Latvian Criminal Record Checks: What Employers Should Know

Latvian Criminal Record Checks: Information for Employers #

General Information #

In Latvia, employers may require criminal record checks for prospective or current employees, especially for positions that involve working with vulnerable populations (e.g., children, elderly) or handling sensitive information or assets. The legal basis for such checks is usually tied to specific laws governing certain professions or sectors.

Legal Basis and Regulations #

The primary law governing criminal records in Latvia is the Criminal Procedure Law (Kriminālprocesa likums). Additionally, specific laws regulating certain professions (e.g., education, healthcare, security services) may mandate criminal record checks.

Key Legislation:

• Criminal Procedure Law (Kriminālprocesa likums): Defines the procedures for criminal proceedings and the handling of criminal records.
• Law on Protection of Personal Data (Fizisko personu datu apstrādes likums): Governs the processing of personal data, including criminal record information, ensuring compliance with data protection principles.

How Employers Can Obtain Criminal Record Checks #

Employers cannot directly access an individual’s criminal record. Instead, the individual must request the criminal record check themselves and provide it to the employer. The process typically involves:

1. Application: The individual applies for a criminal record certificate (sodāmības reģistra izziņa) from the Ministry of Interior or its designated institutions.
2. Submission: The application can usually be submitted online, in person, or by mail.
3. Information Required: The applicant must provide personal identification information and the purpose for which the certificate is required.
4. Certificate Issuance: The certificate is issued, detailing any criminal convictions or pending criminal proceedings.
5. Delivery to Employer: The individual then provides this certificate to the employer.

Permissible Use of Criminal Record Information #

Employers must adhere to strict guidelines regarding the use of criminal record information:

• Relevance: The criminal record information must be relevant to the job requirements. For example, a conviction for fraud might be relevant for a financial position but not necessarily for a manual labor job.
• Confidentiality: Employers must maintain the confidentiality of criminal record information and protect it from unauthorized access.
• Non-Discrimination: Employers cannot discriminate against individuals based on their criminal record unless the record directly relates to the job’s requirements and responsibilities.

Data Protection Considerations #

The processing of criminal record data is subject to the Law on the Protection of Personal Data, which implements the General Data Protection Regulation (GDPR). Employers must:

• Lawful Basis: Have a lawful basis for processing criminal record data, such as a legal obligation or the individual’s explicit consent.
• Data Minimization: Only collect criminal record information that is necessary for the specific purpose.
• Storage Limitation: Retain criminal record information only for as long as necessary.
• Security: Implement appropriate technical and organizational measures to protect criminal record data from unauthorized access, loss, or destruction.
• Transparency: Inform the individual about the processing of their criminal record data, including the purpose of the processing, the categories of data processed, and their rights under the GDPR.

Specific Professions and Requirements #

Certain professions in Latvia have specific legal requirements for criminal record checks:

• Education: Individuals working in educational institutions (e.g., teachers, administrators) are typically required to undergo criminal record checks to ensure the safety and well-being of children.
• Healthcare: Healthcare professionals may be required to undergo criminal record checks, particularly if they work with vulnerable patients.
• Security Services: Employees in security services (e.g., security guards, private investigators) are subject to mandatory criminal record checks.
• Childcare Services: Those working in childcare facilities must undergo thorough background checks, including criminal record checks.

Consequences of Non-Compliance #

Failure to comply with the legal requirements regarding criminal record checks and data protection can result in:

• Fines: Imposed by the Data State Inspectorate (Datu valsts inspekcija) for violations of data protection laws.
• Legal Action: Lawsuits from individuals who have been discriminated against or whose data has been mishandled.
• Reputational Damage: Negative publicity and loss of trust from employees and the public.

Resources and Further Information #

• Ministry of Interior (Iekšlietu ministrija): For information on obtaining criminal record certificates.
• Data State Inspectorate (Datu valsts inspekcija): For information on data protection regulations. https://www.dvi.gov.lv/en
• Criminal Procedure Law (Kriminālprocesa likums): The primary law governing criminal procedures and records.
• Law on the Protection of Personal Data (Fizisko personu datu apstrādes likums): Governs the processing of personal data.

Disclaimer: This information is for informational purposes only and does not constitute legal advice. Employers should consult with legal counsel to ensure compliance with all applicable laws and regulations.