Biometric Data Processing System Of Law

Original Language Title: Biometrijas datu apstrādes sistēmas likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/193111

The Saeima has adopted and the President promulgated the following laws: biometric data processing system law, chapter I. General provisions article 1. The law is applied in the following terms: 1) biometric data — an individual's physical characteristics and the set of indicators [face digital picture, finger (hand) or foot prints];
2) biometric data processing: any operation performed with the biometric data, including data acquisition, recording, storing, sorting, comparison, use, modification, transfer, transmission, disclosure, blocking or deletion;
3) identity — an individual's data, physical characteristics and a set of indicators that allow the individual to accurately distinguished from other natural persons;
4) finger (hand) the fingerprints — from a person's hand (wrist) obtained fingerprints;
5) finger (hand) feet — a person's hand (wrist) reflection of the object surface by leaving the person touching the object or grabbing;
6) reference about an individual's identity: biometric verification (physical verification of the identity of the person, compared to a person's biometric data to biometric data processing system for this person already registered biometric data) as a result of processing of biometric data in the system automatically make the person's identity. 2. article. This law aims to provide a single biometric data processing system, to be able to determine the identity of the natural persons and also to prevent foreign identity. Chapter II. Biometric data processing system, biometrics data input, update and storage article 3. Biometric data processing system is a public information system administrator and is the Interior Ministry's information center. 4. article. Biometric data processing system, the maintenance and development of the financed from State budget resources for these purposes. 5. article. Biometric data processing system included biometric data, which are obtained: 1) when issuing identity and travel documents;
2) when issuing visas;
3) issue of a residence permit;
4) issued by the seafarers ' identification documents;
5) issue of driving licences;
6) issue of the soldiers ' identification documents;
7) issued by the aircraft crew;
8) of asylum seekers;
9) from recognized bodies;
10) operations, counterintelligence and intelligence. Findings include biometric data processing systems, if necessary, to prevent threats to the national security and public order, and if the decision on entering this data assumes operational entity, who acquired the data concerned;
11) as a result of the investigation and the detainees, suspects, accused and convicted persons;
12) from persons who do not have a valid identity document, following the finding of fact. 6. article. Article 5 of this law 1., 2., 3., 4., 5., 6., 7., 8., 12., in the cases provided for in paragraph biometric data processing system including the following data: 1) for a person who is registered in the population register: a) the face of the digital image, b) finger (hand) digital images of fingerprints (if possible to get it), c) person's name (name), (d)) ID code, e) sex f) nationality and its types the death of a person, g), (h)): biometric data, i) biometric data acquisition basis, j) biometric data acquisition date;
2) for persons who are not registered in the population register: a) the face of the digital image, b) finger (hand) digital images of fingerprints (if possible to get it), c) person's name (name), (d) the person's date of birth), e) nationality and its type, f), (g) the institution of gender) — winner of biometrics, h) biometric data acquisition basis, i) biometric data acquisition date. 7. article. (1) this law, article 5, 10 and 11 in the cases provided for in paragraph biometric data processing system of the person from whom you obtained your finger (hand), including the following data: 1) the face of digital images;
2) finger (hand) digital images of fingerprints;
3) person's name (first name) and last name;
4) person's date of birth;
5) ID number (if one is assigned);
6) nationality and its type;
7) gender;
8) criminal or administrative violations (if found) the legal qualifications;
9) biometrics [finger (hand) footprint] acquisition;
10) — winner of biometric data;
11) date of acquisition of biometric data;
12) event records the registration number or the operational accounting or criminal case number.
(2) if the person has changed your first or last name, also indicate the previous name. 8. article. Article 5 of this law, 10 and 11 in the cases provided for in paragraph biometric data processing system for persons finger (hand) feet including the following data: 1) finger (hand) the digital image of the feet;
2) event records the registration number or the operational accounting or criminal case number;
3 the date of the event);
4) event address;
5) criminal or administrative violations (if found) the legal qualifications;
6) — winner of biometric data;
7) biometric data acquisition date. 9. article. Biometric data processing system for an unrecognized body including the following data: 1) the face of digital images (if possible to get it);
2) finger (hand) digital images of fingerprints (if possible to get it);
3) event records the registration number or the operational accounting or criminal case number;
4) date when the body was found in a suspect;
5) or the site address, geographical coordinates, where the body was found in a suspect;
6) — winner of biometric data;
7) biometric data acquisition date. 10. article. (1) this law 6, 7, 8 and 9 mentioned in article data mining, as well as the entry and updating of biometrics data processing system in a cabinet order provides: 1) pre-trial investigation authorities;
2) national safety authorities;
3) national authorities carrying out operational activities;
4) Ministry of defence;
5) Ministry of Foreign Affairs;
6) road traffic safety Directorate;
7) Latvian maritime administration;
8) citizenship and Immigration Department;
9) Ministry of transportation;
the State border guard of 10).
(2) the first paragraph of this article, the authorities are responsible for the acquisition of biometric data, accurate entry of biometric data processing systems, as well as the updating of the data entered during storage. 11. article. (1) this law, 6, 7 and 8 of the biometric data referred to in data processing system stores: 1) 10 years after the death of a person where the death of a person in fact registered in the population register;
2) 75 years after the first record date, if the person is not registered in the population register.
(2) in article 9 of this law the data processing of biometric data stored in the system for five years after they were entered.
(3) After the expiry of the term of storage of biometric data are destroyed by the Cabinet of Ministers. Chapter III. The use of biometrics and surveillance article 12. Processing of biometrics data in the system is limited by the availability of information. 13. article. Processing of biometrics data in the system used to ensure: 1) foreign personal identity prevention;
2) personal identity verification of identity and travel documents, as well as visas, residence permits and other documents referred to in this law, the issuance process;
3) personal identity intelligence, counterintelligence, operational activities, as well as the analysis of the information obtained;
4) and other criminal offences in the area of crime prevention;
5) detection of criminal offences and criminal offences committed by the person search;
6) detainees, suspects, accused and convicted person identity verification;
7) personal identity verification using the border control of persons;
8) personal identity verification, making foreigners residence conditions;
9) identity of asylum seekers;
10) unrecognized biometric identification of the carcases (compare the sample with all biometric data processing system of biometric data in the samples to see if it matches with one of the biometric data processing system of biometric data in the existing samples, and if a match is found, see the reference to the identity of the owner of the sample);
11) missing person search;
12) health and life protection. 14. article. (1) the Cabinet of Ministers established the use of biometric data processing system of the Act referred to in article 13 shall be entitled to carry out the functions of such authorities: 1) pre-trial investigation authorities;
2) national safety authorities;
3) national authorities carrying out operational activities;
4) Ministry of defence;
5) Ministry of Foreign Affairs;
6) road traffic safety Directorate;
7) Civil Aviation Agency;
8) maritime administration of Latvia;
9) citizenship and Immigration Department;
10) the public prosecutor's Office;
11) Court;
the State border guard of 12);
13) under the supervision of the Ministry of health in the existing medical institutions included in the register of legal persons.
(2) the right to make inquiries about the identity of the natural person has any legal or natural person.
(3) the reference about an individual's identity can be requested and obtained only with its consent.

(4) the order in which requests and covers the physical identity of the person, shall be determined by the Cabinet of Ministers. 15. article. Biometric data processing system includes the provision of the data to the competent authorities of the foreign country allowed pursuant to the Republic of Latvia of binding international agreements and European Union law. 16. article. Compliance with this law, the State data inspection regulations for physical protection of personal data. Transitional provisions 1. With the entry into force of this law shall lapse on 31 May 2007 in biometric data processing system Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2007, no. 13). 2. the Cabinet of Ministers until 2009 December 31 issued this law, article 10, first paragraph, the third subparagraph of article 11 and article 14 the first and fourth parts of the Cabinet under the rules. 3. the authorities referred to in This law, except for the Latvian marine administration, supports the processing of biometric data in accordance with the procedure prescribed by law, beginning with the January 1, 2011. 4. The Latvian maritime administration provides the processing of biometric data in accordance with the procedure laid down in this Act by the International Labour Organization in June 19, 2003 the Convention "seafarers ' identification documents Convention ratification the Republic of Latvia, but not before the January 1, 2011. The Parliament adopted the law of 21 May 2009. President Valdis Zatlers in Riga V 2009 June 10