Latvia Expands Law Enforcement's Ability to Obtain Data on Online Offenders' Identity
Amendments to the Administrative Liability Law, effective June 20, broaden the authority of officials to request data from electronic communications providers to identify individuals who commit administrative offenses online, and extend the transition period for officials to meet education requirements.
New Data Access Powers
Previously, only the State Police could request data from electronic communications providers in cases of physical or emotional violence against children during administrative proceedings. As of June 20, this power is extended to all officials conducting administrative offense proceedings and applies to any offense committed online, including on social media or portals.
Under the amendments, electronic communications providers must, upon request, provide the official with data such as the subscriber's or registered end-user's name, surname, personal code (or company name and registration number), the installation address of the service (associated with the IP address at the time of connection), and the end-user identifier or connection number. This data is requested by a separate decision of the official.
For cases involving physical or emotional violence against children, officials may also obtain location data, but only with a court order. The judge must assess the proportionality of the restriction on the right to private life and issue a decision within three working days.
Extended Transition Period for Education Requirements
The amendments also extend the deadline for officials conducting administrative proceedings to obtain the required education. Previously, officials with secondary education (e.g., police officers) had six years from the law's entry into force to acquire higher education. This period is now extended to ten years. Additionally, if an official has five years or less until retirement, they may continue working without a higher education degree.
According to Sandis Blumbergs from the Ministry of the Interior, this solution ensures the continuity of state institutions, particularly the Office of Citizenship and Migration Affairs, where some officials are already studying while others are near retirement age.
Other Changes
The amendments clarify that the type and amount of fines may differ from the general framework if required by EU or international law. The Lottery and Gambling Supervision Inspectorate is removed from the list of bodies authorized to conduct administrative proceedings, and references to the Insolvency Control Service are replaced with the Ministry of Justice as of October 1.
