Octopus Cybercrime Community

Latvia signed (05.05.2004) and ratified (14.04.2007) Budapest Convention on Cybercrime. The CoE Convention on Cybercrime and its Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems is applicable in Latvia from 1 June 2007.

In Latvia, like in a number of other EU Member States, there is no common definition of "cybercrime"; there are cyber-dependent crime and cyber-enabled crime (or crime with an online element).

Criminal Law includes the following crimes:

1. Arbitrary Accessing Automated Data Processing Systems (section 241),

2. Interference in the Operation of Automated Data Processing Systems and Illegal Actions with the Information Included in Such Systems (section 243),

3. Illegal Operations with Automated Data Processing System Resource Influencing Devices (section 244),

4. Acquisition Equipment, Development, Alterations, Storage and Distribution of Data, Programs and Equipment for Illegal Activities with Electronic Communications Network Terminal (section 244¹),

5. Violation of Safety Provisions Regarding Information Systems (section 245).

In addition, criminal law also includes the following infringement:

1. Violation of Provisions Regarding the Demonstration of a Pornographic Performance, Restriction of Entertainment of Intimate Nature and Handling of a Material of Pornographic Nature (section 166),

2. Fraud in an Automated Data Processing System (section 177¹), Infringement of Copyright and Neighbouring Rights (section 148).

Besides, Copyright Law was adopted on 06.04.2000

The Criminal Code of Latvia provides an exhaustive substantive law framework, addressing all offences provided by the Budapest Convention.

Substantive law provisions can thus be found in the following legal acts:

1) Criminal Code

2) Electronic Communications Act

3) Cabinet regulation No. 820 adopted 4 December 2007 "Procedures by which Pre-trial Investigative Institutions, Bodies Performing Investigatory Operations, State Security Institutions, Office of the Prosecutor and Court Request and a Merchant of Electronic Communications Transfers Data to be retained, and Procedures by which Statistical Information regarding Requests of Data to be Retained and Issuing thereof is Compiled"

In terms of procedural powers, Criminal Procedure Code provides all relevant procedural powers also found in the Convention, with exception of production orders provided under the Electronic Communications Act. It has to be noted that Latvia uses national regulations on data retention to enact preservation powers (Article 16 and 17 of the Budapest Convention) in practice.

Procedural law provisions can thus be found in the following legal acts:

1) Criminal Procedure Code Art. 190,191 and 192;

2) Law on the Exchange of Information for the prevention, detection and investigation of criminal offences as well as by some international legal acts.

General rules and safeguards are applied.

In addition to the laws and regulations expect above mentioned:

Law On the Security of Information Technologies - 2010 (English).

Latvia has implemented a “one stop shop” philosophy by including all the international police cooperation services in a common data acquisition and processing flow. International Cooperation department (ICD) is a part of Central Criminal Police Department of the State Police of Latvia. The legal basis for the operations of the State Police is the Constitution of the Republic of Latvia, international agreements, Law on Police, other laws and regulatory enactments of the Republic of Latvia, and decisions of local governments, if they are not contrary to the laws of the Republic of Latvia.

Function of ICD which is dedicated to tackling cybercrime is based on 2001 Convention on Cybercrime and Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems.

International police cooperation in Latvia provides services via Interpol, Europol information exchange channels and via 24/7 Contact Point network.

24/7 Contact point (Article 35)

Operational Coordination and Informative Supply Unit of the International Cooperation Bureau of the Central Criminal Police Department of the State Police - authorized to send/receive and follow up to requests for preservation

MLA

According to the Criminal Procedure Law (Article 846 on the competent authorities in the examination of a request of a foreign state):

• in the pre-trial proceedings: the General Prosecutor’s Office examines and decides a request of a foreign state; up to the commencement of criminal prosecution also the State Police;
• after transfer of a case to a court: the Ministry of Justice examines and decides a request of a foreign state.

Latvia signed and ratified Budapest Convention on Cybercrime. As well as on 05.10.2006 joined additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems.

In case of cooperation with EU Member States concerning the investigation of cybercrimes data retention and obtaining of preserved information is possible in the frame of so called “Swedish Initiative” (Council Framework Decision 2006/960/JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union).