![]() Latvia Master Report |
This is the final Regulatory Developments report on Latvia as the ESIS project ended in January 2001. This Master Report covers the whole period of the ESIS project surveying the Countries of Central and Eastern Europe, March 1999 - January 2001 inclusive.
1. Introduction and Summary
Information Society-related laws started to come into effect soon after the restoration of the independent Republic of Latvia. The first significant laws were the Telecommunication Law and the Law on Authors Rights and Neighbouring Rights, both adopted in 1993.
A lot of laws and government regulations followed, and now major legal acts are in place. Current issues are telecommunications liberalisation, digital signature and electronic document, e-commerce.
The present government of Latvia was elected in May 2000. Its most significant achievement so far was the closure of negotiations on nine accession topics of the European Union. Latvia declared its readiness to open negotiations on all of the 31 accession topics, including IT&T policy.
In May 2000 the new Prime Minister Andris Berzins provided a declaration of the Work of the Cabinet of Ministers. There are expectations that the role of government in the IS issues will increase. The declaration includes a range of essential actions in the chapters "Communications" and "Informatics". WebPage:
http://www.mk.gov.lv/eng/primeminister/. Among other statements in the declaration there is a clear statement regarding Information Society. "The government supports the development of market economy, not market society, one of the targets being the establishment of information society in Latvia."Concerning specific features for Communications and Information the government declaration targets the following:
The latest Government action in scope of Information Society was the decision of "e-Latvia Concept" decided in December 2000. It is suggested that a related Action Plan will be formulated. This plan is due to be finalised by March 2001.
2. Information Society Policy
2.1. Historical overview and general legislation
The first legislative initiatives, regarding development and operation of state-significant information systems and major intellectual property rights, started soon after Latvia regaining independence in the beginning of 1990-ies.
The initiatives resulted in 1993, in the laws on author’s rights and neighbouring rights, patent rights, trademarks, industrial designs. It also resulted in the government regulations on state-significant information systems in 1994. Latvia joined the Bern Convention in 1993. The next step was the European Agreement between Latvia and the EU, which was signed in 1997,
The initial work in the area of IT&T legislation in Latvia could be said being largely uncoordinated. The work was mostly based on the government’s political desire to react to the European Union’s various directives. Planned and monitored activities have been taking place since 1997.
The legislation has followed some common basic principles;
- Each member of society has the right to be informed. Therefore, information from the state’s institutions of authority and governance must be generally available. Only law can limit the accessibility.
- Information about individuals may not be disclosed if the information would cause any type of harm to the respective individual. Regulations for information allowed to be revealed and the order for disclosure is set out in the law.
- Intellectual work must be facilitated, ensuring people who are active in this area with sufficient and stimulating compensation.
2.1.1. Present general legislation
Presently (end of 2000), the situation with IT&T legislation is the following:
- Major intellectual property protection legislation is in effect since 1993.
- The law On Publicity of Information (Information Freedom Act) is in effect. The law On National Secret, which limits overall accessibility, is already in force.
- The Criminal Code of Latvia contains several articles related to violation of information technology acts. Nevertheless, it is not easy to detect these violations of law and it is even more difficult to prove them in practice. The Criminal Code contains rather serious sanctions for infringement of copyright (up to 6 years of imprisonment) and considerable punishment for computer-related criminal acts; corresponding additions should still be made to the Administrative Offence Code.
- New draft Telecommunications Law was submitted to the Cabinet of Ministers in December 1999 and passed first reading in the Parliament in 2000
- The Law on Authors Rights and Neighbouring Rights has been cancelled and replaced by the new Law on Authors Rights (harmonised with EU directives) adopted in April 2000.
- The Law on Personal Data Protection (harmonised with EU directive 95/46/EC) was adopted in March 2000.
- Law on National Information Systems (responsibilities and competence of government bodies regarding collection and processing public information as well as provision of general access to public information) was submitted to the Cabinet of Ministers in August 1999. It is still under reconciliation by ministerial experts and officers.
- Draft Government regulation regarding protection of health of employees using computerised workplaces (implemented EU directives 89/391 EEC and 90/270 EEC) has been submitted to the Cabinet of Ministers but is not yet adopted. The draft regulation was expected to be in effect from January 2001.
- Government regulation regarding procedure of retrieval of information from government and municipal institutions has been adopted in August 1999. This regulation aims at implementation of the Information Freedom Law.
- Government regulation regarding retrieval of data from the Population Register has been adopted in March 1999.
- Statements On Electronic Data Base Protection (harmonised with EU directive 96/9/EC) are included in the new Law on Author Rights.
- Government regulations regarding information systems security were adopted on March 2000.
- Government regulations regarding provision of making national integrated information system (megasystem) was adopted in March 2000.
2.1.2. Key legislative measures
Key legislative measures to be implemented are the following:
|
Key measures |
Objective |
Date |
|
Adoption of a new Telecommunications Law |
Liberalisation of telecommunication market |
2001 |
|
Adoption of laws on digital signature, electronic document, e-commerce |
Ensuring of doing business over Internet. |
2001 |
|
Implementation of enforcement mechanisms regarding copyright infringement and other cyber-crimes |
Radical diminishing of intellectual property infringement and cyber-crimes |
2001 |
2.1.3. Issues
Liberalisation:
|
|
Liberalisation status (see examples below) |
Comments (Number of operators and licences, name of major operators, types of licences, etc.) |
|
Infrastructures |
|
|
|
Public telecommunication network |
Monopoly |
Lattelekom (Telecommunications Law) |
|
Local networks for voice telephony |
Monopoly |
Lattelekom (Telecommunications Law) |
|
Leased lines |
Monopoly |
Lattelekom (Telecommunications Law) |
|
Alternative infrastructure (Highway, railways, electricity utilities …) |
Not permitted to provide public services |
Latvian Railway, State Radio & TV Centre, Latvenergo, etc. |
|
Broadcasting and cable TV |
Fully liberalised market |
Up to 200 radio, TV and cable TV providers, mostly small local ones. |
|
Voice telephony |
|
|
|
Local communication |
Monopoly |
Lattelekom (Telecommunications Law) |
|
Domestic long-distance |
Monopoly |
Lattelekom (Telecommunications Law) |
|
International communication |
Monopoly |
Lattelekom (Telecommunications Law) |
|
Provision of voice services to closed user groups |
Monopoly |
Lattelekom (Telecommunications Law) |
|
Mobile communication |
|
|
|
Analogue |
Monopoly |
LMT |
|
GSM digital |
Partially liberalised market |
LMT and Baltcom GSM |
|
DCS 1800 digital |
Partially liberalised market |
LMT and Baltcom GSM |
|
Paging |
Open market |
Two operators (Info, Baltcom) |
|
Satellite communications |
Partially liberalised market |
Lattelekom (Eutelsat), 20 licences granted |
|
Data transmissions |
Fully liberalised market |
TCP/IP and X.25 services |
|
Value Added Services |
Fully liberalised market |
Up to 50-60 private companies |
|
Internet services provision |
Fully liberalised market |
41 ISP |
|
Equipment provision |
Fully liberalised market |
More than 100 private companies |
2.1.4. New laws/measures under preparation
2.2. Umbrella Policies and national IS strategy
The National Programme "Informatics" is a complex target program for the time period 1999 - 2005, consisting of 13 subprograms. See http://www2.acadlib.lv/grey/informatikauntelekomunikacijas.htm
Several concepts have been elaborated in 2000 that details separate sections and subprograms of the National Programme "Informatics":
2.3. IS Application Areas
Considering the general living standard in Latvia the situation in the field of application of information technology is relatively good. There are about 120,000 frequent Internet users, and all Latvian schools will have computer laboratory with Internet access by 2001. Although there are no official statistics on home PCs, it is interesting to mention a recent poll of first grade computer science students at the University of Latvia – 48% of them have PC at home.
Most popular application area is Internet-banking, also public administration is well equipped with IT, although compared with banks, electronic services are less offered and there is much potential for developing IT-based services in public administration.
2.4. Government and administration (national, regional, local)
Qualitative reorganisation and integration of the National Information Systems has started under the framework of the National Programme "Informatics" for radical enhancement of information quality and formation of a user-friendly access.
With this conception, it is emphasised that the priority for the country is to organise its main objects registration. This will come before other systems elaboration: private persons (population), legal persons (enterprises, establishments, organisations), real estate (land, buildings, owners) and movable property (transport vehicles, owners), as well as state finances (taxes).
The following registers follow these principles:
Presently, 30 branch information systems are in operation, e.g. Forest Inventory database, Legal Acts IS, Integrated Data Processing System of Residential Buildings, Environment Data IS, etc.).
Because of the necessity of close interoperability between different information systems, a mega system will soon be established, using common data fields as well as unified user’s interface, access principles and authorisation procedures. The use of this mega system will avoid duplication of records and coincidence of records in documents and databases as well as it will provide united and user-friendly access to information.
The unified, so-called "megasystem" will be spread to all regional and rural administrative centres and to number of cities, border checkpoints, ports, etc, to all interested institutions. It will allow moving basic data entry and usage procedures to places where information is originated or used and to provide direct on-line access to information for everyone who has the proper authorisation. All end-systems irrespective of their functions or ownership – various IS, users of information, remote data entry and access points will be joined by means of the high speed Government Data Communications Network.
In order to implement all plans and to achieve the aforementioned goals on both state and municipal levels, elaboration and implementation of information systems for local authorities have been started on a qualitative new advanced level and connected to the megasystem in order to
2.5.Telecommunications and Internet
2.5.1. General telecom policy
The Latvian Government is currently restructuring the telecommunications sector to better meet the needs of national economic and social development in an increasingly information-intensive regional and global economy. The government also strives to harmonise the telecommunications sector and align it with EU requirements, principles and practices. The reform of telecommunications sector and its realisation is declared and determined in the new telecommunications sector policy for Latvia, that was approved by the Cabinet of Ministers in 1998.
The policy envisages:
- opening the telecommunications market to new providers and competition;
- establishing a National Regulatory Authority independent from the government and the operators;
- privatising the state ownership interests in Lattelekom.
In realising the telecommunications sector policy, it is vital that there is a sound climate for investment and business activity. Improved legislation and regulations, and development of an open and stable regulatory environment will fulfill this. Opening the provision of all networks and services to competition progressively will perform liberalisation of the telecommunications sector. The government will define the date when the telecommunications sector will be open to competition.
2.5.2. Public telecommunication operators
In order to improve the telecommunications services radically an international call for tender was organised in 1993. The international consortium TILTS Communications won the tender. The consortium consisted of Cable & Wireless (UK, 73%) and Telecom Finland (Finland, 27%). In 1995 International Finance Corporation (World Bank) purchased a 10% share in TILTS Communications from Cable & Wireless. In 1998 Sonera (formerly Telecom Finland) purchased shares of the Cable & Wireless. Public telecommunications operator Lattelekom was founded in 1994 by TILTS Communications (49%) and government of Latvia (51%); its basic capital is USD 282 M.
2.5.3. Licensing
The Umbrella Agreement gives Lattelekom the exclusive licence right to provide public voice telephony and public network infrastructure to the fixed lines for 20 years (until 2013). A state institution can create a specialised state telecommunications networks without any authorisation but in co-ordination with the Ministry of Transport (see article 15).
Telecommunications services can be provided on private telecommunications networks without any authorisation but only for own needs and without any transmission to Lattelekom network or from any foreign telecommunications network (article 13 & 18).
Under article 16 of the Telecommunications Law, an individual licence from the Ministry of Transport is needed for the establishment of a public mobile radio telecommunications network. Two GSM licences are already accorded as of today. However it is most probable that the 3rd GSM licence will not be given in the foreseeable future. As for satellite communications, an individual licence is required.
Legal entities may provide value-added services by using Lattelekom’s basic telecommunications services (see under article 14 of the Telecommunications Law, enhanced telecommunications services). As for the other telecommunications services, they can be offered without a licence from the Ministry of Transport, under a regime of general authorisation.
2.5.4. Universal Service
Article 7 of the Telecommunications Law state that Lattelekom is obliged to develop the public network as to guarantee the provision of quality basic telecommunications services.
Lattelekom is also obliged to ensure accessibility of these services to all residents and also the right for users of telecommunications services to connect to the public network on a non-discriminatory basis.
2.5.5. Tariff policies
The Telecommunications Tariff Council is an independent body composed of seven experts appointed by the Government. The Council sets tariffs and rates for basic telecommunications services, review complaints from users and submit recommendations to Lattelekom on the application of tariffs for basis services. As provided by article 11(3) of the Telecommunications Law, tariffs for basic telecommunications services will be rebalanced according to cost-orientation. Expressed in net-costs, with consideration taken to level of income etc, the Latvian telecommunications tariffs are two to three times higher than elsewhere in Europe.
Under article 16, interconnection conditions, including tariffs, have to be the same for all operators of public mobile radio telecommunications network.
2.5.6. Quality of Service
Network operators have the duty to ensure that telecommunications users’ rights are protected in accordance with the 1992 law On the Protection of Consumer Rights. They are responsible for ensuring the quality of services in accordance with the standards, technical regulations and stipulations in the contracts for the provision of services.
2.5.7. Interconnection
Under article 16 of the Telecommunications Law, the conditions that shall be observed by a public mobile radio telecommunications network when interconnecting to the public telecommunications network shall be set by Lattelekom. Under article 15 (2) it is stated that Lattelekom is also responsible for observation of the requirements for the implementation between the specialised state telecommunications networks and the public telecommunications network. Interconnection prices are not made publicly available. The Department of Communications of the Ministry of Transport should supervise the interconnection process.
2.5.8. On going developments in telecommunications liberalisation
The Government’s working group is dealing with the privatisation of the state segment of shares in Lattelekom. The group was set up through a decision taken by the Cabinet of Ministers. The Minister of Finance is nominated as a chairman. The working group’s terms of reference cover:
- negotiations between Privatisation Agency and the Lattelekom foreign investor Sonera Ltd on the alteration of Umbrella Agreement;
- compensation for the reduction in the term during which Lattelekom enjoys monopoly rights;
- terms for privatisation of the state share in Lattelekom;
- transformation of Lattelekom into a public stock company, floating for public purchase the state segment of shares.
2.6. Electronic commerce
The Prime Minister’s decision of 5th of May 2000 decides that an extra group on making conception of electronic commerce shall be organised. The state secretary of Ministry of Economics is in charge and the group shall analyse and motivate a need of planning electronic commerce legislation until May 2001.
2.7. Education and research
A certain progress has been achieved in solving various issues of implementation of information technologies in the field of education by the project Latvian Education Information System. The project was, on a tender basis, assigned to the University of Latvia.
Priority within the implementation of the project is given to the methodological tasks, development of study materials and teacher training programmes. This supports efficient use of hardware and software and the invested financial resources. Development of infrastructure should not be treated as an end in itself; it should be provided an immediate return - modernisation of the process of education, possibilities for all members of society to receive a sufficient computer literacy.
Implementation of information technologies in the educational system is performed consistently. First stage of implementation of the administration information software is already accomplished. Main databases administration and scientific and methodological structures for the information system have been developed. In 1998, the developed products were gradually being introduced in other institutions. New products were being developed depending on the available funding including those being developed for distribution via CD-ROM technology: CD-ROM library, CD-ROM study books, CD-ROM Plus-1 (information technology), Plus-2 (Internet), Plus-3 (Physics & History) which are educational tools with courses and tests. Finally, one could mention the CD-ROM for teaching history at schools developed by the private company Tilde. It uses the multimedia opportunities presenting historical facts and events.
Latvian Information Technology and Telecommunications Association, a professional non-government non-profit organisation, together with major software production companies DATI and SWH-Technology has developed a 20 year long vision for Latvia (as well as Estonia and Lithuania) to become a world-known centre of software service competence. The vision is becoming a fundament for state-wide project comprising major changes in IT&T education and training, and other government-supported actions. See
http://www2.acadlib.lv/greydoc/BalticDBIS2000preprint/noindex/BalticDBIS2000preprint.zipA concerted action started November 1999 to establish a system of higher vocational IT&T education in Latvia aiming to increase the annual output of IT engineers up to 6 times.
2.8. Transport
Several projects have recently been launched, the most successful one is the creation of the vessel traffic information system realised by the Maritime Administration of Latvia. Security of navigation, sailing directions, movement the vessels in ports, documentation of the vessels, hazardous freight are the basic data objects of the IS.
The concept on development of the integrated transport information system has been elaborated. The action plan to the concept contains in addition to the development of separate projects:
Creation of the integrated transport information system will develop various transport services; multi-modal and international approach will promote development of transit freight operations that are vital for the national economy of Latvia.
2.9. Health-care
The Latvian Centre of Health Statistics, Informatics and Medical Technology has developed healthcare information systems. Medical statistics, hospitals, registers of physicians, patients and diseases, health insurance are the components of the integrated system. Introduction of International Statistical Classification of Diseases and Related Health Problems (version ICD-10) will provide achievement of full compatibility with World Health Organisation IS (WHOSIS).
Drugs and drug addiction are the subjects of the Drug Information System developed by the Drug Abuse Prevention and Healthcare Centre. Activities to come are connected with further development of the Drug Information System, preparation of full future connection with the European Monitoring Centre on Drug and Drug Addiction (EMCDDA) and convergence to European drug monitoring system REITOX.
2.10. Labour
No significant changes from information society's point of view (e.g. development of employees' IT related skills) took place.
However, a draft of government regulations regarding ergonomic computerised workplaces has been passed to the Government in 2000 (implemented EU directives 89/391 EEC and 90/270 EEC).
2.11. Competition
Public procurement, that value over LVL 5000 (approximately EUR 8000), is based only on open competition.
2.12. Access for all
The National Programme "Informatics" establishes a concept of "universal information service" as a minimum of information service guaranteed for everybody for socially acceptable price. The UIS includes access to public registers and delivery of documents and templates of official documents to be filled in, library directories, information of municipalities, certain services provided over Internet, etc.
On-going national projects (financed from state investment budget and budgets of local governments) "Latvian Education Informatisation System" , "Latvian National Library Information System", and "Latvian Local Governments Information System" expects provision of computers and Internet access for every school, for every library, and for every local government by 2001.
There is a need for certain minimal computer usage skills to enable everybody to use UIS. Latvian Information Technology and Telecommunications Association (LITTA) has started a project to implement the ECDL (European Computer Driver Licence) curriculum, training and certification by 2001.
2.13. Copyright, intellectual property rights
2.14. Public access to data
The Law on Publicity of Information has been in effect since October 1998. The Law requires information of Government bodies and local governments to be freely accessible unless it is forbidden by some other law, e.g. the law On National Secret that is limiting the general access to confidential information.
2.15. Privacy, data protection, consumer protection
2.16. Security
Government regulations regarding information systems security were adopted in March 2000.
2.17. Freedom of expression and information as far as the distribution via electronic networks is concerned
Freedom of expression is granted by the Satversme (Constitution of Latvia). Currently, electronic communication over Internet is absolutely free and unregulated.
3. Institutions and organisations in charge of IS regulation
3.1. Ministries
3.2. National regulatory authorities
A Law on National Regulatory Authority was decided in October, 2000, and will be effected in 2001.
3.2.1. Telecommunication tariffs
The current telecommunication tariff policy is fixed in the General Agreement between Latvian Government, TILTS Communications and Lattelekom. Presently, the independent Telecommunications Tariff Council of Latvia fixes customer’s payments for services. Tariffs are changed regularly in accordance with current inflation in Latvia; today’s tariffs are valid from 1st June 1999. Several imbalances in tariff system still exist. Examples of such imbalances are regular subscription charge vs. time charge, local tariffs vs. international and long-distance tariffs and tariffs for analogue customers vs. digital lines.
3.2.2. Mobile communication
Tariffs for mobile communications (including paging) and data transmission services are determined by the market, i.e. they are set by providers.
3.2.3. Quality of communication
The Telecommunications Tariffs Council controls the quality of telecommunications services. Criterions of quality and methods of estimation of services are worked out on the basis of recommendations of the ITU-T.
3.2.4. State Telecommunications Inspectorate
State Telecommunications Inspectorate (under the framework of Department of Communications) is responsible for management of the radiofrequency spectrum. The current Latvian national frequency table is drawn up in compliance with international ITU-R Radio Regulation for frequencies from 9 kHz up to 400 GHz. Currently there are over 500 000 radio stations in Latvia - in the terrestrial fixed and mobile radio service, radiophony and television, satellite, amateurs.
3.2.5. On going changes in the institutional structures
Independent Data Inspection under auspices of Ministry of Justice (to be in charge of Personal Data Protection) regarding the Law on Personal Data Protection was operational by January 1st, 2000.
3.3. Office for the protection of economic competition
The Council of Competition controls the fulfillment of requirements of competition legislation, which is under supervision of the Ministry of Economy.
3.4. Consultative councils
The Co-ordination Board of the national programme "Informatics" is one of the most important actors for the implementation of the IS in Latvia. The task of the board is to ensure implementation of the Programme in accordance with the defined and approved priorities.
The priorities include discussing and approval of branch information technology concepts and strategies, assessment of bills and investment projects, the international co-operation programmes, and co-ordination of individual projects. The "Informatics" programme also includes plans for deregulation and privatisation of the telecom sector.
Boards of Informatics have been organised in all ministries. Their task is to deal with informatics issues, representing the interests of their ministry and branch. These tasks include e.g. co-ordination and supervision of informatics issues in the corresponding ministry, development of informatics concepts for their branch, development of computer networks at the ministries and institutions under their supervision and preparation of the priority project investment programmes of the branch. Performing gradual information of state administration in all levels, it is envisaged to form Informatics Boards also in local governments. Their task is to investigate and solve the informatics problems in their regions.
The Informatics Council within the Prime Minister’s office was established in 2000. The task of the office is to coordinate Information Society issues.
3.5. Bodies in charge of RTD policy
Independent Latvian Science Council is a body in charge of distributing state budget spending via grants to researchers.
3.6. Organisations in charge of the promotion of the IS
Ministry of Transport is the government body responsible for IS at large. The most respected non-government professional association promoting IS is LITTA – Latvian Information Technology and Telecommunication Association (
http://www.litta.lv). The others that are active – Latvian Telecommunications Association (LTA), Latvian Association for Computer Technology (LDTA), Latvian Electrotechnical and Electronics Industries Association (LETERA), and Latvian Internet Association (LIA).4. International relationships and agreements
The Latvian government has joined the Bern Convention, World Trade Organisation and signed the TRIPS Agreement in 1998. Latvia is also planning to join a number of other international institutions. Some important agreements that have been concluded for instance are the Law on "Worldwide Intellectual Property Organisation (WIPO) the agreement of Author Rights" and the Law on "Worldwide intellectual property organisation (WIPO) agreement of performance and phonograms" both adopted on February 2000.
However, there are still some agreements waiting for adoption (e.g., the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data). All these agreements will have a serious impact on the IT&T sector and Latvia need to establish new laws and regulations in concert with the aforementioned agreements and to make the necessary amendments to existing laws.
5. Market: Privatisation, foreign investment, mergers, acquisitions, call for tenders
The exclusive right of Lattelecom comprise international calls, within the state and local calls, in cities and in the countryside. To liberalise telecommunications networks and services in Latvia, a governmental commission has been established for discussions with TILTS Communications (owner Sonera).
In order to improve the telecommunications services radically an international call for tender was organised in 1993.
The diagram below provides information of shareholders of all public telecommunications operators and the percentage owned.

The year 2000 was a landmark for beginning of mergers and acquisitions in IT&T field in Latvia. To mention only most significant ones:
6. Standards
6.1. Standardisation bodies dealing with IS issues
ITSTK (Information Technology Standardisation Technical Committee) – a body within state-owned limited liability company "Latvijas Standarts" consisting of 17 IT&T professionals is in charge of IT&T standardisation issues.
6.2. Relevant standards
ITSTK has decided to recommend application of international standards (e.g., ISO, IEC, ITU, IEEE) in Latvia without translation and adoption. In particular cases, cover-page-translation-and-adoption method or, exceptionally, full translation are used. ITSTK is primarily concerned of the development of standards of local importance, e.g, "Latvian code-pages", "Latvian ergonomic keyboard", "Latvian language usage related to computers". The Terminology Commission of Latvian Academy of Sciences is developing the standard of Latvian terminology.
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