AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE
GOVERNMENT OF THE REPUBLIC OF ESTONIA ON THE EXCHANGE OF DATA
FROM THE POPULATION REGISTER
The Government of the Republic of Latvia and the Government of
the Republic of Estonia (hereinafter referred to as the
Contracting Parties),
willing to exchange personal data between their population
registers to:
strengthen and develop good cooperation between the Republic
of Latvia and the Republic of Estonia in the field of free
movement of persons;
improve the effectiveness of discharge of the duties of the
national authorities;
maintain and analyse statistical data regarding persons moving
from the Republic of Latvia to the Republic of Estonia and
vice versa and receiving the right of residence in the
relevant state;
in reliance on the fact that the Republic of Latvia and the
Republic of Estonia ensure proper protection of personal data of
natural persons in accordance with binding international
legislation,
have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement:
1) "competent authority maintaining the population
register" means the state authority of the Contracting Party
responsible for the maintenance of the population register, i.e.
the Office of Citizenship and Migration Affairs of the Republic
of Latvia and the Ministry of the Interior of the Republic of
Estonia, respectively;
2) "population register" means a system of
population registration, which includes personal data for the
purpose of state population registration, including the person's
given name and surname, date of birth, address of place of
residence, marital status;
3) "person of interest" means a citizen, alien or
stateless person (holding an alien's or stateless person's travel
document) of the state of the Contracting Party, whose personal
data is registered, for the purpose of population registration,
on any ground in the population register maintained by the other
Contracting Party assigning a personal identification code;
4) "state of departure" means the state of the
Contracting Party, from which the person of interest moves and,
as a result, personal data of the person of interest is included
in the population register of the other Contracting Party;
5) "state of arrival" means the state of the
Contracting Party, to which the person of interest moves and, as
a result, personal data of the person of interest is included in
the population register of this Contracting Party;
6) "registration" means the first recording of the
data relating to a person of interest into the population
register of the state of arrival, which is accompanied by issuing
of a personal identification code;
7) "place of residence" means the address of a
person of interest in the population register;
8) "personal data" means data relating to a person
of interest as specified in the Annex to this Agreement.
Article 2
Data to be delivered
1. Competent authorities maintaining the population register
shall exchange data that has been recorded in the population
register concerning:
1) the person of interest;
2) place of residence of the person of interest;
3) data relating to a document confirming the events referred
to in sub-paragraphs 4-6 of paragraph 1 of this Article;
4) marriage of the person of interest registered or terminated
(the word terminated hereinafter includes termination of
marriage on any ground, incl. dissolution or recognition as
invalid) outside the state of departure;
5) death of the person of interest;
6) birth and death of a child under 18 years (who is not
the person of interest) of the person of interest.
2. The detailed list of the data is set out in the Annex that
forms an integral part of this Agreement.
3. If a person of interest who has moved to the state of
arrival moves back to the state of departure, the latter shall
inform the other Contracting Party of the change of the place of
residence.
Article 3
Delivery of data of person of interest
1. The competent authority maintaining the population register
of the state of arrival shall deliver the data (including changes
in the data) listed in the Annex to this Agreement, which has
been recorded in the population register within one calendar
month regarding the person of interest, to the competent
authority maintaining the population register of the state of
departure once a month, but no later than on the 15th
day of the next month.
2. If it is impossible to identify the person of interest
using the data listed in the Annex to this Agreement, the
competent authority maintaining the population register and
delivering the data shall deliver, upon the individual request of
the other Contracting Party, additional data that can be
exchanged concerning the person of interest. The additional data
shall only be used for the identification of the person of
interest.
3. The competent authorities maintaining the population
registers shall agree on procedures for exchange of data, the
data to be exchanged and technical solutions related to the
delivery of the data listed in the Annex to this Agreement. The
competent authorities maintaining the population registers shall
inform each other of contact details required for the procedures
for exchange of data and technical solutions.
Article 4
Use of data
1. The competent authorities maintaining the population
registers shall process the data listed in this Agreement to
perform their legal duties.
2. Any processing of the personal data received under this
Agreement shall be based upon the relevant norms of national and
international law relating to the population register and the
protection of personal data.
Article 5
Security of data processing
1. The competent authorities maintaining the population
registers shall take measures to ensure secure processing of the
data listed in this Agreement and to exclude accidental or
unauthorised deletion of the data listed in this Agreement, loss
thereof or illegal access thereto.
2. The competent authorities maintaining the population
registers shall be responsible for the accuracy of the data
delivered. For the purpose of ensuring the accuracy of the data
delivered, either Contracting Party may submit a request for
additional data to the other Contracting Party in justifiable
individual cases.
3. The competent authority maintaining the population register
and delivering the data shall notify the competent authority
maintaining the population register and receiving the data of
inaccuracies in the data delivered in order to be able to correct
the data.
4. If the data delivered is false or the delivery of such data
has not been agreed upon in this Agreement, the competent
authority maintaining the population register and receiving the
data shall notify the competent authority maintaining the
population register and delivering the data thereof. In such case
the competent authority maintaining the population register and
delivering the data shall correct the data and resend the data to
the competent authority maintaining the population register and
receiving the data.
5. The authorities maintaining the population registers shall
ensure that the content of this Agreement is introduced to the
personnel involved in personal data processing in the population
registers.
Article 6
Other obligations
The Contracting Parties shall inform each other in writing
through diplomatic channels if the duties of the competent
authority maintaining the population register are transferred to
another authority not mentioned in sub-paragraph 1 of
Article 1 of this Agreement.
Article 7
Costs related to delivery of data
The costs related to the delivery of personal data shall be
covered by the state of the Contracting Party that has delivered
the data.
Article 8
Validity, amendments and termination of the Agreement
1. This Agreement has been entered into for an indefinite
period of time.
2. The Contracting Parties may amend this Agreement by drawing
up a Protocol that shall become an integral part of this
Agreement and enter into force according to Article 10 of
this Agreement.
3. Either Contracting Party may terminate this Agreement at
any time by sending a written notification to the other
Contracting Party through diplomatic channels. Such termination
shall take effect six months after the date of the receipt of
such notification.
4. Either Contracting Party may suspend the performance of
this Agreement at any time by sending a written notification to
the other Contracting Party through diplomatic channels if the
first Party has grounds to suspect that the privacy of the
personal data or the security of the data processing is
jeopardised. The suspension shall take effect on the date of
receipt of the notification. The suspending Contracting Party may
continue to perform the Agreement at any time by sending a
written notification to the other Contracting Party through
diplomatic channels. The performance of the Agreement shall
continue from the date of receipt of such notification.
5. In case of termination or suspension of this Agreement, all
the data received shall remain at the disposal of the Contracting
Party that has received the data.
Article 9
Disputes
1. Any disputes concerning the interpretation or performance
of this Agreement shall be settled by way of direct negotiations
between the competent authorities maintaining the population
registers.
2. If an agreement is not reached by way of direct
negotiations specified above, the dispute shall be settled
through diplomatic channels.
Article 10
Entry into force
1. The Contracting Parties shall notify each other in writing
through diplomatic channels that the national legal procedures
necessary for entry into force of this Agreement have been
completed. The Agreement shall enter into force on the
30th day after the date of receipt of the later
notification.
2. The competent authority maintaining the population register
of the state of arrival shall deliver the data listed in this
Agreement related to the person of interest and effective at the
time of entry into force of this Agreement to the competent
authority maintaining the population register of the state of
departure not later than six months after entry into force of
this Agreement.
Done at __________ on _____________ in duplicate in the
Latvian, Estonian and English languages, one for each Contracting
Party. All the texts are equally authentic. In case of divergence
of interpretations, the English text shall prevail.
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FOR THE GOVERNMENT OF THE
REPUBLIC OF LATVIA
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FOR THE GOVERNMENT OF THE
REPUBLIC OF ESTONIA
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________________________
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_________________________
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ANNEX
TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND THE GOVERNMENT OF THE REPUBLIC OF ESTONIA ON THE EXCHANGE OF
DATA FROM THE POPULATION REGISTER
According to Article 2 of the Agreement between the
Government of the Republic of Latvia and the Government of the
Republic of Estonia on the exchange of data from the population
register, the competent authorities maintaining the population
registers shall exchange the following data.
1. Person of interest
1. Surname
2. Given name
3. Personal identification code assigned by the Republic of
Estonia
4. Personal identification code assigned by the Republic of
Latvia
5. Gender
6. Date of birth
7. Place of birth
8. Citizenship
2. Place of residence of the person
of interest
1. Address of place of residence
2. Registration date of place of residence
3. Annulment date of place of residence
3. Data relating to a document
regarding events referred to in sub-paragraph 3 of paragraph
1 of Article 2 of this Agreement
1. Type of document
2. Number of document
3. Date of issue of document
4. Issuing authority of document
4. Marriage of the person of interest registered or
terminated outside the state of departure
1. Surname of the person of interest prior to the registration
or termination of marriage
2. Surname of the person of interest after the registration or
termination of marriage
3. Place of registration or termination of marriage
4. Date of registration or termination of marriage
5. Authority that registered or terminated marriage
6. Surname of the spouse of the person of interest prior to
the registration or termination of marriage
7. Surname of the spouse of the person of interest after
registration or termination of marriage
8. Given name of the spouse of the person of interest
9. Personal identification code of the spouse of the person of
interest assigned by the Republic of Estonia
10. Personal identification code of the spouse of the person
of interest assigned by the Republic of Latvia
11. Gender of the spouse of the person of interest
12. Date of birth of the spouse of the person of interest
13. Place of birth of the spouse of the person of interest
14. Citizenship of the spouse of the person of interest
15. Date of death of the spouse of the person of interest
16. Place of death of the spouse of the person of interest
5. Death of the person of
interest
1. Date of death
2. Place of death
6. Birth and death of a child under 18 years
(who is not the person of interest) of the person of
interest
1. Surname
2. Given name
3. Personal identification code (if available)
4. Gender
5. Date of birth
6. Place of birth
7. Citizenship (if available)
8. Date of death
9. Place of death
10. Surname of the parent
11. Given name of the parent
12. Personal identification code of the parent
13. Gender of the parent
14. Date of birth of the parent
15. Place of birth of the parent
16. Citizenship of the parent
