LatviaInformation Society Services Law (Informācijas sabiedrības pakalpojumu likums), Article 7.1, Consent for Storing Information in Terminal Equipment
7. 1 pants, Informācijas sabiedrības pakalpojumu likums
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- Obtain the subscriber's or user's consent, after giving clear and comprehensive information about the purpose of the processing, before storing information in their terminal equipment or gaining access to information stored there (article 7.1, paragraph 1).
- No consent is needed where the storing or access is necessary to ensure the circulation of information in an electronic communications network, or for an intermediary service provider to supply the service the subscriber or user requested (article 7.1, paragraph 2).
These lines are LexLint's reading of the law's text, as of . Also read by: Datu valsts inspekcija (DVI) (guidance, recorded ); Case C-673/17 Planet49, judgment of the Court of Justice of (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
The Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs) and the State Data Inspectorate (Datu valsts inspekcija) supervise the circulation of information society services within their competence, and a supervisory authority that finds a violation may order the service provider to end it (articles 12 and 13).
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0673
- Guidance link
- https://www.dvi.gov.lv/lv/media/1517/download
- Case citation
- Case C-673/17 Planet49, judgment of the Court of Justice of
- Guidance body
- Datu valsts inspekcija (DVI)
What this law does
Article 7.1(1) of the Information Society Services Law (Informācijas sabiedrības pakalpojumu likums) allows storing information in a subscriber's or user's terminal equipment, or gaining access to information stored there, only where the subscriber or user has consented after receiving clear and comprehensive information about the purpose of that processing, in accordance with the personal data protection law the provision names.
Article 7.1(2) removes the need for that consent where storing or accessing the information is necessary to ensure the circulation of information in an electronic communications network, or for an intermediary service provider to supply the service the subscriber or user requested. Article 7.1 is in the wording of the law of , as amended by the law of , which took effect on . The law of took effect on .
Article 12(1) has the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), the State Data Inspectorate (Datu valsts inspekcija) and other supervisory and control authorities supervise the circulation of information society services within their competence.
Article 13(1) lets a supervisory authority that finds a violation of the Law require the information needed and order the service provider to end the violation or take specific action to remedy it, within a time limit it sets.
When LexLint raises it
When your app profile says your app tracks devices.