Reservations and Declarations for Treaty No.108 - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 20/06/2018

Latvia

Declaration contained in the instrument of ratification deposited on 30 May 2001 - Or. Engl. - and partially withdrawn by a Note from the Minister of Foreign Affairs of Latvia, dated 28 November 2005, transmitted by the Permanent Representation of Latvia, and registered by the Secretariat General on 8 December 2005 – Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the Republic of Latvia declares that it will not apply the above-said Convention to the following categories of automated personal data files :

[1. which are subject to State secret;] (*)
2. which are processed by public institutions for the purposes of national security and criminal law.

[(*) Note by the Secretariat : See the declaration dated 28 November 2005 and registered by the Secretariat General on 8 December 2005.]
Period covered: 01/09/2001 -
Articles concerned : 3

Partial withdrawal of declaration contained in a Note from the Minister of Foreign Affairs of Latvia, dated 28 November 2005, transmitted by the Permanent Representation of Latvia, registered by the Secretariat General on 8 December 2005 – Or. Engl. - and in a Note from the Minister of Foreign Affairs of Latvia, dated 9 May 2006, transmitted by the Permanent Representation of Latvia and registered by the Secretariat General on 19 May 2006 – Or. Engl. - providing further details

In accordance with Article 3, paragraph 2.a, of the Convention, the Republic of Latvia declares that :

- it will apply the Convention to those personal data files which are subject to the law "On Official Secrets" considering the exceptions listed in this law, i.e., information which may not be an Official Secret. According to Article 5 of the Law on Official Secrets, it is prohibited to grant the status of an official secret and to restrict access to the following information :

1. information regarding natural disasters, natural or other calamities and the consequences thereof;
2. information regarding the environmental, health protection, educational and cultural state, as well as the demographic situation;
3. information regarding violations of human rights;
4. information regarding the crime rate and the statistics thereof, corruption cases, irregular conduct of officials;
5. information regarding the economic situation in the State, implementation of the budget, living standards of the population, as well as the salary scales, privileges, advantages and guarantees specified for officials and employees of State and local government institutions, and
6. information regarding the state of health of the heads of State.

- it will not apply the Convention to the personal data files which are processed by public institutions for the purposes of national security and criminal law.

This declaration replaces the previous declaration made by the Republic of Latvia at the time of ratification of the Convention, on 30 May 2001.
Period covered: 08/12/2005 -
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative of Latvia, dated 26 December 2001, registered at the Secretariat General on 7 January 2002 - Or. Engl.

The Government of Latvia accepts the Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) allowing the European Communities to accede to the Convention.
Articles concerned : 21


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