LATVIA

The Digitalisation of the Public Administration

Anastasija Kaplane and Aleksandrs Potaičuks

The authors would like to express their gratitude to Mr. Gatis Ozols, Deputy State Secretary on Digital Transformation Affairs, for consultations during the research and writing process.

Abstract

In the present chapter, the authors provide an overview and analysis of the digitalisation of the Latvian administrative sector.

Section 1 sets the background, describing the structure of the Latvian administrative sector, domestic legislation regulating the Latvian administration and the digital tools that have been implemented in its operation: the national portal of state administration services www.latvija.lv, digital post for communication between individuals and authorities, virtual assistants (chatbots) and various national databases. Further, the section outlines the plans for future digitalisation.

Section 2 examines the challenges posed to the enjoyment of fundamental rights by these developments. To do that, the authors analyse the national practice: three judgments of the Constitutional Court of Latvia, six opinions of the Ombudsman and one judgment of the European Court of Human Rights in the case against Latvia. Preliminary conclusions are that, while digitalisation as such pursues legitimate aims, the proportionality test must be performed more carefully.

Section 3 answers the question of whether the current legal framework supports digitalisation by looking into the Cabinet of Ministers Regulations Regarding the Public Administration E-services and the national Digital Transformation Guidelines 2021–2027 as documents fostering digitalisation and then at the Latvian Administrative Procedure Act as an example of technology-neutral law.

In section 4, the authors take a look at the proposed European Union Regulation on Artificial Intelligence and identify three perspectives on how it could supplement national administrative law: by ensuring a new level of protection for businesses and individuals, accelerating existing public services and establishing a novel administrative legislative framework for the use of AI.

In section 5, the authors conclude with three suggestions: harmonisation of the digitalisation in the Nordic-Baltic region to minimise fragmentation, introducing a more elaborate impact assessment in the context of fundamental rights protection and – finally – changing the paradigm by looking at digitalisation as an inherent part of any reform in public administration.

1. Latvian administrative sector

The following section provides a brief overview of Latvian administrative law as well as digitalisation implemented in the administrative sector. First, in subsection 1.1. the Act on State Administration Structure, the Act on Local Municipalities and the Administrative Procedure Law is introduced. Next, subsection 1.2. presents the implemented digitalisation measures prioritised by Latvia. This subsection presents both legislative measures as well as the practical performance thereof. And finally, in section 1.3. authors briefly reflect on the future digitalisation plans of Latvia as stipulated by the “Digital Transformation Guidelines for the term of 2021–2027” adopted by the Cabinet of Ministers, that is the government of the state and the highest executive body of the country in all policy areas.

1.1 Overview

The legal framework or so-called backbone of the Latvian administrative sector is generally formed by the Act on State Administration Structure

Act on State Administration Structure. Available at: https://likumi.lv/ta/en/en/id/63545-state-administration-structure-law, last accessed 27.08.2023

adopted in 2002 and the Act on Local Municipalities

Act on Local Municipalities. Available at: https://likumi.lv/ta/id/336956-pasvaldibu-likums (in Latvian), last accessed 27.08.2023

recently readopted in 2022. The Act on State Administration Structure sets out general principles for public administration; the institutional system of direct and indirect administration; the hierarchical order of state administration; the delegation of specific administrative powers; the participation of civil society in state administration; cooperation within state administration; the review of administrative decisions and liability thereof; the administrative contracts; the activities of administrative bodies in the sphere of private law as well as the liability of officials, property of administrative bodies, audit and public reports. Further, the backbone is completed by the Act on Local Municipalities that provides a legal framework for the local administration in Latvia, among others setting autonomous and delegated competencies of local municipalities; the institutional system thereof; the governance by local councils; supervision of municipalities; administration of property and the relationship between local municipalities and the Cabinet of Ministers.

In relation to this interaction between central and municipal governance, it is worth mentioning actualities in court case law. Namely, in Latvia, like in many other European countries, there are certain administrative tensions between local municipalities and central government. However, Latvia is unique in the Nord-Baltic (NB8) region in the sense that it provides a legal framework for councils of local municipalities to resolve such disputes with legislators in a public forum – the Constitutional Court.

Constitutional Court Law, Article 17 (1). Available at: https://likumi.lv/ta/en/en/id/63354-constitutional-court-law, last accessed 27.08.2023

As a result, it is common that vivid constitutional disputes on democracy questions take place in the court hearings and it imminently attracts not only the attention of legal scientists but helps to evolve administrative law science in Latvia.

In one of the recent cases, local municipalities contested the law on territorial reform adopted by the parliament in remote settings during the COVID-19 crisis. Municipalities claimed that the remote work of the parliament and thus the adoption of the contested provisions were contrary to Article 15 of the Constitution of the Republic of Latvia

Constitution of the Republic of Latvia, Article 15. Available at: https://likumi.lv/ta/en/en/id/57980-the-constitution-of-the-republic-of-latvia, last accessed 27.08.2023

that envisages parliament to hold its sessions in Riga City, but the remote work of members of the parliament who were spread across the country, according to the litigating municipalities, did not satisfy the respective provision of the Constitution. This high-profile case provided an opportunity for the judges of the Constitutional Court to express themselves on the electronic work of the parliament and the quality of legislative procedure.

Case No 2020-37-0106 of the Constitutional Court of Latvia. Available at: https://www.satv.tiesa.gov.lv/web/viewer.html?file=https://www.satv.tiesa.gov.lv/wp-content/uploads/2020/07/2020-37-0106_Spriedums_EN.pdf#search=2020-37-0106, last accessed 27.08.2023

Besides the Act on State Administration Structure and the Act on Local Municipalities, there are a vast number of sectoral regulations of different hierarchical ranks creating a genuine muscular system of the Latvian administrative sector. The mentioned regulations cover different public sectors and include, for example, tax laws, construction laws, antitrust laws, access to public information laws, social security laws, laws regarding recruiting and promotion of public officials, disciplinary proceedings against public officials, prosecutors, attorneys, judges, as well as educational rights, migration and citizenship laws, food and drug safety laws, environmental laws, etc. Typically, this area of law these days in Latvia is strongly influenced by the European Union legislation or already qualifies as the European Union law de facto if the regulatory area is based on directly applicable EU regulations.

Finally, the state administrative structure is completed by Administrative Procedure Law

Latvian Administrative Procedure Law. Available at: https://likumi.lv/ta/en/en/id/55567-administrative-procedure-law, last accessed 27.08.2023.

which operates and implements the above-mentioned regulatory framework and thus forms a sort of circulatory system of the regulation of the Latvian administrative sector. Administrative Procedure Law is the most fundamental procedural law when dealing with administrative cases by public servants and employees and is taught in depth to all law students in Latvia. The Administrative Procedure Law was adopted in 2001 (entered into force in 2024) and consists of two major unified procedural law sections, where the first one (Part A and B) sets administrative procedures when a citizen interacts with the state at an institutional level (either at first level institution or higher institution that reviews the decision of the first one) and the second one (Part C) sets administrative court procedure when individual adjudicates his case at administrative court (either first level administrative court, court of appeal or the Department of Administrative Cases within the Supreme Court of Latvia). Part A and B of the Latvian Administrative Procedure Law, and particularly the notion of ‘administrative act’, was built around the German administrative procedure apparent at that time, however, Part C on the rules for court procedures were built around Latvian Civil Procedure Law.

Ievads administratīvā procesa tiesībās (Introduction to Administrative Procedure Law) / Briede, Jautrīte; Danovski, Edvīns; Kovaļevska, Anita. Administratīvā procesa tiesības. Mācību grāmata. Rīga: TNA, 2023. p. 27.

Thus, even these days civil and administrative judges can reference each other’s case-law in judicially-procedural matters insofar as the respective procedures are related and are not contradictory.

Even though the national administrative law was formed in a way that it could comprehensively regulate different decisions of governmental institutions, covering different domains and aspects of governance, these days the pressing needs of society and rapidly developing digital technologies are affecting the very core of administrative law and procedure.

1.2 Implemented digitalisation

Further on, the authors will reflect on the implemented digitalisation as well as plans for future digitalisation in the Latvian administrative sector. This includes a presentation of the general legal framework for digitalisation in state administration (subsection 1.2.1.), a few examples of digitalisation measures, such as a national portal of state administration services, electronic communication with national authorities (digital post), virtual assistants in state administration (chatbots) and composite and interlinked information management databases (subsection 1.2.2. to 1.2.5.). And finally, subsection 1.3. will conclude this section with a visionary presentation of future digitalisation plans, as stipulated by the “Digital Transformation Guidelines for the term of 2021–2027”.

1.2.1 General framework of digitalisation in state administration

Even though digitalisation processes occur naturally, reflection thereof into the law often takes place at a much later stage.

Up to date, digitalisation is not explicitly mentioned in the Latvian Constitution, however, the most fundamental reflection of digitalisation in the law is seen in the most important law of the Latvian administrative sector – State Administration Structure Law, particularly Article 99 (previously referred as the backbone of Latvian administrative sector). Article 99 ‘Electronisation of State Administration Services’ states that ‘State administration shall arrange the provision of services electronically, where possible and feasible.’ Additionally, part 2 of the mentioned article states that ‘the procedures for the performance of electronisation of State administration services and ensuring of e-service accessibility shall be determined by the Cabinet of Ministers.’ Thus, this article establishes a principle of general administrative law that authorizes and encourages state administrative institutions to act electronically where possible and feasible.

This provision was adopted in early 2016 and reflected the first attempt to mention digitalisation in the State Administration Structure Law. The travaux préparatoires of this article, however, stressed that the electronisation of state administration services does not prejudice the rights of the public to contact the administration in any other way unless otherwise stipulated by the law. Thus, the legislator was precautious with the attempt to fully digitalise the state administration services in order not to encounter strongly expressed objections from different groups of society and to ensure proportionality.

As for Administrative Procedure Law that establishes general framework rules for deciding any individual administrative case, there are no precise rules for deciding administrative cases electronically at an institutional level, however, there are explicit rules for deciding administrative cases electronically at a court level. That is, Article 112.2 ‘Basic rules for electronic case’ envisages that administrative courts shall process administrative cases electronically (e-case) within the Court Information System whereby the court prepares, uploads and stores files of the case (Part 1). Decisions of a court or a judge shall be signed with a secure electronic signature (Part 3). If the document initially was prepared in written form, it shall be converted into electronic form (Part 4).

Even though there are no equal framework rules for deciding administrative cases electronically at an institutional level (unlike the court level), administrative institutions nevertheless are not restricted procedurally to process their cases electronically if possible and feasible. For comparative purposes, it is possible to reflect on the Estonian Administrative Procedure Act,

Estonian Administrative Procedure Act. Available at: https://www.riigiteataja.ee/en/eli/527032019002/consolide, last accessed 27.08.2023.

whereby Article 55 (3) explicitly states that an administrative act in writing may be issued in electronic form and the requirements set for written administrative acts apply to electronic administrative acts, taking into account the specifications arising from the electronic form of documents. However, the homologous Article 67 (1) of the Latvian Administrative Procedure Law simply states that an administrative act shall be issued in writing, thus, not excluding the electronic form (this is considered to be technology-neutral language). In practice, it is very common that electronic administrative acts are adopted and sent to the individuals if the last one has agreed to communicate electronically with the respective state institution. Latvian Law on Notificationsets clear procedures regarding the delivery of such electronic documents and administrative acts.

Law on Notification, Article 9. Available at: https://likumi.lv/ta/en/en/id/212499-law-on-notification, last accessed 27.08.2023.

At the current stage of digitalisation and development of Latvian administrative law, it is not possible neither to trace all the domains and aspects of governance being digitalised nor to describe it fully. This relates to the fact that digitalisation as well as legal development is fragmented and constantly under construction and change. Therefore, for the purpose of this article, authors will reflect only on the following aspects of digitalisation of administrative law: national portal of state administration e-services; communication electronically with the national authorities; virtual assistants (chatbots) in state administration; composite and interlinked state information systems (databases). The extent and way in which the current legal framework supports digitalisation in Latvia will be analysed further in the next section of this article.

1.2.2 National portal of state administration services

Article 100 of the State Administration Structure Law establishes a centralised portal of state administration services and a catalogue of services. The portal is a website that ensures accessibility to state administration services and information related thereto in one place for citizens and state administration, access to e-services and electronic communication between private individuals and state administration. The website address of the portal of State Administration Services is www.latvija.lv.

Law on State Administration Structure, Article 100 (1) and (2).

This website provides popular online administrative services such as grant of sickness allowance (allowance paid to the worker or self-employed for the period during which the person cannot work), declaration of residence (mandatory obligation for Latvian residents that permits them to receive information from national and local authorities as well as to administer taxes), paying immovable property tax, requesting national authorities to issue different certificates or statements, registration in the register of enterprises registers, sign-up on voter initiatives, requesting information about the estimated amount of an old-age pension, application for maintenance allowance, unemployment allowance, childbirth allowance, maternity allowance, paternity allowance, etc. Statistically in Latvia, 83% of total Internet users use national administration e-services (that is well above the European Union average of 67%).

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

Public administration e-services are comprehensively regulated by the Regulation of the Cabinet of Ministers No. 402

Regulations Regarding the Public Administration E-services, Regulation of the Cabinet of Ministers No 402, 4 July 2017. Available at: https://likumi.lv/ta/en/en/id/292261-regulations-regarding-the-public-administration-e-services, last accessed 27.08.2023.

which prescribes the procedures by which public administration services are digitized and made available for the public.

Regulations Regarding the Public Administration E-services, Regulation of the Cabinet of Ministers No 402, 4 July 2017. Article 1. Available at: https://likumi.lv/ta/en/en/id/292261-regulations-regarding-the-public-administration-e-services, last accessed 27.08.2023.

It shall be stressed that the mentioned regulation includes explicit provision for service owners to promote the usage of their e-services in public. Namely, Article 18 of the regulation obliges service owners to develop such terms of service use. This, first, promotes the use of the e-service and, secondly, fulfils at least one of the following objectives:

a shorter time period for the electronic service than in person at the premises of the national authority;
a lower cost for the electronic service than in person at the premises of the national authority;
availability of the service only in electronic form, keeping in-person consultations at the premises of the authority only for the purpose of consulting the use of the e-service;
an identification mechanism (for the use of e-service) that is as accessible and convenient as possible.
Regulations Regarding the Public Administration E-services, Regulation of the Cabinet of Ministers No 402, 4 July 2017. Article 18. Available at: https://likumi.lv/ta/en/en/id/292261-regulations-regarding-the-public-administration-e-services, last accessed 27.08.2023.

Thus, the Regulation of the Cabinet of Ministers No 402 has introduced the administrative principle of promoted use of administration e-services that obliges each service provider to implement digital services in the best interest of society.

The degree of complexity of and automatisation within different e-services varies. Some of the e-services have progressed up to the level that they can even perform registration and determination functions of the state administration. For example, the declaration of residence (registration) at the premises of your local municipality has been replaced with filling out an electronic form and automatic registration in the state information system. However, at the current stage of national administrative court case law, it has not yet been established whether acts of different computer systems and automated decision-making can constitute an administrative act or actual action (or failure to act) of an institution within the meaning of Article 1 (3) and 89 of the Administrative Procedure Law subjected to review by Latvian administrative courts. At the moment, there are new rules proposed in Latvia that would permit the State Tax Administration to adopt fully automated decisions within its Electronic Declaration System, thus punishing taxpayers for not submitting tax declarations or submitting them too late in an automated way.

Amendments in the Law on Administrative Liability. Amendment proposal No. 21-TA-183. Available at: https://tapportals.mk.gov.lv/legal_acts/994eaae5-5c22-459f-9d08-85c95b71e925 (in Latvian), last accessed 22.08.2023.

However, these types of cases in the Latvian legal system are classified as administrative offence cases (similar to car speeding cases) and as such are not considered administrative acts or actual actions.

Increasing the number of such administration e-services provides the opportunity for individual applications to be handled by computer systems and thus relieves state administration officials and employees from purely technical work: there is no more need for technical delivery, acceptance and manual processing of individual paper submissions. Many of such e-services improve not only the customer experience of state administrative services but also allow the state human resources to be targeted to more intellectual work and supervision of the mentioned computer systems.

1.2.3 Electronic communication with national authorities (digital post)

From 2023, companies and foundations registered in Latvia are obliged to use the official electronic address (mandatory email registered for communication, particularly with state institutions). This is imposed by the Official Electronic Address Law that has the purpose of ensuring safe, efficient and high-quality electronic communication and circulation of electronic documents between state institutions, on the one hand, and private individuals, on the other hand.

Law on the Official Electronic Address, Article 2. Available at: https://likumi.lv/ta/en/en/id/283229-law-on-the-official-electronic-address, last accessed 23.08.2023.

At the moment, official electronic addresses are mandatory for state institutions, entities registered in state registers (mostly companies and foundations), reserve soldiers as well as active soldiers and related militants.

Law on the Official Electronic Address, Article 5(1). Available at: https://likumi.lv/ta/en/en/id/283229-law-on-the-official-electronic-address, last accessed 23.08.2023.

However, for natural persons, the usage of official electronic addresses at the moment is optional (opt-in system).

Law on the Official Electronic Address, Article 2. Available at: https://likumi.lv/ta/en/en/id/283229-law-on-the-official-electronic-address, last accessed 23.08.2023, Article 5(2).

This digital post system is intended to be extended to larger groups of people in future.

Once the official electronic address (the digital post) is registered, national authorities are obliged to contact and deliver documents to the addressee via the official electronic address only.

Law on the Official Electronic Address, Article 2. Available at: https://likumi.lv/ta/en/en/id/283229-law-on-the-official-electronic-address, last accessed 23.08.2023, Article 12.

However, historically electronic delivery of documents was not mandatory and thus had the potential to negatively affect businesses dealing with national authorities.

One such negative example is found in national administrative court case law. The applicant – the company producing electric energy – lost the licence to sell energy as a result of, as claimed by the applicant, the failure of the national authority to deliver correspondence to the applicant properly. The applicant claimed that previously the national authority sent all the documents electronically, however, at one point, the authority suddenly changed its practice and sent paper documents via the post (not electronically). As a result, the applicant seemingly failed to receive important documents but was legally presumed to have received the delivery. The applicant contested the national decision to administrative courts, claiming the failure to deliver the correspondence and the breach of the legitimate expectation that all documents would be sent electronically. However, the result in this particular case was negative for the applicant since the Supreme Court found that

‘the national authorities are given discretion by the law to choose the most appropriate form for correspondence unless otherwise stipulated by the law. Thus, authorities are entitled to contact any legal entity both via the post or electronic email (Article 3 (1) 2) and 3) and (2) and Article 4 (2) of the Law on Notification). The legislation indeed permitted authorities to choose the best form of communication in each case individually. Thus, the district court in this particular case concluded correctly that even though the individual preferred one particular form for correspondence with the authority (electronic one), it did not restrict the national authority to choose any other form for delivery of documents if it found it to be more appropriate.’

Decision of the Supreme Court of the Republic of Latvia in the case No. SKA-439/2022 (A420176720).

Such court cases are unlikely to repeat in future since after the introduction of the official electronic address (digital post), the Official Electronic Address Law restricts the discretion of state authorities to choose any other form of delivery instead of electronic form,

Law on the Official Electronic Address, Article 12. Available at: https://likumi.lv/ta/en/en/id/283229-law-on-the-official-electronic-address, last accessed 23.08.2023.

and thus the principle of priority of electronic delivery excludes the breach of legitimate expectation for private individuals.

1.2.4 Virtual assistants in state administration (chatbots)

One of the most interesting introductions in Latvian state administration is virtual assistants (consulting chatbots). At the moment, the most famous and commonly used virtual assistants are Tom (working on the website of the State Tax Administration), Eric (working on the national portal of state administration services www.latvija.lv), the hard-working Zintis (combining employment positions in more than 50 state administration websites), Mona (working in the website of the Central Bank of Latvia), Una (working on the website of the Latvian Register of Enterprises), Nora (working on the website of the State Environmental Service) and Justs (working on several websites managed by the National Court Administration).

At the moment, virtual assistants are mentioned in the Regulation of the Cabinet of Ministers No 445.

Procedures for Publishing Information on the Internet by Institutions, Regulations of the Cabinet of Ministers No. 445, 18 July 2020. Available at: https://likumi.lv/ta/en/en/id/316109-procedures-for-publishing-information-on-the-internet-by-institutions, last accessed 27.08.23.

However, they are not extensively regulated by the law. The regulation states only that virtual assistants are maintained by the Cultural Information Systems Center (Article 51) and that virtual assistants receive the information necessary for their operations via the open data portal (Article 54).

The primary role of these virtual assistants is to consult citizens in the most frequently addressed questions to state administration employees.

‘Virtuālie asistenti valsts pārvaldē – Eiropas pirmrindnieki ar raksturu’ (‘Virtual assistants in public administration - European pioneers with character’). 13 October 2022. Available: https://mana.latvija.lv/virtualie-asistenti-valsts-parvalde-eiropas-pirmrindnieki-ar-raksturu/, last accessed 16.08.23.

Unlike search engines, virtual assistants are trained to recognise colloquial language and not only specific phrases that are typical for general search engines.

The government benefits from such virtual assistants as they improve good governance in several ways: they reduce human consultancy work; they are capable of working 24 hours a day; they are trained to work in English as well as Latvian and thus have the potential to improve access to Latvian state administration to foreigners who visit Latvia for work and tourism purposes; and in the future, they will be trained for voice interactions to assist people who are blind, visually impaired or not are capable of writing.

Usually, one virtual assistant is managed by 3 trainers, but the most advanced Latvian virtual assistant, Zintis, is managed by more than 120 trainers.

Zintis, unlike other virtual assistants, is capable of appearing on multiple websites and thus being able to consult in matters within the competence of different state authorities.

At the moment, Latvia is claimed to be the leading member state of the European Union in using virtual assistants in state administration

and is constantly seeking new and innovative solutions for improving accessibility of state administration.

It is worth mentioning that state authorities perceive their virtual assistants as ordinary employees and use them for marketing and guidance purposes.

‘Valsts pārvaldē virtuālo asistentu loma pieaug: tos ik dienas izmanto ap 2000 iedzīvotāju’ (‘The role of virtual assistants in the state administration is growing: they are used by around 2,000 citizens every day’). 21 December 2020. Available: https://lvportals.lv/dienaskartiba/323165-valsts-parvalde-virtualo-asistentu-loma-pieaug-tos-ik-dienas-izmanto-ap-2000-iedzivotaju-2020, last accessed 16.08.23.

For example, virtual assistant Tom is found everywhere on the State Tax Administration’s premises (on billboards and self-service computer systems), but Una working in the Latvian Register of Enterprises always joins her human colleagues for different marketing events outside the premises of Latvian Register of Enterprises, appearing in presentations and billboards.

1.2.5 Composite and interlinked information management databases

The impact of digitalisation on administrative law is also closely related to composite and interlinked information management systems between various authorities, especially information management databases. Such information systems exist not only at the European Union level, including the Internal Market Information System, the Schengen Information System, the Visa Information System and the European Asylum Dactyloscopy Database, but also at the national level.

However, electronic systems raise several legal questions in relation to administrative decision-making processes, such as who is liable for damage caused by malfunctioning of those state-administered databases and false information entered into databases; is there an obligation to scrutinise the information obtained from these databases and what are the safeguards, including personal data protection, etc. These questions are partially addressed in the ReNEUAL Model Rules on European Union Administrative Procedure contained in Book VI draft rules on inter-administrative information management.

ReNEUAL model rules on EU administrative procedure / Hofmann, Herwig CH; Schneider, Jens-Peter; Ziller, Jacques; et al., eds. Research Network on EU Administrative Law (ReNEUAL), 2014.

In Latvia, a special Act on State Information Systems

Law on State Information Systems. Available at: https://likumi.lv/ta/en/en/id/62324-law-on-state-information-systems, last accessed 27.08.23.

has been adopted. This act:

determines unified procedures by which information systems are established, registered, maintained, used, reorganised or liquidated;
determines the functions of the controller of the information system and the rights and duties of the information system data subject;
governs the security management of information systems;
lays down the requirements to be conformed to for the protection of the information systems' integrator and the information systems being part of an integrated information system;
regulates the procedures by which the circulation of information is ensured with the assistance of an information systems integrator.
Law on the Register of Natural Persons, Article 4. Available at: https://likumi.lv/ta/en/en/id/296185-law-on-the-register-of-natural-persons, last accessed 16.08.23.

The total number of national information systems varies, however, according to the national register there are more than 100 different state information systems in Latvia. The most commonly known is the Register of Natural Persons which includes information regarding different civil statuses; residence permits issued to foreigners, asylum seeker’s status etc.

Law on the Register of Natural Persons, Article 2 (2). Available at: https://likumi.lv/ta/en/en/id/296185-law-on-the-register-of-natural-persons, last accessed 16.08.23.

The law obliges several entities such as the Migration Office, local municipalities, courts, sworn notaries, the Enterprise Register and the State Revenue Service to provide the information to the register. Providers of information are responsible for the timely and correct provision of information to the Migration Office.

Law on the Register of Natural Persons, Article 15. Available at: https://likumi.lv/ta/en/en/id/296185-law-on-the-register-of-natural-persons, last accessed 16.08.23.

Court information system includes information on different types of court cases and files, statistics, case law etc. that are available not only to judges and court staff, but state institutions and municipalities as well if it is necessary to perform their duties.

Rules of the court information system, Regulation of the Cabinet of Ministers No. 618 of 20 September 2016, Article 18. Available at: https://likumi.lv/ta/id/284905-tiesu-informativas-sistemas-noteikumi (in Latvian), last accessed 16.08.23.

The Criminal Convictions and Offenses Register (nationally called the “Punishment Register”) was created to establish uniform record-keeping regarding persons who have committed criminal offences and administrative violations in order to facilitate the prevention and disclosure of such offences and violations, as well as regarding control of execution of the punishment imposed on a person.

Punishment Register Law, Article 1. Available at: https://likumi.lv/ta/en/en/id/261384-punishment-register-law, last accessed 16.08.23.

There is also the Tax Information System, the Credit Register, the State Unified Computerised Land Register and many other electronic information databases in Latvia.

National administrative courts have pronounced several judgments on such information exchange between different state authorities. For example, in one case the administrative court has, inter alia, mentioned that the increasing access to information technologies and the quality, efficiency and speed of data exchange has allowed ever faster and better exchange of information between state authorities (in the particular case, between the Enterprise Register and the State Tax Authority), thus enabling them to assess better the information available and to take decisions which are in the best interest of the state.

Judgment of the Administrative District Court of 17 July 2019, Case No. A420227218, para. 10.2 (Judgment upheld by the Court of Appeal).

Such exchange of information between state authorities is to be considered neither an administrative act nor an action within the meaning of Article 1 (3) and 89 of the Administrative Procedure Law. It is a simple operation between state institutions that per se cannot be contested by administrative courts.

Judgment of the Supreme Court of 30 November 2016, case No. SKA-1572/2016, Judgment of the Supreme Court 17 August 2016, case No. A420180016, Judgment of the Supreme Court of 29 July 2016, case No. 680024916.

When information is shared on an information system and subsequently used by other administrative authorities the question of the correct information and the liability for mistakes gains particular significance, especially in the case if the information is used for concrete decisions which potentially interfere with the rights of individuals. The ReNEUAL Model Rules on European Union Administrative Procedure contained in Book VI draft rules on inter-administrative information management seemingly proposes specific rules for liability and the right to compensation in relation to composite information management activities. However, at the moment, this is not the case in the EU member states’ national administrative law rules since there seem to be hardly any specific liability provisions in the member states’ legal systems for advanced information exchange mechanisms.

ReNEUAL II – Administrative Law in the European Union Administrative Information Management in the Digital Age / Vasco Barrón, Alban; Günther, Carsten. General report of the ACA-Europe Colloquium. Leipzig: Federal Administrative Court, 2020, p. 13. Available at: https://www.aca-europe.eu/images/media_kit/colloquia/2020/2020_Leipzig_GeneralReport.pdf

In Latvia, the Law on State Information Systems generally envisages that the controller of the state information system is ‘responsible’ for data collection, registration, input, processing, storage, utilisation, transmission, publication of data, compliance with data submitted, updating, correcting, as well as the quality of data in the State information system.

Law on State Information Systems, Article 8.

The controller of the state information system has to keep a reference to the data source, if data is not obtained directly from the data subject.

Law on State Information Systems, Article 8.

However, if the data is obtained directly from the data subject, according to Article 9(2) of the Law on State Information Systems the data subject must provide complete and true information in accordance with the procedures laid down in laws.

Law on State Information Systems, Article 9(2).

However, it must be stressed that these are general norms and it is not possible to exclude that specific laws can provide for a more detailed regulatory framework for liability issues linked to different electronic information systems.

Information systems and digital databases that store personal data have already posed several questions regarding the protection of privacy at the Constitutional Court of Latvia, which is a special court examining cases submitted by individuals or organs of the state regarding the conformity of laws and other legal acts with the Constitution, especially fundamental rights – a more detailed examination will follow in the next section.

1.3 Plans for the future digitalisation

In 2021, in order to improve future digitalisation, the Cabinet of Ministers adopted Digital Transformation Guidelines for the term of 2021–2027 (further referred to as the “Digital Transformation Plan” or the “Guidelines”).

The overarching objective of the Guidelines is to create a society, economy and state administration that purposefully uses existing digital technologies in order to improve the quality of life for everyone and the society at large as well as to boost the competitiveness of the state and economy.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 1. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

The Guidelines comprehensively focus on developing digital society at large and state administration, containing such general development areas as ‘Digital transformation of the economy (including state administration)’, ‘Digital skills and education’, ‘Digital security and reliability’, ‘Accessibility of telecommunication services’, ‘Promoting information and communication technology innovations and commercialisation, industry and science’.

The document also relies on international papers, such as OECD Public Governance Policy Papers No.02 ‘The OECD Digital Government Policy Framework: Six dimensions of a Digital Government’. Structurally, the order provides vision, necessary action and measures as well as expected results for different digitisation projects.

For the purpose of this article, the authors will review only the section that concerns the subject of this article – the digitalisation of the state administration.

1.3.1 Further automatisation of the existing processes

The abovementioned current Digital Transformation Plan envisages further automatisation of the existing processes. The plan explicitly provides examples: usage of virtual assistants (consultancy chatbots) instead of human consultants; real-time automatic detection of speed drivers as well as automated decision-making etc.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

Also, automatisation should lead to a possibility of performing better causation analysis of different correlations in internal and external business management processes, such as public procurements: automatic price and cost comparisons, frequency of public procurements, results of comparable procurements, participation of different companies in public procurements, analysis of tender conditions that can lead to possible corruption risks in public procurement and consequently should be subject of attention for competent national supervisory authorities.

The Digital Transformation Plan suggests that in order to purposefully optimise all the digitalisation processes, one must distinguish services that include the internal preparation phase within the institution (that is generally unique and specific for different services and institutions) from the phase when the service is requested on behalf of the individual and finally delivered. The latest phase is better suitable for unification and digitalisation and thus should be focused on more.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9.2. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

1.3.2 Further development of state e-service platforms

The current Digital Transformation Plan requires a further quantitative increase of e-services as well as substantively personalised and proactive services that even though possible currently, are not available or practised at a larger scale yet (because of the high consumption of human analytical resources and skills). This includes, for example, personalised and proactive medicine that in an automatised manner analyses patients' medical records, genetics, on-spot inspections by doctors, illnesses of their relatives as well as personal data from smart devices etc. in order to suggest the best possible diagnostics and health treatment.

Similarly, this includes personalised and proactive social services for individuals from different socio-economic groups and of different real-life situations, for example, parents with newly born children should automatically and proactively receive all governmental services related to the child in a transparent and logical sequence (registration of a child, receiving allowances, declaration of residence, a permanent appointment for a primary care practitioner, etc).

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. 4.4.9.2. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

The Digital Transformation Plan envisages the principle that e-services must be subject to continuous progression and improvement. Such continuous transformation must be essential routine practice for both national and municipal authorities.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9.1. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

Also, the plan suggests that in order to constantly improve e-services of the state administration a new state institution shall be established: the Center for Public Service Management and Digitization Methodology.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9.7. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

1.3.3 Single personal e-account and electronic correspondence (digital posts)

The Latvian Digital Transformation Plan envisages creating a single personal e-account that unifies all communication channels and services provided to this individual from different organisations. Such an account should provide all the official announcements, notifications, e-invoices etc. The plan references as an example the partly comparable GOV.UK Notify.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.1. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

The existing e-address (digital posts) that is mandatory for companies at the moment, is to be extended to private correspondence, that is, not only between the government and companies but also the correspondence between different companies (business-to-business) and consumer relations (business-to-consumer). This could be useful for the exchange of structured data such as financial documents (invoices, receipts, delivery notes).

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.1., point 5.2. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

1.3.4 The platform for public participation and transparent governance and Open data platform

The Digital Transformation Plan envisages that digital technologies create a new digital space for the government and it must be organised in the way that suits the society best. However, society should have a sense of being responsible for the governance of the state and must actively engage in that process.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

One example is that the Digital Transformation Plan explicitly mentions that the state administration must employ all the new digital tools and applications that permit hearing society in a very fast and simple manner, thus implementing the principle of sound administration effectively.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9.6. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

The argument therefore is that public participation and transparent governance platforms are seen as an opportunity to provide open and public information on current legislative and planning processes to the public as well as a chance to increase and target public participation and obtain analysis for legislative processes.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. section 4.4.1., point 5.9; section 4.4.9.6. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

In addition, an Open data platform is mentioned as a public and private data sharing site to assure business processes, for example, information about schedules of public transport, statistics etc.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.1., point 5.12. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

1.3.5 General challenges and concerns

Besides the above-mentioned digitalisation perspectives, the Digital Transformation Plan also mentions digital transformation of geospatial, environmental governance and planning,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.4. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

circulation of financial documents,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.3. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

digitalisation of the justice system, especially in relation to investigation of crimes and adjudication of various cases,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.5. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

the use of digital advantages for civil protection in cases of emergence,

digitization of cultural heritage,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.8. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

remote work by default for state employees to improve their productivity

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9.4. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

and design approach on tactical level,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.9.5. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

full digitalisation of all level education, including university education, as well as administration of schools,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.13. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

implementing smart city technologies into urban infrastructure,

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.5.2. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

etc. However, considering concerns over further digitalisation, the plan also refers to cyber security risks and data protection aspects.

The plan envisages that the already existing Act on State Information Systems shall be transformed into the special National Digital Technology Management Act and shall contain a new legal requirement that before creating new information and communication technology services, the responsible authority shall be obliged to identify in advance possible cyber security risks.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 5 and 4.2.1., point 2. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

Further digitalisation also challenges already existing technical and organisational measures of personal data protection. Even though the General Data Protection Regulation is technology neutral, the digitisation plan envisages the need for capacity-building of the National Data Protection Inspectorate (in relation to its technical capacities) as well as educating the public regarding the protection of their own personal data.

Digital Transformation Guidelines 2021-2027, Order of the Cabinet of Ministers No. 490, 7 July 2021. para. 4.4.2.2. and 4.4.2.4. Available at: https://likumi.lv/ta/id/324715-par-digitalas-transformacijas-pamatnostadnem-20212027-gadam, last accessed 27.08.2023.

2. Digitalisation and Human Rights: Potential Challenges

In the following section, the authors provide an overview of the relevant judgments of the Constitutional Court of Latvia, the Opinions of the Ombudsman of Latvia and the judgment of the European Court of Human Rights judgment in the case Nagla v. Latvia. Moving from the national to the international legal instruments, the authors examine the effect that the digitalisation of the public sector may have on the enjoyment of human rights.

2.1 The landscape of relevant human rights obligations

After the fall of the Soviet Union, the Latvian legal system has undergone fundamental changes. One of the characteristics is the inclusion of the human rights standards into the domestic legal order in the 1990’s.

Satversme

Constitution of the Republic of Latvia. Available at: https://likumi.lv/ta/en/en/id/57980-the-constitution-of-the-republic-of-latvia, last accessed 27.08.2023

– the Constitution of Latvia – was adopted in 1922 and supplemented with Section VIII titled Fundamental Human Rights in 1998. Section VIII enshrines a catalogue of 28 articles protecting both civil and political rights (such as the right to life, equality before the law, and the right to private life) as well as economic and social rights (such as the right to freely choose their employment, the right to a basic level of medical assistance and the right to education).

Out of all provisions of the Latvian Constitution, one is, perhaps, the most relevant when it comes to the digitalisation of public administration: Article 96 reads: ‘Everyone has the right to inviolability of his or her private life, home and correspondence’.

Constitution of the Republic of Latvia. Article 96. Available at: https://likumi.lv/ta/en/en/id/57980-the-constitution-of-the-republic-of-latvia, last accessed 27.08.2023.

This right corresponds to Article 8 of the European Convention on Human Rights,

European Convention on Human Rights, Article 8. Available at: https://www.echr.coe.int/documents/d/echr/convention_eng, last accessed 27.08.2023

which Latvia ratified in 1996. Article 8 reads:

‘Everyone has the right to respect for his private and family life, his home and his correspondence.’
‘There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’

2.2 Judgments of the Constitutional Court of Latvia

2.2.1 Judgment of the Constitutional Court in the case 2012-15-01

The case concerned Article 43.6 of the Road Traffic Act.

Road Traffic Law (as of 2012), Article 43.6. Available at: https://likumi.lv/ta/en/en/id/45467-road-traffic-law, last accessed 01.08.2023

Based on it, if at the time of the road traffic offence fixed by the technical devices the driver has not been identified, the administrative penalty for the violation was applied to the owner of the vehicle. If the owner failed to pay the administrative fine, the law prescribed a ban on conducting a state technical inspection (roadworthiness test) and registering the vehicle and its driver in the state register.

Even if the owner of the vehicle was not the one driving it at the time of the offence, they did not have an opportunity to claim compensation from the actual perpetrator. In the Ombudsman’s view, such a procedure violated the presumption of innocence as well as Article 92 of Satversme:

‘Everyone has the right to defend his or her rights and lawful interests in a fair court. Everyone shall be presumed innocent until his or her guilt has been established in accordance with law. (…)’

The Constitution of the Republic of Latvia, 1922, Article 92.

The Court stated that the presumption of innocence is not absolute and in certain cases allows the legislature to foresee other legal presumptions.

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para.15.1. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2016/02/2012-15-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

The Court began by identifying whether a presumption found in Article 43.

Latvian Administrative Procedure Law. Available at: https://likumi.lv/ta/en/en/id/55567-administrative-procedure-law, last accessed 27.08.2023.

of the Road Traffic Act (that the unidentifiable driver is the owner of the vehicle) was prescribed by law. The opinions of the parties differed: The Ministry of Justice considered the legal basis to be found in the Latvian Administrative Violations Code, and the Ministry of Interior in the Civil Law.

The Court established that the Latvian legislation did not foresee the liability of the owner of the vehicle for offences committed by another driver.

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para. 15.3. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2016/02/2012-15-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

Here, the Court calibrated its focus: it is not the presumption of innocence per se that posed an issue, but the (alleged lack of) procedural guarantees available to the owner of the vehicle – the right to be heard and the right to access the court.

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para. 15.4. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2016/02/2012-15-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

Article 43.

Latvian Administrative Procedure Law. Available at: https://likumi.lv/ta/en/en/id/55567-administrative-procedure-law, last accessed 27.08.2023.

of the Road Traffic Act did not grant the owner of the vehicle an opportunity to inform the State that it was another person, driving the vehicle at the time of the offence. Article 43.

Latvian Administrative Procedure Law. Available at: https://likumi.lv/ta/en/en/id/55567-administrative-procedure-law, last accessed 27.08.2023.

allowed the driver to appeal the decision, not the owner. This amounted to interference with the right to be heard and the right to access the court.

This interference was prescribed by law

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para. 18.1. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2016/02/2012-15-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

and pursed the legitimate aim of protection of the rights of others.

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para. 18.2. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2016/02/2012-15-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

For proportionality check, the Court divided the matter into separate sub-issues: (1) limitation of the right to be heard before the imposition of the fine and (2) limitation of the right to be heard in cases where the offence was not committed by the owner but another driver.

As to the first one, the Court found such a measure proportionate: the procedure of fixing the offence with technical devices and consequent imposition of the fine is rather common, and the percentage of appeals is relatively low.

As to the second, the Court found that imposing an obligation to pay the fine for an offence committed by another person in fact deprives the owner of the vehicle of the right to fair trial and violates Article 92 of the Constitution.

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para. 18.3.3.2. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2016/02/2012-15-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

2.2.2 Judgment of the Constitutional Court in the case 2018-18-01

The case originated from the individual claim contesting the compliance of Article 14.1 (2) of the Road Traffic Act, which reads:

‘Information about a vehicle owned by a legal person, except for the information specified in Paragraph one of this Section, about a person's right to drive vehicles, on the fines imposed on a person for offences in road traffic which have not paid within the time period specified in the law, and also any other information contained in the State Register of Vehicles and Drivers Thereof and the State Information System of Tractor-type Machinery and Drivers Thereof shall be treated as generally accessible information.’

Road Traffic Law, Article 14.¹. Available at: https://likumi.lv/ta/en/en/id/45467-road-traffic-law, last accessed 27.08.2023.

The Latvian Road Traffic Act prescribed that a driver committing an administrative offence received the so-called ‘penalty points’, which were recorded in the State Register of Vehicles and Drivers Thereof.

Road Traffic Law, Article 43.¹. Available at: https://likumi.lv/ta/en/en/id/45467-road-traffic-law, last accessed 27.08.2023.

Upon reaching a specified number of points, a driver would have to pass mandatory training sessions (seminars) on matters of road traffic safety or even pass the driving examination again. Based on Article 14.¹, the number of points received by a driver was publicly accessible, which, as claimed by the Applicant, contradicted Article 96 of the Constitution.

Judgment of the Constitutional Court of Latvia in the case 2018-18-01, 13 November 2021, para.2. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2018/08/2018-18-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

The Latvian Parliament as the author of the contested norm, while agreeing that the publication of the penalty points constituted an interference with the person’s private life, contented that it pursued a legitimate aim – namely, the protection of the rights of others and the protection of public safety.

Judgment of the Constitutional Court of Latvia in the case 2018-18-01, 13 November 2021, para.3. Available at: https://www.satv.tiesa.gov.lv/wp-content/uploads/2018/08/2018-18-01_Spriedums.pdf (in Latvian), last accessed 27.08.2023.

In its view, the information about the penalty points may be crucial for the passenger carriers and taxi service providers – to evaluate whether a specific driver is trustworthy.

Interestingly, during the proceedings, the Constitutional Court had requested a preliminary ruling from the EU Court, inter alia, asking

‘can the provisions of [the General Data Protection Regulation], in particular the principle of ‘integrity and confidentiality’ referred to in Article 5(1)(f) thereof, be interpreted as meaning that they prohibit Member States from stipulating that information relating to penalty points recorded against drivers for motoring offences falls within the public domain and from allowing such data to be processed by being communicated?’

Judgment of the Court (Grand Chamber) in the case C‑439/19, 22 June 2021, para.53(2). Available at: https://curia.europa.eu/juris/document/document.jsf?text=&docid=243244&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=348678, last accessed 27.08.2023.

[emphasis added]

The Grand Chamber concluded that the GDPR must be interpreted in a way that precludes the Member States from making the data on penalty points available to the public unless the person requesting that information has established ‘a specific interest in obtaining that data’.

Judgment of the Court (Grand Chamber) in the case C‑439/19, 22 June 2021, para.122. Available at: https://curia.europa.eu/juris/document/document.jsf?text=&docid=243244&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=348678, last accessed 27.08.2023.

The Constitutional Court then employed a classical balancing test: whether the interference in question is prescribed by law, pursues a legitimate aim and is proportionate. The first criterion was satisfied.

Judgment of the Constitutional Court of Latvia in the case 2018-18-01, para.17.

The Court further accepted that the measures were intended to keep both the person who committed road traffic violations as well as others from such actions.

Judgment of the Constitutional Court of Latvia in the case 2018-18-01, para.18.

This corresponded to the protection of the rights of others and the protection of public safety.

When performing the proportionality test, the Court initially accepted that the contested article was appropriate to the attainment of intended aims.

Judgment of the Constitutional Court of Latvia in the case 2018-18-01, para.20.

However, the balancing act requires measuring whether less restrictive measures exist that could be used for the same purpose(s). Here, the Court made a necessary reference to the EU Court’s reply in the preliminary ruling: publishing of information about a particular person’s penalty points is contrary to the GDPR.

The Court had also requested the opinion of the Ombudsman of Latvia whose position was the same: although the pursued aim was legitimate, there was no urgent public need to access information about other drivers’ penalty points.

Opinion of the Ombudsman, reference No. 1-6/18, 19 December 2018, p.8. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/viedoklis_st_lieta_nr_2018_18_01_1545992368.pdf (in Latvian), last accessed 27.08.2023.

While some persons may have had a legitimate interest in obtaining that information, in fact, everyone had access to it. Other, less restrictive means could have been imposed to achieve the same aim, such as granting information about the person’s penalty points to those persons who have road safety-related or other justified interests.

Opinion of the Ombudsman, reference No. 1-6/18, 19 December 2018, para.21.2. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/viedoklis_st_lieta_nr_2018_18_01_1545992368.pdf (in Latvian), last accessed 27.08.2023.

Thus, the interference stemming from the contested norm did not satisfy the proportionality requirement and violated Article 96 of the Latvian Constitution.

2.2.2.1 Judgment of the Constitutional Court in the case 2022-09-01

The case concerned the Punishment Register Law adopted in 2013. Article 23(1) reads:

The following information shall be stored in the archives database of the Register:

‘1) regarding a person whose criminal record has been set aside or extinguished, against whom the initiated criminal proceedings have been terminated, regarding an acquitted person [...] – for one year after the information has been received from the Register of Natural Persons regarding the death of the person, however, not longer than 100 years after the birth of the person;’

Punishment Register Law, Article 23(1).

[emphasis added]

The applicant, the Administrative District Court, submitted that the said provision did not comply with Article 96 of the Constitution. In its view, since an acquitted person was considered innocent, then, storing information about them in the Punishment Register for the whole lifetime of that person is, first, disproportionate and, second, incompatible with the purpose for which the Register was created.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, 22 December 2022, para.2. Available at: https://www.satv.tiesa.gov.lv/web/viewer.html?file=https://www.satv.tiesa.gov.lv/wp-content/uploads/2022/03/2022-09-01_Spriedums.pdf#search= (in Latvian)

The Latvian Parliament submitted that the contested norm pursued a legitimate aim – archival needs, and there is no other means to attain the same purpose while not interfering with the person’s fundamental rights.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, 22 December 2022, para.3. Available at: https://www.satv.tiesa.gov.lv/web/viewer.html?file=https://www.satv.tiesa.gov.lv/wp-content/uploads/2022/03/2022-09-01_Spriedums.pdf#search= (in Latvian)

In this case, the Court used the same three-step test: whether the interference in question is prescribed by law, pursues a legitimate aim and passes the proportionality check. As to the first criterion, the Court admitted that Article 23(1) was prescribed by domestic law: it has been properly adopted and made available to the public, and the norm was formulated sufficiently clearly.

The question of whether the contested norm pursued a legitimate aim deserves a more detailed examination. The Court made a distinction between two databases and, consequently, two different aims pursued. Thus, the personal data stored in the current (active) database of the Register pursued the aims mentioned in Article 1 of the Punishment Register Law – ‘to facilitate the prevention and disclosing of such offences and violations, as well as regarding control of execution of the punishment and restriction of the rights imposed on a person for the committed offences and violations.’

Punishment Register Law, Article 1.

These aims, the Courts continued, differ from the aims pursued with the storage of personal data in the archive database of the Register, yet the law does not expressly name them.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.14.1.

The Court agreed that the creation and maintenance of archives per se is related to the sustainability of a democratic state and the protection of the rights of others.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.14.2.

Specifically, information about acquitted persons may also be needed to ensure further criminal procedural activities, to protect public safety

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.14.3.

and to ensure the data subject’s own rights, such as the possibility of receiving official confirmation of their acquittal in a criminal process.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.14.4.

To sum up, the Court identified three legitimate aims pursued by Article 23(1): the protection of democratic state apparatus, public safety and the rights of others.

The Court began with the protection of public safety. The data of both innocent persons and the persons found guilty are processed in the same register and for the same period of time, meaning that the data of two distinctly different categories of persons receive the same treatment.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.15.2.

It also stems from the opinions of the Ministry of Interior and the State Police that the data in the archives database of the Register is used ‘to conduct an in-depth examination of a person’ or ‘to check a person’s reputation’. Although both these aims are related to safety, they do not directly lead to protection from an objectively identified threat. Thus, the Court found that the measures adopted do not correspond to the protection of public safety.

Further, the Court considered the protection of democratic state apparatus and the protection of the rights of others. The Archives Law prescribed that, before archiving, the archival value of a record must be determined,

Archives Law, Article 8(1). Available at: https://likumi.lv/ta/en/en/id/205971-archives-law, last accessed 20.08.2023.

yet the transfer of the data from the current database to the archives database of the Register took place automatically, i.e., without evaluation of the archived data. Moreover, the data was retained only one year after the death of the person. This goes contrary to the rationale of the archiving – the storage of the data should not depend on whether the person is alive. Thus, the disputed norm does not correspond to the protection of the democratic state apparatus and the protection of the rights of others.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.17.1.

The Court accepted that the storage of personal data for a certain period of time could be helpful in case of renewed criminal proceedings.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.18.

The third criterion of the balancing test is the proportionality check. In all cases, the data of an acquitted person is stored for the same period of time, regardless of whether the statute of limitations for the respective criminal offence has already passed, and whether the stored data can still be used.

Judgment of the Constitutional Court of Latvia in the case 2022-09-01, para.18.

Data is also stored in the information system of the Ministry of Interior, which leads to the doubling of the data in several registers. Considering all these factors, the Court concluded that the disputed Article 23(1) of the Punishment Register Law contradicts Article 96 of the Latvian Constitution.

2.3 Opinions of the Ombudsman of Latvia

In the context of digitalisation and human rights, it is also worth mentioning the opinions of the Ombudsman of Latvia, whose task is to ensure human rights protection via, inter alia, review of individual applications, providing opinions in court proceedings, providing recommendations to state institutions, and so on.

Ombudsman Law, Articles 11-12. Available at: https://likumi.lv/ta/en/en/id/133535-ombudsman-law, last accessed 20.08.2023.

2.3.1 Opinion of 29 March 2011 on the publishing of personal data on the municipal news page

The application was submitted by a person whose personal data have been published in the minutes of the meeting of the municipal council (pašvaldības dome). The text provided: ‘It was decided to rent the municipal apartment to the mentioned person, specifying the address’.

Opinion of the Ombudsman, reference No. 6-2/204, 29 March 2011. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/atzinums_par_pasvaldibas_zinu_lapa_publiskotajiem_personas_datiem_29_03_2011_1507136290.pdf (in Latvian), last accessed 20.08.2023.

The Ombudsman observed the tension between the two rights: on the one hand, the societal interest in being informed about the decisions made by the municipality, especially those concerning the use of municipal resources and, on the other hand, the individual’s right to respect for their private life.

Publishing the person’s full address, personal safety and property interests are exposed to a higher risk. Thus, the municipality council, while respecting the public right to information, should have not posted the person’s full name or full address to minimise that risk.

2.3.2 Opinion of 12 April 2017 on the processing of personal data

The opinion originates from the individual claim concerning the website, an official electronic database of auctions officially announced by bailiffs and insolvency administrators. The website published information about two properties owned by the applicant, including information on how she obtained these properties, the amount of her credit obligations and the applicant’s personal code.

Opinion of the Ombudsman, reference No. 6-6/10, 12 April 2017, p.1. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/atzinums_lieta_nr_2016_10_5f_1492494782.pdf (in Latvian), last accessed 20.08.2023.

The Ombudsman observed that the term ‘personal data’ does not only enshrine data such as name, surname, identification number, location data, etc. Referring to the EU Court, the Ombudsman noted that

‘the information about the person’s transaction history and the number of credit obligations, namely the economic condition/behaviour, together with their name and surname are recognised as personal data.’

Opinion of the Ombudsman, reference No. 6-6/10, 12 April 2017, p.2. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/atzinums_lieta_nr_2016_10_5f_1492494782.pdf (in Latvian), last accessed 20.08.2023.

The Ombudsman then reviewed the Regulations of the Cabinet of Ministers No. 318 ‘Terms of the site of electronic auctions’

Terms of the site of electronic auctions, Regulations of the Cabinet of Ministers No. 318, 16 June 2015. Available at: https://likumi.lv/ta/id/274951-elektronisko-izsolu-vietnes-noteikumi (in Latvian), last accessed 20.08.2023.

and concluded that the regulations do not prescribe to specify the owner’s economic status and personal code in the advertisement for forced auction of real estate.

Opinion of the Ombudsman, 12 April 2017, p.3.

The inclusion of the debtor's personal code in real estate thus was not necessary and was contrary to Article 96 of the Constitution and Article 8 of the ECHR. The Ombudsman called upon the Data State Inspectorate and the Ministry of Justice to take all necessary measures to stop the practice of publishing the debtors’ personal codes in real estate auction advertisements.

Opinion of the Ombudsman, 12 April 2017, p.5.

2.3.3 Opinion of 15 November 2017 on certain aspects of the e-health system

In May 2016, the Association of Family Doctors of Latvia submitted an application to the Ombudsman concerning the Regulations of the Cabinet of Ministers No. 134 ‘Regulations Regarding the Unified Electronic Information System of the Health Sector’.

Regulations Regarding the Unified Electronic Information System of the Health Sector, Regulations of the Cabinet of Ministers No.134, 11 March 2014. Available at: https://likumi.lv/ta/en/en/id/264943-regulations-regarding-the-unified-electronic-information-system-of-the-health-sector, last accessed 20.08.2023.

The Association asked the Ombudsman to evaluate the procedure of transfer of persons’ health (medical) data to the State Labor Inspectorate, the National Health Service, the Health Inspectorate and the State Social Insurance Agency as well as the indication of the diagnoses in the sick-leave certificates.

Opinion of the Ombudsman, reference No. 6-6/39, 15 November 2017. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/atzinums_lieta_nr_2016_24_5d_1511348919.pdf (in Latvian), last accessed 20.08.2023.

In the framework of this evaluation, the Ombudsman has turned to the Ministry of Health, asking to improve the legal regulation of the e-health system with regard to the processing of health data. As a result, the proposals of the working group of the Ministry of Health were incorporated into the regulatory acts.

Notably, the amendments prescribed to not indicate the precise diagnosis in the sick leave certificate. Where the law prescribed to indicate the reason, it was worded in more generalised terms, such as ‘occupational disease’, ‘accident at work’, ‘road accident’, etc.

Amendments to the Regulations Regarding the Unified Electronic Information System of the Health Sector, Regulations of the Cabinet of Ministers No. 318, 22 August 2017. Available at: https://likumi.lv/ta/id/293135-grozijumi-ministru-kabineta-2014-gada-11-marta-noteikumos-nr-134-noteikumi-par-vienoto-veselibas-nozares-elektronisko-informaci. (in Latvian), last accessed 20.08.2023.

Diagnoses such as ‘quarantine’, ‘prosthetics or orthotics’, and ‘rehabilitation’ have been excluded as they reveal sensitive details about the person’s health, and diagnoses ‘pregnancy’ and ‘labour’ have been substituted with ‘prenatal period’ and ‘postnatal period’ for greater precision.

Opinion of the Ombudsman, 15 November 2017, p.5.

Amendments were also made to the procedure of issuing medical prescriptions.

Regulations Regarding Manufacture and Storage of Prescription Forms, as well as Writing out and Storage of Prescriptions, Regulations of the Cabinet of Ministers No. 175, 8 March 2005. Available at: https://likumi.lv/ta/en/en/id/104228-regulations-regarding-manufacture-and-storage-of-prescription-forms-as-well-as-writing-out-and-storage-of-prescriptions, last accessed 20.08.2023.

The diagnosis would only be indicated on the special electronic prescription forms used for medicinal products subject to stricter control (narcotic and psychotropic medicine, narcotic analgesic substances, etc.) The ordinary electronic prescription form used for the majority of medicines would not contain the patient’s diagnosis, which the Ombudsman considered a major improvement in the patient’s data protection.

Opinion of the Ombudsman, 15 November 2017, pp.5-6.

Lastly, the Ombudsman highlighted the need to supplement the e-health system's legal regulation with more precise provisions on the rights of the State Health Inspectorate to process patients’ sensitive data.

Opinion of the Ombudsman, 15 November 2017, p.10

With amendments of May 2018, the recommended provision has been added to the regulations.

Regulations Regarding the Unified Electronic Information System of the Health Sector, Article 33.⁵.

2.3.4 Opinion of 12 November 2020 on personal data processing by technical means in road traffic

The Ombudsman received a private complaint concerning the processing of personal data taking place during traffic speed control by photo radars. The applicant considered that the data about the driver and the vehicle could be retained in the databases also in cases where the person has not consented nor has committed a violation of road traffic rules.

Opinion of the Ombudsman, reference No. 6-6/30, 12 November 2020. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/par_personas_datu_apstradi_1608625042.pdf (in Latvian), last accessed 21.08.2023.

This, according to the applicant, violated the right to respect for private life (enshrined in Article 96 of the Constitution) as well as the presumption of innocence (Article 92).

The Ombudsman evaluated four issues separately: (1) failure to observe driving speed,

Latvian Administrative Violations Code (no longer in force), Article 149.8. Available at:

https://likumi.lv/ta/en/en/id/89648-latvian-administrative-violations-code, last accessed 21.08.2023.

(2) driving a vehicle lacking a State technical inspection, (3) driving a vehicle lacking mandatory insurance

Latvian Administrative Violations Code (no longer in force), Article 149.24. Available at:

https://likumi.lv/ta/en/en/id/89648-latvian-administrative-violations-code, last accessed 21.08.2023.

and (4) failure to pay road usage fees.

Latvian Administrative Violations Code (no longer in force), Article 149.40. Available at:

https://likumi.lv/ta/en/en/id/89648-latvian-administrative-violations-code, last accessed 21.08.2023.

Regarding the first point, the Ombudsman cited the Constitutional Court, which established that the prevention of speed limit violations pursued the protection of the rights of others: the right to life, health and property rights. Speed control was the primary reason for setting up the radars. Thus, the data processing taking place for such purposes is lawful.

Opinion of the Ombudsman, 12 November 2020, para. 4.3.

Regarding the second point, the Ombudsman noted that driving a vehicle to which the state technical inspection has not been carried out puts public safety at risk. Statistically, approximately 4% of the vehicles were lacking inspection; thus, blanket data processing was proportionate. However, the fact that the public was not informed about such data processing was evaluated negatively.

Opinion of the Ombudsman, 12 November 2020, para. 13.

Regarding the third point, statistics showed that at least 97% of vehicles had mandatory insurance. The Ombudsman concluded that the indirect processing of the personal data of several drivers undertaken to ensure the right of others to compensation was clearly disproportionate.

Opinion of the Ombudsman, 12 November 2020, para. 13.1.

Finally, the road feeds applied on 17 defined roads and only to vehicles with a full weight exceeding 3001 kg. Moreover, the drivers were informed that technical means were checking whether the payment had been made. Based on the two elements combined, such a measure was found proportionate.

Opinion of the Ombudsman, 12 November 2020, para. 13.2.2.

2.3.5 Opinion of 4 February 2021 on the publicity of the entries of the Enterprise Register online

The issue originated from a private person, who has by mistake registered as a sole proprietor. This commercial entity has been liquidated, yet several websites (including the website of the Register of Enterprises of Latvia) still contained personal data such as the private address of that person, allegedly violating their right to private life.

Opinion of the Ombudsman, Inspection case No. 2019-06-5F, 4 February 2021. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/par_personas_datu_aizsardzibu_attieciba_uz_uznemumu_registra_ierakstu_publicitati_timeklvietnes_9_1613459577.pdf (in Latvian), last accessed 22.08.2023.

Referring to Article 4(1) of the General Data Protection Regulation,

General Data Protection Regulation, 2016, Article 4(1). Available at: https://eur-lex.europa.eu/eli/reg/2016/679/oj, last accessed 22.08.2023.

which defines personal data, the Ombudsman concluded that the place of residence falls under the private life guarantees.

Opinion of the Ombudsman, 4 February 2021, p.3.

However, the situation when the legal address of the merchant is at the same time the place of residence of the private person is not regulated. The publicity of legal addresses is dictated by the principle of transparency and the right to access information: the public should be able to find current and historical information about the legal entity. Such information is available to an unlimited number of persons for an unlimited time; therefore, for those persons whose place of residence is the entity’s legal address, it constitutes an interference with the right to private life.

Opinion of the Ombudsman, 4 February 2021, p.7.

Such interference is found in several laws – the Commercial Law

Commercial Law, 2002, Article 8. Available at: https://likumi.lv/ta/en/en/id/5490, last accessed 22.08.2023.

and the Law on the Enterprise Register of the Republic of Latvia

Law On the Enterprise Register of the Republic of Latvia, 1990, Articles 4.⁸, 6. Available at: https://likumi.lv/ta/en/en/id/72847-on-the-enterprise-register-of-the-republic-of-latvia, last accessed 22.08.2023.

– making the interference lawful. The Ombudsman further noted that it protects the interests of third persons (creditors, investors, etc.) and helps prevent money laundering and financing of terrorism. Thus, such measures pursue a broad legitimate aim – the protection of the rights of others.

Opinion of the Ombudsman, 4 February 2021, p.9.

The Ombudsman further noted that the approach in question was appropriate to the pursued aim. The question to be resolved was whether the same aim could be achieved with other, less interfering means. Two alternatives are: not to publish the legal address of the entity or not to allow the Register of Enterprises to pass it to the re-users. The first option was not considered viable. Firstly, it would be contrary to the right to information. Secondly, in the absence of public records online, interested persons could only find out the legal address by physically coming to the Register of Enterprises, which would disrupt its work.

Opinion of the Ombudsman, 4 February 2021, p.11.

The second option was also rejected. The Ombudsman found no legal basis to prohibit the Register of Enterprises from passing the information to the re-users.

Opinion of the Ombudsman, 4 February 2021, p.12.

Finally, the Ombudsman found that the public good achieved outweighs the risks posed to an individual whose personal address has been published. Based on that, no violation of the right to private life was found.

Opinion of the Ombudsman, 4 February 2021, p.13.

Interestingly, the Ombudsman went further, recalling the right to be forgotten under the GDPR. The natural person whose address has been published (as the legal address of the associated entity) does not in fact have a possibility to limit access to their personal data. As a result, such data is retained for an unlimited time. As such cases are exceptional, a more flexible approach may have been adopted.

Opinion of the Ombudsman, 4 February 2021, p.15.

2.3.6 Opinion of 27 May 2021 on the availability of the non-anonymised ruling of the Supreme Court online

The claim was initiated by a person who claimed that a non-anonymised court ruling against him pronounced in 1997 was still available online. The applicant claimed that the ruling contained their name, surname, date of birth, former workplace, a brief description of the criminal case and the sentence imposed on them.

Opinion the Ombudsman, Inspection case No. 2021-31-5F, 27 May 2021. Available at: https://www.tiesibsargs.lv/wp-content/uploads/2022/07/atzinums_2021_31_5f_1642687192.pdf (in Latvian), last accessed 22.08.2023.

The Ombudsman further indicated that other non-anonymised court rulings were also found on the websites www.likumi.lv (the official website publishing Latvian legal acts) and www.vestnesis.lv (web version of the official government gazette Latvijas Vēstnesis).

The Ombudsman confirmed that the ruling containing above mentioned personal details falls under the notion of data processing. Recalling the right to be forgotten, the Ombudsman noted that publishing the non-anonymised court ruling did not pursue a legitimate aim; moreover, Article 11 of the Law on Official Publications and Legal Information

Law on Official Publications and Legal Information, Article 11. Available at: https://likumi.lv/ta/en/en/id/249322-law-on-official-publications-and-legal-information, last accessed 22.08.2023.

requires the publisher to ensure appropriate protection of personal data.

Latvijas Vēstnesis as the data processor admitted that publishing of the non-anonymised decision is an excessive interference with the privacy of the applicant. As a remedy, it requested Google to no longer index (show in the search results) the applicant’s dataand stopped the practice of publishing non-anonymised court rulings online.

2.4 European Court of Human Rights judgment in Nagla v. Latvia

The applicant was working for the national television broadcaster Latvijas televīzija (‘Latvian television’). She was approached by an anonymous source, a hacker calling himself Neo, claiming that the database of the State Revenue Service contains loopholes, making it possible to access the Electronic Declaration System without formally breaching security measures. The applicant informed the State Revenue Service about a data breach. Several days later, acting in her journalistic capacity, she revealed during the broadcast about the data leak.

Nagla v. Latvia, Judgment of 16 July 2013, paras.6-9.

Almost three months later, the police searched the applicant’s home without a search warrant. The warrant was approved by a judge retrospectively on the following day.

Nagla v. Latvia, Judgment of 16 July 2013, paras.21–24.

The applicant claimed that her right to receive and impart information was violated, as during the search the police received information that could disclose her source. The government submitted that the interference was prescribed by law and pursued a legitimate aim of protection of rights of others:

‘[t]he balancing exercise in the present case involved the applicant’s right to freedom of expression against the right of hundreds of thousands of individuals in Latvia to the protection of their personal data.’

Nagla v. Latvia, Judgment of 16 July 2013, para.71.

[emphasis added]

The Court generally accepted that the interference was intended to prevent disorder or crime and to protect the rights of others.

Nagla v. Latvia, Judgment of 16 July 2013, para.92.

However, the Court reasoned that by informing society about salaries in the public sector and about security flaws in the databases of the State Revenue Service, the applicant fostered public debate.

Nagla v. Latvia, Judgment of 16 July 2013, para.97.

In the criminal proceedings, her status as a witness remained unchanged, yet the search warrant did not contain any specific reasons for conducting it with such urgency. Consequently, such actions amounted to a violation of Article 10 ECHR, noting that

‘the investigating judge failed to establish that the interests of the investigation in securing evidence were sufficient to override the public interest in the protection of the journalist’s freedom of expression’.

Nagla v. Latvia, Judgment of 16 July 2013, para.101

2.5 Analysis

Comparing the three judgments of the Constitutional Court of Latvia analysed above, one may conclude that the Court does not automatically accept all digitalisation measures taking place in public administration. The judgments show that it is careful in balancing individual rights vis-à-vis the collective interests (such as public safety).

Interestingly, in all three judgments, the Court acknowledged that the measures in question pursued legitimate aims; where they ‘failed’ is the proportionality test. This indicates that digitalisation efforts in general should be more nuanced and carefully calibrated to counter the challenges they pose to human rights.

In the following subsections, the authors outline potential challenges posed to the right to a fair trial, the right to private life and the prohibition of discrimination.

2.5.1 Fair trial guarantees

In cases involving automatic registration of offences (such as with the use of photo and video radars in road traffic), the right to fair trial and the presumption of innocence are relevant. As seen in the Constitutional Court’s judgment in the case 2012-15-01 concerning the use of radars in road traffic. To remind the reader, that where the actual driver was unidentifiable, the administrative penalty for the violation would have been applied to the owner of the vehicle. Although the applicant did rely on the presumption of innocence, the Court emphasised that it is not absolute and may be substituted with another legal presumption of fact.

Judgment of the Constitutional Court of Latvia in the case 2012-15-01, 28 March 2013, para.15.1.

Such an argument can potentially be extended to the use of other devices in the future. For example, a personal computer or a mobile phone may be used to commit an offence. Following the same logic, if the actual holder/user of the device is impossible to identify at the time of the offence, the penalty could be sent automatically to the known owner of the device. That in turn, poses a bigger threat to the presumption of innocence.

Digitalisation also impacts the right to the fair as a whole. As noted in the first section, Administrative Procedure Law provides an overall framework for e-cases. The Latvian Digital Transformation Guidelines 2021–2027 set the aim of ‘complete digitalisation of the processes related to the core activities of law enforcement, judicial and penal institutions.’

Digital Transformation Guidelines 2021-2027.

However, careful balancing is necessary in this context. The right to fair trial also enshrined the right of access to court, and in case of complete digitalisation of case management, some groups – seniors, people with lower income, and people with less advanced digital skills – may be limited in this right. Indeed, this is a long-term transition rather than an immediate threat, yet more vulnerable groups need to be taken into account when implementing the digital transition plan.

2.5.2 Private life guarantees

As digitalisation presupposes the processing of large masses of personal data, which is an element of personal life, the most pressing challenge links to Article 8 of the ECHR. The analysis of the Latvian practice also shows that the majority of cases concern Article 96 of the Constitution, which is a domestic ‘twin’ of Article 8 of the Convention.

Both the Constitutional Court and the Ombudsman found that the measures adopted by the state – such as the use of radars, ensuring online availability of laws and judgments or sustaining public registers – all pursued one or several legitimate aims embodied in Article 8(2) ECHR:

‘in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’

European Convention on Human Rights, Article 8(2).

Thus, Latvia’s incentive to ensure the ‘active involvement of all state administrative institutions in the creation and implementation of the digital security policy’

Digital Transformation Guidelines 2021-2027, para.4.2.1.

aims to strengthen national security, and ‘complete digitalisation of the investigative process’

Digital Transformation Guidelines 2021-2027, para.4.4.5.1.

would ensure the prevention of disorder or crime, ‘preservation, restoration and improvement of an individual's health and quality of life [...] facilitated by a service ecosystem based on data and their digitalisation’

Digital Transformation Guidelines 2021-2027, para.4.4.6.

corresponds to the protection of public health – and so on. In other words, one may find a ‘matching’ legitimate aim for virtually any step undertaken in the domain of digital transformation.

As also seen from national practice, the challenge per se lies in the proportionality test: as digitalisation often involves the processing of sensitive data (e.g., health data), the balancing of individual interests versus collective interests should be very careful.

The judgment in Nagla v. Latvia highlights the importance of installing proper security measures. If the management of personal data for public services becomes more centralised, for example, if the government creates something like a shared ‘drive’ for all competent institutions to access, the cost of error (such as data leak) increases dramatically.

Another potential issue here is the unwillingness to use digitalised public services. Some people do not wish to use new technologies and would prefer printing the document and physically bringing it to a state institution instead of doing it electronically. For that reason, a ‘non-digital’ version of public services is always available – thus, the Latvian public is not forced to use electronic services. Latvia, for all its digitalisation activities, has chosen an ‘opt-in approach’: a person has to him/herself choose and agree to use a digital version of the service instead of an offline one.

2.5.3 Prohibition of discrimination

Digitalisation efforts should also take into account more vulnerable groups such as visually impaired people, people with other disabilities, people having weaker digital skills, etc. In fact, the Latvian Digital Transformation Guidelines 2021–2027 explicitly recognise this risk, setting an aim

‘to ensure that in the digital space of Latvia, every person (including, for example, persons with disabilities) can access safe digital services and reliable digital media without any discrimination, as well as can participate, express themselves, search for information and exercise all their rights in the digital space environment.’

Digital Transformation Guidelines 2021-2027, para.4.4.6.

As for now, for example, the Latvian State administration services portal www.latvija.lv only partially complies with the Procedures for Publishing Information on the Internet by Institutions.

Procedures for Publishing Information on the Internet by Institutions.

Based on its 2022 self-evaluation

Available at https://latvija.gov.lv/Content/Pieklustamiba (in Latvian), last accessed 27.08.2023.

of the portal, some images are missing alternative texts for the people using a screen reader to be able to access the information; some video content lacks subtitles; in several portal sections, navigation using only the keyboard is not possible; the colour contrast is insufficient.

This problem has been addressed: since 2015, a network of State and Municipality Unified Customer Service Centres has been formed. In these centres, any person has access to a workplace with a computer and an Internet connection to use digital public services. If necessary, educated assistants are on-site to provide help.

3. Does the Legal Framework Support Digitalisation?

Within this section, the authors analyse how the Latvian legal framework supports public digitalisation, specifically reflecting on the legal instruments that are used in order to support and encourage public digitalisation in the administrative sector. Particular attention will be devoted to several methods that are expected to support digitalisation: the legislative obligation of self-digitalisation, the usage of policy papers to promote digitalisation and, finally, the usage of technology-neutral language in legislation. While the first two are intended to promote digitalisation, the third one is seen as a tool not to prevent technological innovations and potentials.

3.1 Legislative obligation of self-digitalisation

Firstly, it is possible to distinguish a legislative approach whereby the legislator obliges the state administration to provide services electronically. For example, Article 99 (1) of the State Administration Structure Law (that forms the backbone of the Latvian administrative sector, as previous mentioned) stipulates that the State administration shall arrange the provision of services electronically, where possible and feasible. Article 99 (2) stipulates additionally that the procedures for the performance of electronisation of State administration services and ensuring of e-service accessibility shall be determined by the Cabinet of Ministers (that is the highest executive body of the country). Thus, the obligation of self-digitalisation is established in the most important law of the public administration.

Further, the Cabinet of Ministers has adopted Regulation No. 402

Regulations Regarding the Public Administration E-services.

which prescribes the procedures by which public administration services are digitised and made available for the public.

Regulations Regarding the Public Administration E-services. Article 1

Firstly, Regulation No. 402 sets out conditions under which the service owner shall provide services in the form of e-services. Namely, Article 3 stipulates that a service owner, if it is possible and useful, shall provide services also in the form of e-services, if at least one of the following criteria is met:

within a year the number of requested service cases exceeds 5000 or 10% of the number of cases of all services provided by the service owner;
availability of the service would improve;
receiving the service electronically would be more convenient;
the administrative burden would be reduced;
the service provision process would optimise;
the costs and time for the provision of services would decrease;
provision of the relevant service also in the form of an e-service would be preferred due to the equality considerations of specific client groups.

Secondly, setting up electronic services without continuous maintenance and development would lead to inefficiency. For this reason, Article 13 of the Regulation includes explicit rules to make service owners responsible for planning, ensuring, maintaining, and developing e-services. Namely, according to Article 13, the service owner among other responsibilities shall:

continuously co-ordinate the process of provision of e-services;
make sure that the provision of e-services conforms with the minimum technical and safety requirements laid down in the laws and regulations;
ensure that necessary changes for e-services are introduced and the previous testing process is implemented;
make sure that the rules for the use of the e-services are introduced;
ensure that the provision of the e-service is suspended, if, as a result of changes in the normative regulation or technical deficiencies, the e-service does not conform to laws and regulations;
inform the e-service provider and e-service users in advance of interruptions in the operation of the e-service and the planned resumption of the operation three working days before the planned interruption, but in case of an unplanned interruption - at the time of occurrence;
provide the consultative support of the e-service provider;
determine the means of e-identification of the individuals necessary for the e-service.

Thirdly, Regulation No. 402 includes explicit provision for service owners to promote the usage of their e-services in public. Thus, Article 18 of the regulation obliges service owners to develop such terms of service-use which, first, promote the use of the e-service and, secondly, fulfil at least one of the following aspects: 1) provide a shorter time period for the electronic service than in person at premises of the national authority; 2) provide a lower cost for the electronic service than in person at the premises of the national authority; 3) provide availability of the service only in electronic form, keeping in-person consultations at the premises of the authority only for the purpose of consulting the use of the e-service; 4) provide identification mechanism (for the use of e-service) that is as accessible and convenient as possible.

Regulations Regarding the Public Administration E-services. Article 18

Thus, the Regulation has introduced the administrative principle of promoted use of administration e-services.

To conclude, the provision of electronic services to the public or the so-called digitalisation of the administration is promoted with the legislative obligation of self-digitalisation, on one hand, and the transparent setup of criteria for implementing the digitalisation by the Cabinet of Ministers, on the other hand.

3.2 Policy paper promoted digitalisation

Secondly, it is possible to distinguish an approach whereby the Cabinet of Ministers (that is the highest executive body of the country) encourages digitalisation by adopting special policy papers. As mentioned before, the Latvian government has adopted Digital Transformation Guidelines 2021–2027. This document takes the form of an executive order.

Legally, the digital transformation plan as an executive order is rather a policy planning document. The digital transformation plan, firstly, designates the Ministry of Environmental Protection and Regional Development as the responsible institution for the implementation of the plan and, secondly, obliges the ministry with defined implementation measures, namely, to present to the Cabinet of Ministers an interim report on the implementation of the order by 31 May 2024.

Regulations Regarding the Public Administration E-services. paras. 2 and 4.

Substantially, the digital transformation plan contains visionary concepts as well as concrete directions of action and tasks to fulfil in order to implement the digital transformation plan. Thus, the transparency of planned activities of the government permits not only the administrative sector but also the private sector (that includes businessmen) to adopt their business perspectives to the common national digital transformation plan.

However, the disadvantage of such an executive order is that the visionary goals and results defined thereof are highly dependent on the amount of available funding. This is also clearly stated in the digital transformation plan itself.

Regulations Regarding the Public Administration E-services, introductory part.

Therefore, it is possible to conclude that these policy papers transparently establish the trajectory of the development, but do not guarantee or promise the result itself.

3.3 Technology-neutral language in legislation

In the authors' view, it is possible to distinguish an approach whereby technology-neutral language in legislation is used to ensure that existing or planned legislation in the administrative law domain, on the one hand, does not burden or restrict in any way technological advancements in practice, and on the other hand, does not prioritise technological advancements on the expense of administrative rights of individuals.

The term ‘technologically neutral regulation’ was used in the context of European electronic communications and was explained by Directive 2002/21/EC

Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive). Today, the regulation is repealed by the Directive 2018/1972 of 11 December 2018 establishing the European Electronic Communications Code.

whereby it was stated that ‘Member States must ensure that national regulatory authorities take the utmost account of the desirability of making regulation technologically neutral, so that it neither imposes nor discriminates in favour of the use of a particular type of technology, does not preclude the taking of proportionate steps to promote certain specific services where this is justified.’

Directive 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services, recital 18. Available at: https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32002L0021, last accessed 27.08.2023.

In legal literature, the technology-neutral language is seen as an opposite to technology-specific legislation that refers to specific types or classes of technology

The Benefits and Challenges of Technology Neutral Regulation - A Scoping Review./ Puhakainen, Essi; Väyrynen, Karin Elisabeth. Twenty-fifth Pacific Asia Conference on Information Systems, 2021. p. 1.

whereas technology-neutral language focuses on more general terms and general characteristics such as purpose and functions.

Technology-neutral legislation is seen as a solution to legislators' never-ending fight to keep up with the development and changes in technology.

In this context, the Latvian Administrative Procedure Law is designed and maintained as a technology-neutral law.

First, the general terms such as an ‘administrative act’ and ‘factual action’ are designed in a way that would cover both acts by human beings and technologies. Thus, even if administrative acts are adopted by technological means (such as automated passport control machines at customs and border protection points that streamline the entry process), such acts will be subjected to the Latvian Administrative Procedure Law and might be equally reviewed by the national administrative courts. At the moment, the Administrative Procedure Law does not distinguish acts adopted by human beings or technologies and thus does not exempt technologies from respecting basic principles of administrative law when adopting administrative acts or carrying out factual actions.

Secondly, The Latvian legislator decided to include in the Administrative Procedure Law catalogue of principles of administrative law that are explained in a very simple and comprehensive manner, such as the principle of equality and non-discrimination (Article 6), the principle of rule of law (Article 7), the principle of protection of legitimate expectations (Article 10), the principle of proportionality (Article 13), principle of procedural equity (Article 14-1), etc. Such a legislative tactic, in the authors’ view, facilitates, on one hand, the work of technology developers who are not lawyers, and, on the other hand, individuals encountering technologies developed by national agencies: principles are easier to consider (unlike very specific provisions of laws) while the technologies are developed (‘development’ stage) as well as easier to consider when the technology is employed towards the individual (‘employment’ stage).

For example, if the national agency has developed a mobile application for the public that by accident or mistake works only for iPhone, but not for Android (or reverse), it is easier for an individual to claim that this act of the state constitutes a breach of the principle of non-discrimination (and thus possibly as a factual action defined by the Article 89 of the Administrative Procedure Law is a subject for administrative review in the higher institution).

Thirdly, what relates to electronic communication between state authorities, courts and individuals, the Administrative Procedure Law usually states the form of communication, but never the tool itself. For example, Article 210 permits the use of a videoconference regime for adjudicating cases, but not the specific videoconference tool. Similarly, several articles permit the use of electronic mail and signatures, but not the specific trustful service providers. Thus, procedures leave space for competition for different service providers and future technological developments.

The term ‘technologically-neutral legislation’ is also referred to in national case law and thus is familiar to national courts. It is possible to observe that the term has been referred both to procedural laws as well as to material laws. For example, as for procedural laws, the term refers to the form of evidence, such as the form of fixing the sound to materialise it in copyright disputes.

Judgment of the Supreme Court of 28 December 2017, case No. C31553112, para. 6.1.

As for the material laws, the term was referred to in cases concerning personal data protection (as to the form and means on how third parties can reach personal data or the personal data is disclosed,

Judgment of the Administrative District Court of 18 June 2021, case No. A420230820, para 11; Judgment of the Administrative Regional Court of 24 February 2022, case No. A420230820, para 8.

automatisation level of processing of personal data

Judgment of the Administrative District Court of 9 July 2021, case No. A420275120, para 7;

) and electronic communications (as to the form how the sound is broadcast

Judgment of the Supreme Court of 28 December 2017, case No. C31553112, para 6.1.

or the form of the broadcast itself that can be technology specific and require licencing,

Judgment of the Supreme Court of 17 January 2017, case No. C27184811, point 8.

and granting the right to use Megahertz (MHz) frequencies

Judgment of the Administrative Regional Court of 24 February 2012, case No. A43004111, point 13.

). Thus, the term ‘technologically neutral regulation’ is not only a theoretical perspective but is implemented into reality by all level courts.

4. Assessment of the Proposed EU Regulation on Artificial Intelligence

At present time, the European Commission’s proposed regulation laying down harmonized rules on artificial intelligence (the so-called Artificial Intelligence Act) is undergoing negotiations.

This initiative aims to ensure that the rapidly developing artificial intelligence (AI) is developed and subsequently used within an appropriate legal framework that stimulates trustworthy Artificial Intelligence in the single market.

Before the regulation is adopted and clear rules are laid down, it is not possible to comprehensively assess how it will supplement national administrative law and whether the AI regulation will fill (sufficiently) in any detected gaps. However, it is possible to anticipate at least a few aspects in this regard.

According to the Governmental informative report ‘On the development of Artificial Intelligence Solutions’ adopted in 2019, it is planned that AI will be specifically employed for various administrative tasks. For example, AI is already used and will be used more extensively for virtual assistants that consult clients of state administrative institutions and have ultimate access to various state-held databases and registers.

Governmental informative report ‘On the development of Artificial Intelligence solutions’, p.11. Available at: https://www.varam.gov.lv/lv/jauns-informativais-zinojums-par-maksliga-intelekta-risinajumu-attistibu (in Latvian), last accessed 27.08.2023.

For this purpose, the government continues to improve the state administration language technology platform Hugo.lv which provides machine translation, speech recognition and synthesis that will enable virtual assistants to communicate with individuals verbally.

Advantages provided by AI will be employed to analyse, control and improve road safety

Governmental informative report ‘On the development of Artificial Intelligence solutions’, p.12. Available at: https://www.varam.gov.lv/lv/jauns-informativais-zinojums-par-maksliga-intelekta-risinajumu-attistibu (in Latvian), last accessed 27.08.2023.

as well as to empower the State Tax Administration to fight shadow economy and money laundering.

It is also planned that artificial intelligence will have access to such sensitive information as health data to diagnose and prevent, for example, cancer risks.

Thus, it is inevitable that currently and in the foreseeable future AI will significantly affect several fundamental rights, such as the right to human dignity, the right to privacy, the protection of personal data, the principle of equality and non-discrimination, the right to a fair trial, the general principle of good administration, as well as will pose several safety and transparency concerns in such domains as planning, health care and transport.

As for the assessment of how the proposed regulation will supplement national administrative law, it is possible to distinguish at least three different perspectives.

Firstly, Latvia, like all the EU Member States, will have to establish or designate a new national competent authority for the purpose of ensuring the application and implementation of the regulation (as proposed by Article 59 of the proposed regulation), thus introducing a brand-new level of protection for its citizens and transparency for businesses.

Secondly, it is possible to claim that practically the AI itself and its enhanced use that is promoted by the EU regulation will help the public administration to perform already established governmental tasks more efficiently. For example, it is clear that the public administration has an uncontested obligation to implement road safety measures and control the drivers. However, artificial intelligence has the potential to help the public administration perform this already existing function more efficiently in a way of collecting and analysing data as well as performing automated decision-making in order to punish lawbreakers. Also, it is clear that public administration has a public function to guide individuals and address their petitions. However, Artificial Intelligence has the potential to undertake some of specific functions via, for example, virtual consultants to ease the work of public servants and let them address more complicated and time-consuming public functions, thus, optimizing the work of public administration.

Thirdly, it is obvious that the proposed regulation will supplement national administrative law by establishing a novel administrative law framework for the use of AI. The current national legal framework in Latvia seems to be more focused on digitalisation generally (such as databases and e-services), whereas AI is seen as only one of the several services. However, the coming regulation seems to be more focused on one specific and complicated service, thus offering a new concept. In other words, AI cannot be ‘put in one basket’ together with other digitisation services as equal.

The proposed regulation clarifies the notion of ‘artificial intelligence systems’, prohibited practices as well as high-risk AI systems. Further, the proposed regulation sets standards for trustworthy Artificial Intelligence: risk management systems,

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, Article 9. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206, last accessed 27.08.2023.

technical documentation before the system is placed on the market or put into service,

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, Article 11. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206, last accessed 27.08.2023.

record-keeping requirements,

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, Article 12. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206, last accessed 27.08.2023.

transparency requirements toward users of human oversight,

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, Article 13 and 14. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206, last accessed 27.08.2023.

obligations of providers, users and other parties,

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, Chapter 3. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206, last accessed 27.08.2023.

and what is more important, imposes the protection of fundamental rights when Artificial Intelligence technology is developed and used.

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, for example, Article 7, 14, 62. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206, last accessed 27.08.2023.

Even though there are similar administrative requirements in place at the national level for secure and trustworthy e-services, the proposed regulation sets a new standard for Artificial Intelligence at the international level and thus this standard will have far-reaching consequences in a way of being a source of inspiration for different services at the national level, such as technology and digitalisation advancements as well as e-services, even though they are not directly related to Artificial Intelligence.

5. Closing Remarks

To conclude, the authors would like to make three suggestions for future public digitalisation.

First, at the current stage, it appears that adjusting administrative law as well as digitalisation itself is highly fragmentary in the Nordic-Baltic region. Each individual country in the region sets its priorities, digitalisation measures, levels of digitalisation and the measures to protect human rights. Different levels of legal protection can consequently affect the regional pace of digitalisation as well as hinder the harmonisation of the EU internal market.

To tackle this problematic aspect, authors see the chance to continue researching the digitalisation of administrative law in the region, developing special model rules on the digitalisation of administrative law in the Nord-Baltic region (similarly as it was done by ReNEUAL model rules on EU administrative procedure).

Such digitalisation model rules developed by legal researchers shall contain authoritative provisions regarding not only the possible rules for different administrative law aspects, such as previous assessment of human rights impact before digitalisation solution is introduced; cross border cooperation between two authorities; information management in governmental databases; minimum technical and safety requirements; previous testing processes, etc.; but also principles for legislators developing administrative law, such as how to efficiently develop technologically neutral legislation etc. The development of common digitalisation principles is particularly important in domains that affect mobility, such as transport, tourism, movement of employees etc.

Development of such special model rules on the digitalisation of administrative law in the Nordic-Baltic region can lead to more foreseeability and clarity for businesses and programmers as well as serve as a good regional practice to other EU Member States.

Second, the existing case law of Latvian courts shows that different regulatory initiatives related to digitalisation were insufficiently considered by legislators and thus can jeopardize fundamental rights. The Achilles heel is the proportionality test and the (lack of) sufficient procedural guarantees for individuals.

Taking into account ever faster development of technologies and the accompanying regulations, policymakers should develop a more 'human-centric' approach not only to AI as proposed in the Artificial Intelligence Act but also to all advancements of technologies to ensure that the sectorial administrative laws mitigate the risks to fundamental rights. This can be achieved, firstly, by stricter impact assessment requirements for policymakers and legislators as well as, secondly, more clear and foreseeable rules for the possibility of contesting digital measures that infringe fundamental rights.

Finally, digitalisation processes in the administrative sector tend to be very frequent and fragmentary. At the same time, digitalisation seems to be intervening in all the processes of everyday businesses and life. This makes us reconsider whether digitalisation reforms should be seen as separate and independent at all. Instead, digitalisation reforms could be seen as a supplementing element of any reform taking place, be it reform of the health sector or judiciary. Thus, the administrative sector should have a strong vision that whenever any reform takes place, digitalisation aspects are an inherent part of it.