Processing of personal data
3. Public access to personal data in the process of registration of rightholders and legal facts
The Enterprise Register shall operate in accordance with the operational objective 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 to ensure the public reliability and availability of data on public registers of information.
In order to strengthen the fight against money laundering and terrorism financing in the public interest, the amendments of 2019 to the Law on the 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 any person is able to identify the natural persons online (true good). beneficiaries) in order to ensure that they are not subject to the restrictions laid down in the ̄ of the Sanctions Act.
Accordingly, by 07.01.2020. the most recent (up-to-date) information on legal entities and legal facts registered in 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 identity document data), is freely and freely available in the Enterprise Register. the website of the information, including unidentified users.
We draw attention to the fact that the legislator, when making available a public register of information to unidentified users, assessed whether, in this case, a person's right to data protection prevail over the public interest. In the light of the objectives of the disclosure, it is concluded that the objectives of general public interest, in particular in the economic and financial interest, the prevention of money laundering and, for other purposes, ensuring the availability of data in the general public interest, are fully justified as to affect both the material (financial) status of each individual and the risk to life (Law of 14 November 2019). amendments to the Law On the Enterprise Register of the Republic of Latvia shall be available on the Saeima website).
The website of the State Data Inspectorate, which is the authority supervising the lawfulness of data processing in Latvia, shall have access to the views of the Inspectorate as regards the disclosure of the data of the Enterprise Register.
Categories of recipients of personal data
- any natural or legal person may receive:
- On the website of the Enterprise Register, information and documents available on the rightholder and legal facts, including true beneficiaries;
- upon request, specifying the justification and purpose of the use of information - information for which the status of restricted access has been determined in accordance with the regulation of the Law On the Enterprise Registers of the Republic of Latvia;
- in the format of open data in Latvia's open data portal - the data of members of the board of rightholders, members of the board of rightholders, members of the rightholders' rightholders, or other senior officials, true beneficiaries and limited access companies (SIA).
- State and local government authorities, law enforcement authorities, courts for the performance of their functions - in the amount of data specified in regulatory enactments.
- a natural or legal person who requested the information for re-use. The Enterprise Register shall not transfer personal data for re-use outside the European Union or the European Economic Area.