Processing of personal data
3. Public access to personal data in the process of registration of legal entities and legal facts
The Enterprise Register shall operate in accordance with the objective of operation of the Enterprise Register specified in the Law on the Enterprise Register of the Republic of Latvia – to perform registration of rightholders in order to establish the status of rightholders and ensure public reliability and availability of data of public registers of news.
In order to strengthen the fight with money laundering and terrorism financing in the public interest, the amendments of 2019 to the Law on Prevention of money Laundering and terrorism and Proliferation financing and the Law on International and national Sanctions of the Republic of Latvia imposed an obligation on the Enterprise Register to ensure that every person has the possibility to identify online natural persons – transaction partners (beneficial owners) in order to ascertain that the restrictions specified in the Sanctions Law are not applicable to them.
Consequently, by 07.01.2020. the latest (up-to-date) information regarding the rightholders and legal facts registered in the registers kept by the Enterprise Register, including personal identification data - given name, surname, personal identity number (if the person does not have a personal identity number - date of birth and personal identification document data), shall be freely and free of charge available on the Enterprise Register information website, including unidentified users.
It should be noted that, by making public records available to unidentified users, the legislature examined whether, in the present case, a person's right to protection of his data prevails over the public interest. In view of the public disclosure objectives, it is concluded that for general public interest purposes, in particular economic and financial interests, the prevention of money laundering and for other purposes, ensuring the availability of data in the public interest as a whole is fully justified as it affects both the material (financial) situation of each individual and the risk to life (annotation of the Law of 14 November 2019, Amendments to the Law on the Enterprise Register of the Republic of Latvia, is available on the website of the Saeima).
On the website of the data State Inspectorate, which is the institution supervising the lawfulness of data processing in Latvia, the opinion of the Inspectorate regarding the publication of data of the Enterprise Register is available.
Categories of recipients of personal data
- any natural or legal person may receive:
- On the website of the Enterprise Register - generally accessible information and documents regarding the rightholder and legal facts, including true beneficiaries (legal justification for the transfer of data - the Law on the Enterprise Register of the Republic of Latvia 4. section 10, Paragraph five and Clause 4. Article 11, paragraphs one, two and three);
- upon request, indicating the justification and purpose for the use of information - information for which restricted access status has been determined in accordance with the Regulation of the Law on the Enterprise Register of the Republic of Latvia (legal justification for the transfer of data - the Law on the Enterprise Register of the Republic of Latvia) 4. section 15, Paragraph four);
- in the form of open data in the open data portal of Latvia, the gov.lv/lv - identifying data (given name, surname, part of the personal identity number (if there is no personal identity number - month and year of birth) of members of the board of directors of rightholders, members of the representative members or other representative officials and companies with limited access (SIA) and members (shareholders) of capital companies and the unique resource identifier granted by the Register), identifying data (given name, surname, part of the personal identity number (if there is no personal identity number, – month and year of birth), nationality, country of residence and unique resource identifier allocated by the register) (legal justification for the transfer of data – Law on the Enterprise Register of the Republic of Latvia 4. section 10, Paragraph twelve;
- General available information of the Register information system – using the API manager of the State information systems integrator (VISA) sharing component of the State Regional Development Agency, including for re-use (legal justification for the transfer of data - Law on the Enterprise Register of the Republic of Latvia 4. section 10, paragraphs two and five). The Enterprise Register shall not transfer personal data for re-use outside the European Union or the European Economic area;
- identifying data of the persons entitled to represent the rightholders and of the persons beneficially benefitting them through the European e-Justice Portal (E-Justice), maintained by the European Commission.
- State and local government institutions, law enforcement authorities, courts shall receive data in the amount specified in regulatory enactments for the performance of their functions (legal justification for the transfer of data – Law on the Enterprise Register of the Republic of Latvia 4. section 10, Paragraph one, Clause 4. section 15, Paragraph four).
- international organisations:
- State institutions of the Member States of the European Union shall receive identifying data of officials of executive bodies of rightholders, using the European Union Internal market information system (Ima) (website http://ec.europa.eu/imi-net) (legal justification for the transfer of data - Section 22 of the Law on free provision of services and Cabinet Regulation No. 419 of 28.06.2016, Regulations regarding the procedures for the Exchange and supervision of information within the Internal market information system, the responsibility of institutions involved in the Exchange of information and the procedures for issuance of a European Professional Card);
- The registry authorities of the Member States of the European Union, Islande, Liechtenstein and Norway shall receive the identification of the persons entitled to represent the rightholders through the Business registers interconnection system (BRIS). (legal justification for the transfer of data – Section 4 of the Law on the Enterprise Register of the Republic of Latvia (5. 13) Paragraph).