Privacy policy
Privacy policy
I Identity and contact details of the controller
Controller: Financial Intelligence Unit of Latvia
Registration No.: 40900025406
Contact details:
Address: Valnu iela 28, Riga, LV-1050, Latvia
Telephone: +371 67044430
E-mail: pasts@fid.gov.lv
Contact details of the Data Protection Officer:
Email: datu.aizsardziba@fid.gov.lv
II General information
The Financial Intelligence Unit of Latvia performs personal data processing in accordance with the State administration principles laid down in Article 10 of the State Administration Structure Law, within the competence laid down in laws and regulations and in accordance with the data protection principles laid down in the laws and regulations governing the field of personal data protection.
The Financial Intelligence Unit of Latvia respects personal privacy and processes personal data only to achieve the objective set forth in laws and regulations and only to the extent necessary for the specific purpose of data processing, as well as shall not disclose personal data to the third parties, except for cases determined in laws and regulations. The Financial Intelligence Unit of Latvia implements the necessary technical and organisational requirements for the protection of data of the relevant category of information, ensuring adequate and sufficient protection level for the processing of personal data, as well as complies with the restrictions for the storage of personal data laid down in laws and regulations and performs pseudonymisation or destruction (erasure) of data after the goal for which data were processed has been achieved, or the storage period laid down in the laws and regulations has entered into force.
III Purposes of processing, legal basis for processing, possible data recipients and data storage period
The Financial Intelligence Unit of Latvia performs the processing of personal data for the following purposes:
1. To exercise control over suspicious transactions and other information received, and acquire, receive, register, process, compile, store, analyse, and provide such information to investigating institutions, the Office of the Prosecutor, or a court which may be used for the prevention, detection, pre-trial criminal proceedings, or trial of money
laundering, terrorism and proliferation financing or an attempt to carry out such actions, or another associated criminal offence.
2. Processing of information received with the aim of preventing circumvention or attempted circumvention of international and national sanctions in the enforcement of financial restrictions.
Legal Basis for Data Processing
Article 2 (1) of the Law on Personal Data Processing in Criminal Proceedings and Administrative Violation Proceedings; Article 50 (1); Article 51; Article 62 of the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing; Article 6 (1) (c) of the General Data Protection Regulation.
The Possible Recipients of Data
The Financial Intelligence Unit of Latvia is entitled to issue personal data only to institutions specified in the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing, and namely: reporting entities; supervisory and controlling authorities, State security institutions, investigation institutions, State Revenue Service, prosecutor's office, court, when implementing international cooperation — to the international and foreign cooperation institutions, the duties of which are similar to the duties of the Financial Intelligence Unit of Latvia.
Data storage period
The Financial Intelligence Unit of Latvia shall store the data of natural persons for the purpose of ensuring the referred to purpose for at least 5 years until the purpose of data processing is achieved. Personal data that are not necessary for achieving a particular objective shall be deleted.
3. Processing of information on suspicious transactions and threshold declaration submitters with the aim of enabling subjects of the Law on Prevention of Money Laundering and Terrorism and Proliferation Financing and persons referred to in Article 3.1 of the Law on Prevention of Money Laundering and Terrorism and Proliferation Financing to submit reports and threshold declarations to the Financial Intelligence Data Receipt and Analysis System.
Legal Basis for Data Processing
Article 2 (1) of the Law on Personal Data Processing in Criminal Proceedings and Administrative Violation Proceedings; Article 50 (1); Article 51; Article 62 of the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing; Article 12.1 (2) of the Law on International Sanctions and National Sanctions of the Republic of Latvia; Article 6 (1) (c) of the General Data Protection Regulation.
The Possible Recipients of Data
According to the Article 31.4 (6) of the Law on Prevention of Money Laundering, Terrorism and Proliferation Financing, the Financial Intelligence Unit of Latvia has no right to disclose data of persons who have provided information on suspicious transactions and threshold declarations, except in the cases provided for in Articles 55 and 56 (1) of the Law on the Prevention of Money Laundering, Terrorism and Proliferation Financing.
Data storage period
The Financial Intelligence Unit of Latvia shall store the data of natural persons for at least 5 years until the purpose of data processing is achieved. Personal data that are not necessary for achieving a particular objective shall be deleted.
4. Processing of information in order to ensure the functions of the Financial Intelligence Unit of Latvia as the competent authority for the implementation of international and national sanctions, as set out in the Law on International and National Sanctions of the Republic of Latvia.
Legal Basis for Data Processing
Article 10 (1) (2) (21) (4), Article 12 (2) (22) (4) (5), Article 12.1 (1) (4) (5) (6) of the Law on International and National Sanctions of the Republic of Latvia; Article 6 (1) (c) of the General Data Protection Regulation.
The Possible Recipients of Data
The Financial Intelligence Unit of Latvia shall be entitled to issue information to the institutions and law enforcement bodies established by the Law on International and National Sanctions of the Republic of Latvia in accordance with the procedure established by the Administrative Procedure Law.
Data storage period
The Financial Intelligence Unit of Latvia shall keep the data of natural persons for at least 5 years until the purpose of the processing has been achieved. Personal data that are not necessary for achieving a particular objective shall be deleted.
5. Ensuring physical security of employees and visitors of the Financial Intelligence Unit of Latvia, including ensuring the protection of information resources and property.
Legal Basis for Data Processing
Article 6 (1) (c) and (e) of the General Data Protection Regulation; Article 53 (3) of the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing; Cabinet Regulation No. 280 of 26 April 2005, Procedures for Protection of Information for Official Needs, etc.
The Possible Recipients of Data
State security and investigative institutions in accordance with the provisions laid down in laws and regulations.
Data storage period
Data is stored in the video surveillance data archive for a period of up to three months; in the data archive of access control and security alarm for a period of up to 24 months.
6. For the management of documents and archives of the Financial Intelligence Unit of Latvia.
Legal Basis for Data Processing
Article 6 (1) (c) and (e) of the General Data Protection Regulation; Application Law; Freedom of Information Law; Electronic Communications Law; Electronic Documents Law; Law on Legal Force of Documents; Archive Law; Cabinet Regulation No. 473 of 28 June 2005 titled "Procedures for the Development, Drawing up, Storage and Circulation of Electronic documents in State and Local Government Institutions and Procedures for the Circulation of Electronic Documents between State and Local Government Institutions and Legal Entities"; and Cabinet Regulations No. 748 of 6 November 2012 titled "Regulations Regarding Management of Documents and Archives".
The Possible Recipients of Data
Law enforcement institutions; authorised employees of the Financial Intelligence Unit of Latvia; court; prosecutor's office; state administration institutions, supervisory and control institutions determined in the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing; and subjects of the said Law.
Data storage period
For the achievement of the referred to purpose, data shall be stored for a long period of time (in accordance with the term for the storage of documents and types of documents specified in external laws and regulations and the purpose of processing to be achieved).
7. Provision of recording of the personnel and accounting of the Financial Intelligence Unit of Latvia.
Legal Basis for Data Processing
Article 6 (1) (c) and (e) of the General Data Protection Regulation, as well as Article 6 (1) (a), Article 9 (2) (a) and (b) of the General Data Protection Regulation; Law on Accounting; Labour Law; Law on Personal Income Tax; Law on State Social Insurance; Law on Maternity and sickness Insurance; Law on Remuneration of Officials and Employees of State and Local Government Authorities; State Civil Service Law; Law on Disciplinary Liability of State Civil Servants; etc.
The Possible Recipients of Data
Data subject about himself/herself; authorised employees of the Financial Intelligence Unit of Latvia; authorised employees of the Ministry of the Interior; in cases stipulated by the laws and regulations — law enforcement institutions and State audit institutions.
Data storage period
Data for the achievement of the referred to purpose shall be stored long-term (in accordance with the provisions laid down in external laws and regulations and the necessity for a specific type of data); information regarding the progress of civil service or employment legal relationships of a civil servant or employee – until the expiry of the storage period specified in the laws and regulations; information regarding applicants for vacant positions of a civil servant or employee – 24 months.
8. Providing high-quality advisory information using audio recordings of fixed telephone conversations of the Financial Intelligence Unit of Latvia. The Financial Intelligence Unit of Latvia records telephone conversations for analysis and performance improvement to ensure the quality of the information provided and to prevent potential conflict situations over the information provided.
Legal Basis for Data Processing
Article 6 (1) (e) of the General Data Protection Regulation.
The Possible Recipients of Data
Authorized employees of the Financial Intelligence Unit of Latvia, in cases specified by law - state security and investigation institutions
Data storage period
Audio recordings of fixed telephone conversations of the Financial Intelligence Unit of Latvia are stored for 15 days. In case of conflict, the conversation record is stored as long as it is necessary to resolve the situation.
9. Public events
The Financial Intelligence Unit of Latvia is responsible for informing and educating the reporting entities, supervisory and controlling authorities and the public about events crucial for the society in the prevention of money laundering and terrorism and proliferation financing, including taking into account the good governance principle determined in the State Administration Structure Law and the activity of the Financial Intelligence Unit of Latvia in the interests of the public.
Personal data processing may be conducted in the events of the Financial Intelligence Unit of Latvia by taking photographs or filming participants of the event, as well as presence of mass media representatives is possible that ensure the transmission and further reflection of the event. In such case information on personal data processing will be indicated at the entrance to the event and, in case of questions, please address the organisers of the event.
The Financial Intelligence Unit of Latvia may use information regarding participants of the event:
- to ensure access to the venue of the event (name, surname, name of the institution or company, telephone number and/or e-mail address);
- in order to ensure information to the public regarding the operation of an institution, photos or video recording of persons obtained during the events organised by the Financial Intelligence Unit of Latvia may be published on the official website, social communication websites and/or other materials created by the Financial Intelligence Unit of Latvia.
IV Rights of the Data Subject
The data subject shall have the right to receive information in relation to the processing of the data subject's personal data, to request rectification, erasure or restriction of processing, as well as the right to object to the processing, as provided for by the regulatory enactments. This right shall be exercised insofar as the data processing does not result from the obligations of the Financial Intelligence Unit of Latvia imposed on it by the applicable laws and regulations.
Pursuant to the Article 27 (1) of the Law on Processing of Personal Data, the data subject is not entitled to receive the information referred to in Article 15 of the General Data Protection Regulation if the disclosure of this information is prohibited under the laws and regulations on prevention of money laundering and terrorism financing.
The data subject shall have the right to submit a request for the exercise of his or her rights in the form of a written application. Documents shall be accepted at the Financial Intelligence Unit of Latvia by post, electronic mail (documents signed with a secure electronic signature) or through the Portal of State Administration Services Latvija.lv, as well as in person at Valnu iela 28, Riga, LV-1050.
If you believe that we have not been able to mutually solve this issue, any person has the right to apply to the Data State Inspectorate at Elijas iela 17, Riga, LV-1050, e-mail: info@dvi.gov.lv.
V Closing provisions
The Financial Intelligence Unit of Latvia reserves the right to make changes or additions to this privacy policy by posting the current version of the privacy policy on the website of the Financial Intelligence Unit of Latvia.
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