The Landscape of Information Technology in Latvia:  

Transborder Data Flows 

 

Overview:  During Soviet times, censorship was heavily enforced in Latvia and throughout the Soviet Union.  Since its independence, Latvia has worked to restrict censorship and encourage the flow of information, including transborder data.

 

The Law on Personal Data Protection was adopted by the Parliament on March 23, 2000. The law is based on the EU Data Directive and the Council of Europe Convention No. 108.  The bill will also create a Data Protection Inspectorate. The approval follows several years of EU pressure to adopt the law.

Latvia is a member of the Council of Europe and signed the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108) on February 11, 2000. It has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Article 17 of the Latvia's Constitutional Law on Rights and Obligations of a Citizen and a Person states, “(1) The State guarantees the confidentiality of correspondence, telephone conversations, telegraph and other communications. (2) These rights may be restricted by a judge’s order for the investigation of serious crimes.”

The Law on Freedom of Information was adopted by the Saiema in October 1998 and signed into law by the State President in November 1998.  It guarantees public access to all information in “any technically feasible form” not specifically restricted by law. Individuals may use it to obtain their own records. Information can only be limited if: there is a law authorizing withholding; the information is for internal use of an institution; it constitutes trade secrets; or concerns the private life of an individual.

Under the Penal Code, it is unlawful to interfere with correspondence. Wiretapping or interception of postal communications requires the permission of a court. On November 16, 1995, it was reported that telephones in the Latvian Defense Ministry were tapped. The Latvian Defense Ministry responded by stating Latvia’s “military counterintelligence service reserves the right to ensure the security of communications at the Ministry of Defense and structures of the national armed forces.” In April 1994, a bugging device was found on the switchboard of the “Dienas Bizness” newspaper.

 

 

 

Last updated December 13, 2001