The Order In Which The Pre-Trial Investigation Authority, Operational Entities, National Safety Authorities, The Prosecution And The Court, And The Electronic Communication Shall Process Data Traders, As Well As The Order In Which Collects Statistical ...

Original Language Title: Kārtība, kādā pirmstiesas izmeklēšanas iestādes, operatīvās darbības subjekti, valsts drošības iestādes, prokuratūra un tiesa pieprasa un elektronisko sakaru komersants nodod saglabājamos datus, kā arī kārtība, kādā apkopo statistisko informāciju par sagl

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/167539

Cabinet of Ministers Regulations No 820 in Riga in 2007 (4 December. No 68 1) order in which pre-trial investigation authorities, operational entities, national safety authorities, the prosecution and the Court, and the electronic communication shall process data traders, as well as the order in which gathers statistical information about the number of data requests and their issuance Issued in accordance with the electronic communications law article 71.1 of the fourth and fifth 1. determines: 1.1. procedures for pre-trial investigation authorities, operational entities , national safety authorities (hereinafter the institution), the public prosecutor's Office and the Court, and the electronic communications operator transmits the saved data;
1.2. the procedure and the extent to which the data State Inspectorate collects statistical information about the institutions ' requests to receive process data (further-request) and on the issue of data to be retained. 2. the head of the institution shall designate officials empowered to request process data (hereinafter referred to as the trustee). For authorised officers shall notify the trader of electronic communications by sending the required contact information (name, title, address, phone, fax, e-mail). 3. The electronic communications operator will designate the persons who provide the transfer of data to be retained, the Prosecutor's Office and the Court upon their request. For authorised persons shall communicate to the authorities, the prosecution and the Court, sending the required contact information (name, title, address, phone, fax, e-mail). 4. the institutions, the public prosecutor's Office and the Court of Justice provides: 4.1 data to be retained for requesting assessment of necessity and proportionality;
4.2. the legal or statutory activities, support of the request;
4.3. the request logging, identifying the authorised officer whose data requested, officials who proposed the request data to be retained, as well as the particular criminal matters or operational file number of the proceedings, in which the data are required to be retained;
4.4. the received registration data to be retained, arguing that officials released to the received data;
4.5. to store received data protection according to the regulations governing the protection of information. 5. electronic communications merchant providing: 5.1. transfer of data to be retained to the extent specified in the request and in the form;
5.2. the request logging, identify employees who require you to keep the data referred to in preparation for service;
5.3. the data to be retained (responses to requests), indicating the employee who provided the data concerned;
5.4. protection information on the requests received and the issue of data to be retained under the laws governing the protection of information. 6. The necessary process to data requests the authorized officer, Prosecutor or the Court, sending electronic communications operator to request that contains the data to be retained for legal justification for requesting the amount, type and the response deadline (1., 2., and annex 3). 7. The request may also be sent electronically if the electronic communications operator has concluded the provision referred to in paragraph 8. 8. the public prosecutor's Office and judicial bodies with the electronic communications operator may conclude agreements on Exchange of data to be retained electronically. The contract provides for requirements for encryption of information and the identification of persons, conditions, safety of data to be retained and the provision of information in cases of urgency, as well as the obligations of the parties. 9. for each subject or object, prepare a separate request. 10. electronic communications merchant provided receipt of the transfer of data to be retained for the following periods of time: 10.1 within 30 days, if the requested data, the maintenance of which occurred before the more than six months;
10.2. within 10 days, if the requested data retention occurred during the last six months;
10.3. in cases of urgency, if the transfer of data to be retained this provision 10.1 or 10.2. within the time limit referred to in subparagraph may hinder the prevention or crime detection, human life or public safety and public protection (hereinafter referred to as the emergency case)-three hours, if the requested data, which was the last save 24-hour time;
10.4. emergency cases, if requested in annex 1 of these rules 1, 2 and 3, annex 2, paragraph 1, 9, 10 and 13 points, or 3.1 and 2, the data referred to in paragraph 1-hour. 11. If the technical capabilities, it is not possible to ensure the transfer of data to be retained this provision limits referred to in paragraph 10, the electronic communications operator will inform the relevant bodies, the public prosecutor's Office or the Court and the process to provide the requested data immediately, as soon as possible. 12. the current year To February 1, the electronic communications operator for the requests that the previous year, according to the electronic communications law, the first paragraph of article 71.1 submitted to authorities, the public prosecutor's Office or court, shall submit the data state inspection in the following: 12.1 the total number of requests;
12.2. the period (in months), which passed from the retention date and until the date when the institution, the public prosecutor's Office or court requested the relevant data;
12.3. the number of cases when it has not been possible to issue the required process data. 13. the data state inspection two months these rules collect the information referred to in paragraph 12 and sent to the European Commission. 14. electronic communications operators are required, starting with March 15, 2009, to ensure that the provisions referred to in annex 3 of the data to be retained and transferred to the Prosecutor's Office and judicial bodies. Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 15 March 2006, Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC. Prime Minister a. Halloween Interior Minister i. Godmanis annex 1 Cabinet 4 December 2007 regulations No 820 Interior Minister i. Godmanis annex 2 Cabinet 4 December 2007 regulations No 820 Interior Minister i. Godmanis annex 3 Cabinet 4 December 2007 regulations No 820 Interior Minister i. Godmanis