Riga, 10 December 2013

Cabinet of Ministers of the Republic of Latvia

Regulations No. 1415 (Protocol No. 66, Paragraph 54)

The Data State Inspectorate Bylaws

 Issued pursuant to Article 16, Paragraph one

of the State Administration Law

I. General Provisions

1.The Data State Inspectorate (hereinafter – the Inspectorate) is an institution of direct administration under the supervision of the Ministry of Justice, acting independently and constantly, performing the functions specified in regulatory enactments;

2. The purpose of the Inspectorate activity is the supervision of personal data protection, the accreditation and supervision of reliable certification service providers, supervision of data protection in the electronic communications field, and the supervision of the circulation of information society services and the supervision of credit information bureaus in accordance with its competence.

II. Inspectorate Functions and Tasks

3. The Inspectorate has the following functions:

    3.1.To supervise the processing and protection of personal data in accordance with the regulatory enactments regulating the data protection of individuals, processing of biometrics, human genome research and extrajudicial debt recovery;

   3.2.If the data subject requests information about himself, to transfer the request to the European Judicial Cooperation Unit (Eurojust);

   3.3.To represent the Republic of Latvia in the Joint Supervisory Body of the Schengen Information System, the Joint Supervisory Body of Europol, the Europol Appeal Committee, the Joint Customs Information System Supervisory Authority, Directive 95/46 /EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data in the Article 29 Working Party and the Council of Europe Convention for the Protection of Personal Data in the Area of Automatic Processing of Personal Data in the Consultative Committee;

   3.4. To issue a license for the operation of the credit information bureau;

   3.5. To supervise activities of the credit information bureaus.

  1. To comply with the functions referred to in Paragraph 3 of this Regulation, the Inspectorate shall perform data protection, information society services, electronic communications, electronic documents, biometric data processing, activities of the Schengen Information System, human genome research, information technology security debt recovery and credit information bureaus the tasks set out in the regulatory enactments regulating activities, legal acts of the European Union and international agreements, as well as representing the Republic of Latvia in international organizations and activities in the field of data protection.
  2. The Inspectorate has rights defined in the legislation of the European Union and international treaties on data protection, information society services, electronic communications, electronic documents, biometric data processing, activities of the Schengen Information System, human genome research, information technology security debt recovery, and out-of-court recovery and regulating the activities of credit information bureaus.

III. Inspectorate Structure and Competence of Officials

  1. TheInspectorate’s work is supervised by the director of Inspectorate.
  2. The Director of Inspectorate performs the functions of the head of the direct administration institution specified in the State Administration Law, and:

   7.1.Without a specific authorisation, represents the Inspectorate;

   7.2.In each case, authorizes the Inspectorate officer or employee to represent the Inspectorate;

   7.3.To perform Inspectorate’s functions, establishes commissions, councils and working groups, as well as approves their bylaws;

  1. The Director of Inspectorate determines the Inspectorate structure, the functions and subordination of each unit;
  2. The competence and rights of Inspectorate officials and employees are defined in the normative acts regulating the activities of data protection, information society services, electronic communications, electronic documents, biometric data processing, the operation of the Schengen Information System, human genome research, and information technology security debt out-of-court recovery field and normative acts, which regulates activities of credit information bureaus, European Union law and international treaties.
  3. The officials and employees ensure non-disclosure of the information obtained during the registration and inspection, except publicly available information. This prohibition also applies after the official and employee have ceased to fulfil his duties.

IV. Ensuring the Justice of the Inspectorate activity and its activity report

  1. The justice of Inspectorate activities is ensured by Director. The Director of Inspectorate is responsible for the establishment and operation of the Inspectorate system for internal control and inspection system of management decisions of the Inspectorate.
  2. An administrative act issued by the Inspectorate official or actual action may be contested by submitting a respective application to the Director of Inspectorate. An administrative act issued by the Director or actual action, as well as a decision regarding the disputed administrative act or actual action, may be appealed to the court.
  3. The Inspectorate prepares an annual report on its activities and reports on the use of budget funds.

V. Closing Issue

The Cabinet Regulation No. 408 “Regulations of the Data State Inspectorate” of 28 November 2000 (Latvijas Vēstnesis, 2000, No. 435/4/437, 2003, No. 49) shall be repealed.

Prime Minister Valdis Dombrovskis

Minister of Justice Jānis Bordāns

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