Privacy policy

APPROVED
by the Ministry of Defence
Order No 47-R
of 7 July 2021.

Privacy policy of the Ministry of Defence

I. General provisions

1. The aim of the privacy policy is to provide data subjects (hereinafter – you) with the information regarding the purposes for which the Ministry of Defence obtains personal data, amount of data and data processing period, data protection, as well as to inform you about your rights and obligations.
2. While processing personal data, the Ministry of Defence adheres to the existing laws and regulations of the Republic of Latvia, Regulation (EU) 2016/ 679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free circulation of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter – GDPR), as well as other laws and regulations in the field of privacy and personal data processing.
3. Privacy policy of the Ministry of Defence applies to every natural person, whose data are processed by the Ministry of Defence, and it pertains to personal data processing, irrespective of the form you or any other natural person has provided personal data, for instance, in paper form, electronically, via phone or any other form.
4. The policy of the Ministry of Defence on the use of cookies is available in the Ministry of Defence website section "Policy on the use of cookies".

II. Controller’s identity and contact details

5. Controller’s identity and contact details: Ministry of Defence, reg. No 90000022632, 10/12 Kr. Valdemara street, Riga, LV – 1473, phone number: 67335113, website address: www.mod.gov.lv, e-mail address: pasts@mod.gov.lv.
6. In order to contact data protection specialists of the Ministry of Defence, you are welcome to write to: datuspecialisti@mod.gov.lv. Data protection specialists of the Ministry of Defence do not provide consultations of general nature to other persons regarding the compliance of personal data processing with the GDPR or Personal Data Processing Law, but they perform tasks stated in Article 39 of the GDPR, as well as provide general information pertaining to personal data processing carried out by the Ministry of Defence.

III. Purposes of data processing that data and data types serve

7. The Ministry of Defence processes the following personal data for the following purposes:
7.1. First name, surname, identification number, contact details, work experience, education (including courses and certificates), language skills, other information, as well as the information that you wish to provide to the Ministry of Defence – in order to ensure personnel (candidates’) selection procedure and to guard your legal interests, as far as they are concerned with personnel (candidates’) selection procedure.
7.2. First name and surname and other information, required for signing agreements, - in order to establish a contractual relationship.
7.3. First name, surname, identification number, address, as well as information that you have provided yourself, and the information necessary for the Ministry of Defence in order to fulfil a legal obligation - in order to fulfil a legal obligation relevant to the Ministry of Defence.
7.4. First name and surname and other information – in order to complete a task which is carried out in the public interests or implementing official authority legally delegated to the Ministry of Defence.
7.5. First name, surname, as well as other information – in order to serve legitimate interests, for instance, while engaging in internal and external communication and implementation of its elements; enhancement of corporate culture; protection of property and person’s vitally important interests, including their life and health and others.
7.6. Data of a special category, processing of which is determined by laws and regulations – in order to fulfil obligations of the Ministry of Defence and safeguard specific rights of the Ministry of Defence or you in the fields of employment, social security and social protection rights, as well as to represent significant public interests.

IV. Legal basis for data processing

8. Legal basis for personal data processing carried out by the Ministry of Defence.
8.1. Purpose of personal data processing – in order to ensure personnel (candidates’) selection procedure and to guard your legal rights, as far as they are connected with personnel (candidates’) selection:
8.1.1. On becoming a candidate, your personal data processing is necessary to fulfil legal obligation pertinent to the Ministry of Defence (Article 6 (1)(c) of the GDPR; State Civil Service Law and labour Law);
8.1.2. Upon receiving your application as a candidate, the Ministry of Defence develops legal interest to process the application submitted by you, evaluating the information provided in it, and organizing and conducting an interview, providing itself with evidence that substantiate legal conduct of the respective process. In the event of a dispute, the information obtained during the selection procedure may be used to reflect a legal conduct of the respective process (Article 6 (1)(f) of the GDPR).
8.1.3. In case you do not pass the selection procedure, you had applied for, as a candidate you may give permission to process your previously submitted data for further selection procedures (Article 6 (1)(a) of the GDPR).
8.2. The purpose of personal data processing – in order to establish a contractual relationship (Article 6 (1)(b) of the GDPR).
8.3. The purpose of personal data processing – in order to fulfil legal obligation pertinent to the Ministry of defence. Your personal data processing is necessary for the Ministry of Defence to fulfil its functions and tasks delegated to it by Regulation of the Cabinet of Ministers No 236 of April 29, 2003 “By-laws of the Ministry of Defences” and established by other rules and regulations (Article 6 (1)(c) of the GDPR).
8.4. The purpose of personal data processing – in order to complete a task that is performed to safeguard public interests or while exercising official authority legally delegated to the Ministry of Defence (Article 6 (1)(e) of the GDPR).
8.5. The purpose of personal data processing – in order to safeguard controller’s or third person’s legitimate interests. Processing of your personal data is necessary for the Ministry of Defence to honour legitimate interests (Article 6 (1)(f) of the GDPR).
8.6. The purpose of personal data processing – in order to fulfil controller’s obligations and safeguard controller’s or data subject’s specific rights in the fields of employment, social security and social protection rights, as well as to represent significant public interests (Article 9 (2)(b,g) of the GDPR).

V. Personal data processing, protection and storage

9. The Ministry of Defence implements various technical and organizational security measures for your personal data protection. Your personal data are safely stored, and they are available to a limited number of people - only authorized personnel.
10. The receivers of your personal data are the Ministry of Defence and its authorized personnel, you yourself, data processors, law enforcement and oversight agencies, as well as court in accordance with the procedures set out in laws and regulations.
11. Time period, how long a person’s data will be stored, or, if it is not possible, criteria applied for determining the above-mentioned time period:
11.1. Candidates’ job application documentation (application, CV and others), which has been obtained during the personnel selection procedure, will be partially or fully retained until necessity ceases to exist (in accordance with the case nomenclature), in order to safeguard legal interests of the Ministry of Defences. If the Ministry of Defence receives a complaint regarding a specific personnel selection procedure, then all the information processed during the personnel selection procedure will be retained as long as it is required for the specific case.
11.2. All the information to fulfil a legal obligation pertaining to the Ministry of defence is retained as long as it is required in order to achieve the purpose of data processing in accordance with the applicable laws and regulations.
11.3. Personal data that have been processed with the purpose to observe legitimate interests, are stored as long as it is necessary for achieving the purpose of personal data processing.
11.4. The following criteria are used to determine the length of time period for personal data storage.:
11.4.1. until you or the Ministry of Defence may protect your legitimate interests (for instance, investigation of claims, rights protection, solving issues, bringing the case to court or observing the limitation period etc.) in accordance with the procedure set in external laws and regulations;
11.4.2. as long as one of the parties has a legal obligation to store the data.
As the criteria, stated in this section, are no longer applicable, your personal data are deleted or destroyed, or handed over to the state archive in accordance with the requirements in laws and regulations.
12. You have the following rights:
12.1. to receive the information pertinent to your personal data processing or limiting data processing or rights to object to data processing (including personal data processing that has been carried out on grounds of legitimate interests of the Ministry of Defence ) as specified in the laws and regulations. These rights may be honoured as long as data processing does not result from obligations of the Ministry of Defence that have been imposed on it with existing laws and regulations or that are fulfilled guarding public interests;
12.2. to submit a written request regarding enforcing your rights. The Ministry of Defence accepts documents sent by post, electronic mail (documents signed with a secure electronic signature) or via state administration services portal Latvija.lv. It is also possible to submit them in person at 10/12 Kr. Valdemara street, Riga, LV – 1473;
12.3. to receive your personal data that you have submitted and that are processed in written form or one of the most commonly used electronic formats.
13. The Ministry of Defence will send the reply to you via post to the address of your declared place of residence or your indicated e-mail address (documents signed with a secure electronic signature), if you wish to receive the reply electronically, or by using state administration services portal Latvija.lv.
14. The Ministry of Defence ensures personal data processing and protection in accordance with laws and regulations. If you have a substantiated concern that the Ministry of Defence does not carry out your personal data processing in compliance with requirements of the laws and regulations, you have the right to file a complaint to Data State Inspectorate (www.dvi.gov.lv) 17 Elijas street, Riga, LV-1050.

 

VI. Closing provisions

15. Privacy Policy of the Ministry of Defence is in force as long as it does not pose a threat to national defence and security.
16. The Ministry of Defence is entitled to make changes and amend this Privacy policy, publishing the most current version of the Privacy policy on the Ministry of Defence website.