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Ceturtdiena 20.09.2018 | Name days: Marianna, Ginters, Guntra
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Saeima conceptually supports personal data processing legislative draft

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Baltic news, News from Latvia, BNN.LV, BNN-NEWS.COM, BNN-NEWS.RULatvia’s Saeima supported the legislative draft On Personal Data Processing in the first reading. This draft provides for the development of national requirements to ensure successful application of EU General Data Protection Regulation.

The regulation provides for modernization of existing data-processing principles and creation of unified personal data protection requirements that will be enforced in the entire European Union. Member states will commence application of the regulation starting with 25 May 2018.

The goal of the legislative draft is creating a legal framework for the creation of a personal data protection system and allocating the necessary institutions and guidelines, as confirmed by Saeima’s press-service.

«This regulation provides multiple improvements for the Single Market environment. It provides several conditions for personal data protection on a European level. This applied to processing, storage and provision of such data to other companies. It is also planned to apply a one-stop agency principle for businessmen – companies will have to cooperate with only one data protection institution. This will help ensure simple and cheap business activities in the EU,» as stated in the annotation.

Currently data protection in Latvia is governed by Personal Data Protection Law. Following the application of the General Data Protection Regulation, this law will become obsolete.

The regulation provides a duty for member states to form data monitoring institutions. The legislative draft states that the Data State Inspectorate (DSI) will become this institution in Latvia.

Saeima’s press-service reports that DSI will perform application of the regulation, improve society’s awareness of risks, rules and rights in relation to data processing. The legislative draft also provides that DSI consults the parliament, government and other institutions and structures about legislative measures associated with protection of people’s rights and freedoms when it comes to data processing.

To assist with completion of requirements when evaluating data protection violations, DSI will use the consult first principle. In addition, the regulation provides for application of a verbal warming instead of a fine in situations when a fine would be unaffordable for a person.

Administrative fines for violations of the regulation are detailed in the regulation and cannot be included in national regulations. Fines provided by the Code of Administrative Offences, following the coming into force of the new regulation, will no longer be applied on private persons.

The regulation provides a mandatory duty to appoint a data protection specialist if data processing is performed by a state institution or structure that processes sensitive data, as well as data regarding criminal acts or if data processing institution’s duties consist of activities that require systematic monitoring.

The legislative draft does not apply to processing of personal data performed by state security institutions operating in the field of reconnaissance, counter-intelligence, as well as institutions of foreign countries authorized by law to perform reconnaissance, as well as state institutions working in line of EU foreign and security policy.

Before the law can come into force, it has to be reviewed by an appropriate committee and the Saeima in two readings.


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