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Latvia

Informacijas atklatibas likums (Freedom of Information Law)

Informacijas atklatibas likums (Freedom of Information Law), Latvijas Vestnesis 334/335, 06.11.1998

RTI Rating: 69 (source)

Response Timeline

Initial Response
15 days
Extension
15 days
Residency Required
None

Section 14 sets tiered calendar-day deadlines. If the information requires no additional processing, it must be provided within 15 calendar days. If additional processing is needed, the institution must notify the applicant within 15 days and then has up to 30 calendar days total to respond (effectively a 15-day extension). A shorter 10-day deadline applies when the request is made electronically and requires no processing. Within 7 days the institution must inform the applicant if the information cannot be provided, is held by another institution, or direct the applicant to where the information is available. The law does not distinguish between working days and calendar days; all deadlines are calendar days.

How to Submit a Request

Accepted Methods

  • {'notes': 'Section 11(1). Must be registered by the institution upon receipt.', 'method': 'written'}
  • {'notes': 'Section 11(1). Permitted for generally accessible information only; restricted-access information must be requested in writing.', 'method': 'oral'}
  • {'notes': "Section 11(1). Treated equivalently to written requests. Section 11.2(2) requires institutions to consider the applicant's preferred method of receiving information.", 'method': 'electronic'}

Requests may be submitted in writing, orally, or electronically (Section 11(1)). No justification is required for generally accessible information (Section 10(3)). For restricted-access information, the request must be in writing and must state the grounds and intended purpose (Section 10(4)). The institution must register written and electronic requests upon receipt.

Required Elements

  • Applicant given name and surname, or firm name (Section 11(3))
  • Address where the information is to be sent (Section 11(3))
  • Applicant signature (Section 11(3))
  • Information requested, formulated as precisely as possible (Section 11(1))

Optional Elements

  • Preferred manner of receiving information (Section 11.2(2))
  • Grounds and purpose (required only for restricted-access information per Section 10(4))

Fees

Generally accessible information requiring no additional processing is provided free (Sec. 13(1)). Where additional processing is required, fees may not exceed production and processing costs -- specifically the costs of collection, reproduction, and dissemination. Fees may NOT include legal or political analysis costs (Sec. 13(2)). The Cabinet of Ministers sets fee schedules centrally; individual institutions cannot set their own rates (Sec. 13(4)). Rates set by Cabinet Regulation No. 940 (21 November 2006), amended by Cabinet Regulation No. 842 (17 September 2013, effective 1 January 2014, converting to EUR). Full prepayment (100%) is required; invoices payable within 20 business days.

Fee Waivers

  • Full fee exemption for persons with certified disability status
  • Full fee exemption for participants in Chornobyl nuclear disaster liquidation
  • Full fee exemption for pensioners earning below the minimum wage
  • Full fee exemption for persons classified as impoverished (maznodrošinats or trucigs)
  • Full fee exemption when information is requested for child protection purposes
  • Full fee exemption for replacement of documents lost due to accidents or unlawful actions
  • 50% fee reduction for politically repressed persons
  • 50% fee reduction for legal guardians and custodians

Exemptions

  • Information restricted by law (Sec. 5(2)(1))
    Information granted restricted access status by another law, including the Law on Official Secrets covering state secrets classified at confidential (5 years), secret (10 years), and top secret (20 years) levels.
  • Internal institutional use (Sec. 5(2)(2), Sec. 6)
    Documents prepared during decision-making processes, advisory opinions, expert reports, and inter-institutional correspondence. Restriction lapses automatically once the decision is made or the document is transmitted (Sec. 6(3)).
  • Commercial secrets (Sec. 5(2)(3), Sec. 7)
    Information constituting a commercial secret where disclosure would significantly adversely affect competitiveness. Public procurement information cannot be classified as commercial secret. The merchant must have indicated the status when providing the information (Sec. 7(3)).
  • Private life of natural persons (Sec. 5(2)(4), Sec. 8)
    Information concerning the private life of natural persons. Broad categorical exemption without a specific harm test.
  • Certifications, examinations, and tenders (Sec. 5(2)(5))
    Information related to certifications, examinations, submitted projects, invitations to tender, and other assessment processes.
  • NATO/EU classified information (Sec. 5(2)(7))
    NATO or European Union classified information, including documents marked "NATO UNCLASSIFIED" or EU "LIMITE".
  • Information for official use only (Sec. 8.1)
    Information designated "for official use only" (dienesta vajadzibam). Added by 20 April 2023 amendments, replacing former Sec. 5(2)(6).

Latvia's exemption framework has significant structural weaknesses (RTI Rating: 14/30 on exceptions). HARM TEST: The law does NOT require a mandatory harm test (0/4 on RTI indicator 30). Exceptions are broadly framed. PUBLIC INTEREST OVERRIDE: The law contains NO public interest override (0/2 on RTI indicator 31). PARTIAL ACCESS: Section 10(4) mandates partial disclosure: "If the entirety of the requested information also includes restricted access information, the institution shall provide only that part which is generally accessible." TIME LIMITS: Restricted access status may not exceed one year (Sec. 5(4)), extendable before expiration. Internal-use restrictions (Sec. 6) lapse when the decision is made. Information already publicly accessible cannot be reclassified as restricted (Sec. 5(6)). The 2023 amendments deleted former Sec. 5(2)(6) and added Sec. 8.1 for "official use only" information.

Appeal Process

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Latvia has NO dedicated independent FOI oversight body (no information commissioner). RTI Rating Appeals: 4/30. The appeal pathway relies entirely on the general Administrative Procedure Law. FOI Law s.15 provides: "An administrative act issued regarding refusal to provide the information may be contested or appealed in accordance with the Administrative Procedure Law." FOI cases use a special two-level judicial review (District Court to Supreme Court Senate, bypassing Regional Court). Burden of proof is on the requester, not the government (RTI Rating indicator 48: 0/2). The Ombudsman (Tiesibsargs) may investigate complaints but has no binding enforcement power and is not a specialized FOI body.

Records Retention

Retention Law
Arhīvu likums (Archives Law)
Authority
Latvijas Nacionālais arhīvs (National Archives of Latvia)

Latvijas Vēstnesis, Nr. 36, 3. marts 2010 (spēkā no 01.01.2011.)

View retention law →

Sources & References