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Estonia

State Secrets Act

Passed 26 January 1999

(RT1 I 1999, 16, 271),

entered into force 28 February 1999,

amended by the following Acts:

28.06.2004 entered into force 01.07.2004 - RT I 2004, 54, 387;

19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329;

06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300;

17.12.2003 entered into force 05.02.2004 - RT I 2004, 2, 7;

12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147;

22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67;

19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387;

12.06.2002 entered into force 15.08.2002 - RT I 2002, 57, 354;

05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336;

05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643;

14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565;

20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17;

20.10.99 entered into force 05.11.99 - RT I 1999, 82, 752.

Chapter 1

General Provisions

§ 1. Scope of application of Act

This Act provides the definition of a state secret, information which is classified as a state secret, access to state secrets, and the bases of the procedure for the processing of state secrets and classified media.

§ 2. Definitions

In this Act, the following definitions are used:

1) “state secret” means information provided for solely in this Act which requires protection from disclosure in the interests of the national security of the Republic of Estonia and which belongs to the state, is under state supervision or produced by or for the state;

(05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

2) “classified medium” means a document, body of information or other material object which contains a state secret or presents a state secret in electronic form;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

3) “possessor of a state secret” means an agency, institution or legal or natural person who possesses a state secret or classified medium;

4) “need for access” means the need to access or process a state secret if such need arises from employment or service duties, study or research, negotiations related to public procurement and the right arising from law to access a medium containing a state secret in a criminal matter, civil matter, administrative matter or administrative offence matter or to participate in handling information which is classified as a state secret in the course of judicial proceedings or pre-trial proceedings;

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

5) “justified need to know” means the need to know or process a specific state secret or classified medium;

6) “automated systems processing state secrets” means any technical equipment which is used for the automated processing of state secrets, including software or hardware, telecommunications networks, lines or equipment, or an interface or set thereof;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

7) “INFOSEC” means the ensuringe of the availability, confidentiality and integrity of information (state secrets) in the automated systems processing state secrets.

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

Chapter 2

State Secrets

§ 3. Classifications of state secrets

(1) Based on the importance of the information which is classified as a state secret, state secrets are divided in this Act into secrets with different levels of classification as follows:

1) state secrets classified as “restricted”;

2) state secrets classified as “confidential”;

3) state secrets classified as “secret”;

4) state secrets classified as “top secret”.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(2) The classifications specified in subsection (1) of this section are listed in increasing importance of classification.

§ 4. Term of classification of medium

(1) The term of classification of a medium which contains a state secret shall be equal to the term of classification of the state secret contained therein.

(2) The term of classification of a medium shall be deemed to commence as of the date when the medium is registered as a classified medium.

§ 41. State secrets classified as “restricted”

(1) (Repealed - 06.050,2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

(2) Items of information concerning foreign states and international organisations collected and prepared by the Ministry of Foreign Affairs, Ministry of Defence or the Headquarters of the Defence Forces except information the disclosure of which would not damage international relations, are state secrets classified as “restricted”. A medium containing such information shall be classified for thirty years.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

(3) Items of information collected by surveillance agencies on the basis of §§ 115–120 of the Code of Criminal Procedure, and the methods, tactics and technical equipment used for collection thereof to the extent to which such information can be used as evidence, are state secrets classified as “restricted” A medium containing such information shall be classified for twenty-five years. Classification shall expire upon use of such information in a criminal file or communication thereof to the person with regard to whom the surveillance activities were conducted, or the person whose private or family life was violated by the activities.

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

§ 5. State secrets classified as “confidential”

The following items of information are state secrets classified as “confidential”:

1) the crisis management plan of the Ministry of Defence, the Ministry of Internal Affairs, the Security Police Board and the Information Board for action in an emergency. A medium containing such information shall be classified for twenty years. Classification shall expire upon use of the information in an emergency;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

2) the criteria for the immediate calling of the crisis management committee of the Government of the Republic. A medium containing such information shall be classified for ten years;

3) the list, approved by the Government of the Republic, of enterprises and agencies which are of national importance regarding emergency preparedness and the ensurance of the operation of which is of great importance to national security. A medium containing such information shall be classified for ten years;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

4) (Repealed - 22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

5) the war-time structure of the Defence Forces and the National Defence League. A medium containing such information shall be classified for ten years;

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

51) the emergency defence plan. A medium containing such information shall be classified for twenty years;

(12.06.2002 entered into force 15.08.2002 - RT I 2002, 57, 354)

6) the action plan of a military unit in an emergency situation, a state of emergency and war-time. A medium containing such information shall be classified for twenty years. Classification shall expire upon declaration of an emergency situation, state of emergency or state of war;

7) (Repealed - 20.10.99 entered into force 05.11.99 - RT I 1999, 82, 752);

8) the mobilisation plan of the Defence Forces and the National Defence League to the extent of a defence district or county. A medium containing such information shall be classified for twenty-five years;

9) the communications plan of a defence district and the communications scheme of a military unit. A medium containing such information shall be classified for twenty years;

10) the evacuation plan of an agency which possesses a state secret for evacuating media containing a state secret. A medium containing such information shall be classified for twenty years;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

11) the information and communications technology sub-projects of the integrated air surveillance system of the air force. A medium containing such information shall be classified for twenty-five years;

12) (Repealed - 20.10.99 entered into force 05.11.99 - RT I 1999, 82, 752);

13) plans of buildings, rooms, constructions, security and communications systems and other communications in the possession or use of the Security Police Board or the Information Board. A medium containing such information shall be classified for fifty years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

14) plans of security and communications systems of the Ministry of Foreign Affairs and the Ministry of Defence (including foreign missions). A medium containing such information shall be classified for fifty years;

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

15) plans of weapons and ammunition warehouses, security and communications systems and other communications of the Defence Forces, the National Defence League and the Border Guard. A medium containing such information shall be classified for twenty-five years;

16) the total number of and consolidated data concerning the dwellings of the employer of the Security Police Board and the Information Board. A medium containing such information shall be classified for ten years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

17) the total number of, consolidated data concerning and registration and use in surveillance of the emergency vehicles of the Security Police Board, and means of transport used for the direct conduct of surveillance activities, and information concerning such means of transport. A medium containing such information shall be classified for ten years;

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

18) information relating to the use and location, and technical information concerning automated systems processing state secrets if the possession of such information would enable INFOSEC to be endangered. A medium containing such information shall be classified for twenty-five years;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147; 06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

19) co-operation of the Minister of Defence as the authorised representative of national security, the Defence Forces, the Security Police Board, the Information Board and the official of the State Chancellery who co-ordinates the activities of security authorities with the security authorities of foreign states. A medium containing such information shall be classified for fifty years unless otherwise agreed with the corresponding state.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

20) information about the import, export and transit of strategic goods, the export of services related to military goods and end-use of strategic goods collected or prepared by the Strategic Goods Commission operating at the Ministry of Foreign Affairs, except information the disclosure of which would not damage international relations or national security. A medium containing such information shall be classified for thirty years.

(17.12.2003 entered into force 05.02.2004 - RT I 2004, 2, 7)

§ 6. State secrets classified as “secret”

The following items of information are state secrets classified as “secret”:

1) the action plan for carrying out mobilisation. A medium containing such information shall be classified for thirty years. Classification shall expire upon declaration of mobilisation;

2) the war-time composition of the Defence Forces and the National Defence League. A medium containing such information shall be classified for ten years;

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

3) summaries of risk analyses by the ministries and counties, and that part of the risk analyses which describes the threats to constitutional order, the measures planned and the need for resources in order to prevent such threats and resolve emergencies arising therefrom. A medium containing such information shall be classified for ten years;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

4) strategic and military research, and information concerning the distribution of funds allocated from the state budget to conduct such research. A medium containing such information shall be classified for fifteen years;

5) the list and quantities of the security stockpile and the mobilisation stockpile. A medium containing such information shall be classified for ten years;

6) information concerning static weapons and arcs of fire thereof. A medium containing such information shall be classified for twenty years;

7) the communications plan of the Defence Forces and the National Defence League. A medium containing such information shall be classified for thirty years;

8) the location, connections and connection points of automated systems processing state secrets, and information concerning the configuration, capacity, frequencies and other parameters thereof. A medium containing such information shall be classified for thirty years;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

9) Information collected by the Security Police Board and the Information Board in the manner provided for in §§ 25 and 26 of the Security Authorities Act, and the part of the methods, tactics and technical equipment used for collection thereof whose character can be derived from the information collected, the methods and tactics used in the course of surveillance by Security Police Board and the technical equipment used thereby exclusively for the collection of information and the technical equipment specially adapted for such purposes, except for the information described in subsection 41 (3) of this Act. A medium containing such information shall be classified for twenty-five years.

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

10) the composition of the structural unit of the General Staff of the Defence Forces which deals with intelligence and counter-intelligence, with the exception of the administrative division. A medium containing such information shall be classified for twenty-five years;

11) the structure of the Security Police Board and the Information Board, with the exception of those structural units which are published in the statutes of the corresponding security authority. A medium containing such information shall be classified for twenty-five years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17; 22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

12) duties which have been imposed on the structural unit of the General Staff of the Defence Forces which deals with intelligence and counter-intelligence and the structural units of the Security Police Board and the Information Board, and the specific employment duties of the staff of such structural units and persons who are in service there. A medium containing such information shall be classified for twenty-five years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

13) the total number of and consolidated data concerning staff of the Security Police Board and the Information Board and the composition of staff performing duties related solely to surveillance. A medium containing such information shall be classified for twenty-five years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

14) the total number of weapons and the total ammunition of the Defence Forces, the National Defence League, the Security Police Board and the Information Board and the Border Guard, information concerning the distribution thereof, and the total amount of special police equipment of the Security Police Board. A medium containing such information shall be classified for ten years;

(20.10.99 entered into force 05.11.99 - RT I 82, 752, 1363; 20.12.2000 entered into force 01.03.2001 - RT I 1999, 2001, 7)

15) any classification of the budget expenditure of the structural unit of the General Staff of the Defence Forces which deals with intelligence and counter-intelligence, the Security Police Board or the Information Board. A medium containing such information shall be classified for fifty years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17; 22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

16) the state asset management plan of the Security Police Board and the Information Board. A medium containing such information shall be classified for ten years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

17) information concerning a person who has submitted a personal confession concerning service in security or intelligence organisations or co-operation therewith to the Security Police Board pursuant to the procedure provided for in clause 5 (2) 1) of the Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Intelligence or Counter-intelligence Organisations of Security Organisations or Military Forces of States which Have Occupied Estonia Act (RT I 1995, 17, 233; 1999, 16, 271; 2002, 50, 314; 61, 375), unless the person who was in service in security or intelligence organisations or co-operated therewith, in relation to such service or co-operation, violated Acts which were in force at the time the person was in such service or committed crimes against humanity or war crimes and the violation of an Act or committing of a crime by the person has been proved by court with a judgment which has entered into force, or unless the person who was in service in the security or intelligence organisations or co-operated therewith was the President of the Republic, a member of the Riigikogu2 or the Government of the Republic, or a justice of the Supreme Court. A medium containing such information shall be classified for fifty years. Classification shall expire if twenty years have passed since the death of a person specified in this clause but not more than fifty years since classification of the medium;

18) a danger prognosis and the list of national priorities for the collection of information prepared by the General Staff of the Defence Forces, the Security Police Board, the Information Board or the State Chancellery. A medium containing such information shall be classified for twenty-five years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

19) co-operation of the General Staff of the Defence Forces, the Security Police Board, the Information Board and the official of the State Chancellery who co-ordinates the activities of security authorities with the security authorities of foreign states. A medium containing such information shall be classified for fifty years unless otherwise agreed with the corresponding state;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

20) Information of the register which is maintained concerning state assets transferred into the possession of the Security Police Board or the Information Board. A medium containing such information shall be classified for twenty-five years.

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

§ 7. State secrets classified as “top secret”

The following items of information are state secrets classified as “top secret”:

1) the national action plan for action in an emergency situation, a state of emergency or war-time, as described in the national crisis management plan. A medium containing such information shall be classified for fifty years. Classification shall expire upon declaration of an emergency situation, state of emergency or state of war;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

2) Methods and tactics for collection of information by the Security Police Board and the Information Board in the manner provided for in §§ 25 and 26 of the Security Authorities Act, and information on the technical equipment used thereby exclusively for the collection of information and the technical equipment specially adapted for such purposes, except for the methods and tactics described in clause 6 (9) of this Act. A medium containing such information shall be classified for fifty years;

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

3) surveillance exercised by the Security Police Board in co-operation with the police and security authorities of foreign states and information exchanged in the course thereof and the collection of information by the Security Police Board or the Information Board in the manner provided for in §§ 25 and 26 of the Security Authorities Act which is done in co-operation with the security authorities of foreign states and information exchanged in the course thereof. A medium containing such information shall be classified for fifty years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

4) electronic databases compiled of information collected in the course of surveillance by the Security Police Board and information collected by the Security Police Board or the Information Board in the manner provided for in §§ 25 and 26 of the Security Authorities Act and information concerning such databases. A medium containing such information shall be classified for fifty years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

5) persons and undercover agents recruited for permanent secret co-operation by the General Staff of the Defence Forces, the Information Board and the Security Police Board and the personal data of such persons and agents. A medium containing such information shall be classified for seventy-five years. Classification shall expire if twenty years have passed since the death of a person specified in this clause but not more than fifty years since classification of the medium;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

6) the connection with the Security Police Board of cover organisations founded on the initiative of the Security Police Board in the course of surveillance and impersonation of a person, agency or body necessary for the performance of functions of the Security Police Board or the Information Board. A medium containing such information shall be classified for fifty years. Classification shall expire upon use of such information in criminal proceedings;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

7) information concerning the location of the cryptographic information system of the Security Police Board and the Information Board, and the system configuration, equipment configuration, capacity and other parameters thereof. A medium containing such information shall be classified for fifteen years;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

8) methods and means used to organise and verify INFOSEC and special telecommunications services. A medium containing such information shall be classified for thirty years.

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

§ 8. Classified information of foreign states

Information originating form a foreign state, the European Union, Nato or another foreign organisation (hereinafter originator of information) which is communicated to Estonia on the basis of international agreements, and whose originator is classified as secret.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

Chapter 3

Expiry of Classification of Medium, Declassification of Medium and Extension of Term of Classification of Medium

§ 9. Expiry of classification of medium

(1) The classification of a medium shall expire after expiry of the term of classification of the medium.

(2) The classification of a medium shall not expire by reason that information contained therein has been unlawfully disclosed or information similar to the state secret contained in the classified medium has been disclosed.

(3) A possessor of a state secret is required to review the classified media in the possession thereof at least once a year and, upon expiry of classification, make a corresponding notation on the classified medium.

§ 10. Bases for premature declassification of information classified as state secret and extension of term of classification

(1) If information which is classified as a state secret no longer requires protection from disclosure in the interests of national security, the information may be declassified prematurely pursuant to the procedure provided for in this Act.

(11) If elements of a criminal offence become evident in information which is classified as a state secret, the possessor of the information shall communicate the information to the competent state agency in accordance with investigative jurisdiction. Information which is communicated must not endanger the security of the persons indicated in the information, and the persons who are or were engaged in the collection of the information, and such information shall not endanger the protection of the state secret.

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

(2) If information which is classified as a state secret also requires protection from disclosure in the interests of national security after expiry of the prescribed term of classification, the term of classification of the information may be extended, but for not more than fifty years altogether.

(3) The provisions of subsection (2) of this section do not extend to information specified in clauses 5 13) and 14), clauses 6 15), 17) and 19) and clauses 7 1)-6) of this Act.

§ 11. Procedure for premature declassification or extension of term of classification of information classified as state secret

(1) The Government of the Republic shall, by a regulation, decide on the premature declassification or the extension of the term of classification of information which is classified as a state secret.

(2) The Government of the Republic may establish the types of information which are classified as state secrets and the premature declassification or the extension of the term of classification of which is decided by the following:

1) a minister, by his or her directive – on issues concerning the area of government of the ministry;

2) the Commander or Commander-in-Chief of the Defence Forces, by his or her directive - on issues concerning the Defence Forces or the National Defence League.

(3) An application to the Government of the Republic for the premature declassification or the extension of the term of classification of information which is classified as a state secret shall be submitted through the minister who directs the ministry of the area of government which the application concerns. In other cases, the application shall be submitted through the Minister of Internal Affairs. A minister has the right to send the application to the Committee for the Protection of State Secrets to hear its opinion.

(4) An application for extension of the term of classification of information which is classified as a state secret shall be submitted to the Government of the Republic, a minister, or the Commander or Commander-in-Chief of the Defence Forces as appropriate at least three months before expiry of the term of classification of the information.

(5) Copies of a decision concerning the premature declassification or the extension of the term of classification of information which is classified as a state secret shall be immediately communicated to all possessors of media which contain such information.

Chapter 4

Protection of State Secrets

§ 12. Organisation of protection of state secrets

(1) The protection of state secrets shall be ensured by the following:

1) compliance with the procedure for access to state secrets, and ensuring INFOSEC;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

2) compliance with and ensurance of the requirements established for the processing of state secrets and classified media;

3) protection of state secrets against unlawful disclosure;

4) imposition of criminal or disciplinary liability for violations of the procedure for access to state secrets or the requirements for processing state secrets and classified media, and for the unlawful disclosure of state secrets.

(2) The procedure for the protection of state secrets shall be established by a regulation of the Government of the Republic. The procedure for the protection of state secrets shall provide:

1) requirements for agencies, institutions and legal persons which possess state secrets in order to organise protection of such state secrets and for INFOSEC;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

2) the specific procedure for the processing of state secrets and classified media;

3) requirements for the storage spaces, delivery, transporters and transportation of classified media;

4) requirements for the organisation of the work of the security authorities and the General Staff of the Defence Forces (§§ 16 and 161) upon exercise of supervision imposed thereon by this Act;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

5) the specific order for the protection of classified information of foreign states, and the specific order for the issue of certificates of access to classified information of foreign states.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

(3) The Minister of Internal Affairs shall approve the work schedule for supervision over state secret protection exercised by the Security Police Board and the rules of procedure of the committee formed in order to exercise supervision.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

§ 121. Protection of classified information of foreign states

Classified information of foreign states shall be protected and processed on the same basis and pursuant to the same procedure as state secrets with the corresponding level of classification, unless otherwise provided by an international agreement or this Act.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

§ 13. Duty to maintain state secrets

(1) Persons who do not have the right to access state secrets but to whom a state secret becomes known are required to maintain the confidentiality thereof.

(2) Persons who do not have the right to access state secrets but who come into possession of a classified medium are required to give the classified medium promptly to the Security Police Board.

§ 14. Duties of persons with right of access to state secrets

(1) A person with the right of access to state secrets is required to:

1) maintain the confidentiality of state secrets which become known to him or her;

2) protect classified media in his or her possession from disclosure and access by unauthorised persons;

3) notify immediately the head of an agency or legal person or a person authorised by the head to organise the protection of state secrets, and the corresponding agency which performs security checks of any person attempting in any way to obtain unlawful access to state secrets;

4) notify immediately the head of an agency or legal person or a person authorised by the head to organise the protection of state secrets, and the corresponding agency which performs security checks of each violation of the requirements of this Act or legislation issued on the basis thereof which becomes known to him or her;

5) notify immediately the corresponding agency which performs security checks of any change in his or her name, residence, seat or postal address.

(2) In addition to the provisions of subsection (1) of this section, a legal person is required to immediately notify an agency which performs security checks of the following changes:

1) merger, division or transformation;

2) changes in the membership of the management board or the supervisory board;

3) bankruptcy or liquidation proceedings commenced with respect to the legal person;

4) changes in the ownership if the holding of a new owner forms at least 5 per cent;

5) proprietary obligations which have arisen and which exceed the average one month's turnover during the preceding financial year.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

§ 15. Duties of agencies, institutions and legal persons which possess state secrets

(1) The head of an agency, institution or legal person which possesses state secrets is required to appoint a person and, if necessary, the deputy of the person who shall organise the protection of state secrets and be responsible for compliance with the requirements established by this Act and legislation issued on the basis thereof, and determine positions where access to state secrets is a prerequisite for employment.

(2) The responsible person specified in subsection (1) of this section shall be directly subordinate to the head of the agency, institution or legal person in issues concerning organisation of the protection of state secrets. If necessary, a structural unit organising the protection of state secrets shall be formed.

(3) In addition to other duties provided for in this Act, agencies, institutions or legal persons which possess state secrets are required, within their competence provided by law and in agreement with the Security Police Board and the General Staff of the Defence Forces, to establish instructions arising from this Act and legislation issued on the basis thereof to regulate access to state secrets and the processing and protection of state secrets.

§ 16. Duties and rights of Security Police Board and General Staff of Defence Forces in organising protection of state secrets

(1) The protection of state secrets shall be organised and supervision over implementation of this Act shall be exercised by the Security Police Board, and in the Defence Forces and the National Defence League, by the General Staff of the Defence Forces, except in the cases specified in §§ 161 and 162 of this Act.

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147; 06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

(2) The Security Police Board and the General Staff of the Defence Forces are required, as appropriate, to:

1) supervise the existence and orderliness of state secret protection programmes and systems in agencies, institutions and legal persons which possess state secrets, and access by employees to state secrets;

2) supervise compliance with requirements for the processing of state secrets and classified media;

3) determine violations of requirements of this Act and legislation issued on the basis thereof;

4) make proposals to the Committee for the Protection of State Secrets for the prevention and elimination of the deficiencies and violations;

5) organise periodic training on issues of the protection of state secrets.

(3) In the course of exercising supervision, the Security Police Board and the General Staff of the Defence Forces have the right to access all necessary information and issue mandatory precepts to the agency, institution and legal person for elimination of a violation or danger of violation of requirements arising from the State Secrets Act.

(4) If, in the course of supervision, violations of requirements established by this Act or legislation issued on the basis thereof are ascertained which may bring about a disclosure of state secrets, the Security Police Board and the General Staff of the Defence Forces, as appropriate, have the right to issue a mandatory precept to the agency, institution or legal person being supervised for suspension of the processing of state secrets and, if necessary, to take the classified media temporarily into storage until establishment of the necessary conditions.

(5) Upon termination of the activities of an agency, institution or legal person which possesses classified media, the classified media shall be taken into storage by the Security Police Board or the General Staff of the Defence Forces as appropriate, or, with the consent thereof, by the National Archives.

(6) The agency which performs security checks shall preserve a list of legal persons to whom access permits have been issued and a list of legal persons whose access permits have expired.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

§ 161. Duties and rights of Information Board in organising protection of state secrets

(1) The Information Board shall organise and verify compliance with the requirements established for INFOSEC, issue or revoke certificates of conformity for automated systems processing state secrets, and monitor the operation thereof, including their construction, use, maintenance, repairs and connections with telecommunications networks.

(2) In order to perform the duties provided for in subsection (1) of this section, the Information Board has the right to access the necessary information at the location of a possessor of a state secret and to issue precepts to the possessor of the state secret for elimination of a violation or the threat of a violation of the requirements arising from this section.

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

§ 162. Authorised representative of national security

(1) The protection of classified information of foreign states is organised and supervised by a structural unit prescribed by the statutes of the Ministry of Defence (hereinafter authorised representative of national security). The authorised representative of national security shall not organise or supervise the exchange of information by security authorities conducted on the basis provided for in § 34 of the Security Authorities Act (RT I 2001, 7, 17; 100, 643; 2002, 61, 375; 2003, 23, 147; 90, 601) unless otherwise provided by an international agreement.

(2) The authorised representative of national security has the following functions:

1) receipt of classified information of foreign states from the originator thereof, processing of and organising access to such information, maintaining records concerning classified information of foreign states and the agencies, institutions, natural and legal persons who possess such information;

2) supervision over the security measures applied by agencies, institutions, natural and legal persons for the protection of classified information of foreign states and access of their employees to such information, including at the representations of Estonia and in the units of the Defence Forces which are outside the territory of the state, and the provision of training in order to guarantee the conformity of the security measures with the requirements set for the protection of classified information arising from this Act, legislation established on the basis thereof and international agreements;

3) in the case of unlawful disclosure of classified information of a foreign state, informing the originator of the information of the circumstances of the disclosure, under the conditions prescribed by the international agreement;

4) issue of certificates of access to classified information of foreign states and informing the originator of the information of the circumstances of grant of access, under the conditions prescribed by the international agreement;

5) performance of other duties imposed thereon by law, legislation issued on the basis thereof, or international agreements.

(3) For performance of the functions provided in subsection (2) of this section, the authorised representative of national security has the right, within the limits of competence provided by subsection (1) of this section, to:

1) examine, in the process of supervision operations, classified information of foreign states communicated to Estonia on the basis of international agreements, and information needed for the protection thereof;

2) obtain, pursuant to the Administrative Co-operation Act (RT I 2003, 20, 117; 82, 552), professional assistance from security authorities and the Headquarters of the Defence Forces within the limits of their competence;

3) issue precepts to agencies, institutions, natural and legal persons for the elimination of a violation or danger of a violation of requirements arising from international agreements or this Act, to suspend the processing of classified information of foreign states or, to take the media containing classified information temporarily into storage until establishment of the required conditions;

4) submit proposals to the Committee for the Protection of State Secrets for the prevention and elimination of the deficiencies and violations upon the protection of classified information of foreign states.

(4) Upon the termination of activities of an agency, institution or legal person in possession of classified information of a foreign state, or on demand of the authorised representative of national security, the media containing classified information shall be immediately transferred to the authorised representative of national security.

(5) An official of the authorised representative of national security has the right to carry a firearm in the performance of official duties, and use it as an extreme measure if performance of the assigned duties is otherwise not possible without endangering his or her life or health in the following cases:

1) for combating criminal attacks which endanger the life of other person or the official himself or herself;

2) for disarming or detaining an armed criminal;

3) for combating an armed or group attack against the official.

(6) The procedure for the carrying and use by officials of the authorised representative of national security of service weapons shall be established by a directive of the Minister of Defence.

(7) Firearms shall not be used:

1) against a minor, elderly person or a woman with obvious signs of pregnancy, except in order to combat or prevent an armed or group attack by him or her or in order to disarm him or her;

2) in a foreign diplomatic representation or consular post or in the buildings, premises or territories of a representation enjoying diplomatic immunity on the basis of an international agreement, or against a vehicle subject to diplomatic immunity, except with the consent of the head of the corresponding representation or in the cases specified by any other international agreement;

3) in buildings or on premises where explosives or highly flammable or toxic substances are produced or stored and where use of firearms may endanger the life or health of persons.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

§ 17. Committee for Protection of State Secrets

(1) The Government of the Republic shall form the Committee for the Protection of State Secrets (hereinafter Committee) for co-ordination and organisation of the protection of state secrets.

(2) The Committee shall:

1) make proposals to the Government of the Republic for organisation of the protection of state secrets;

2) review petitions and complaints concerning the unlawful application of or failure to apply this Act or legislation issued on the basis thereof by a minister or the Commander of the Defence Forces, and shall inform the Government of the Republic of the results of the review;

3) review petitions and complaints concerning the unlawful application of or failure to apply this Act or legislation issued on the basis thereof by an agency of executive power or an official (except a minister or the Commander of the Defence Forces), and shall present its opinion thereon or send such petitions or complaints to the corresponding ministry or the Commander of the Defence Forces for review;

4) give an opinion concerning draft legislation and international agreements pertaining to state secrets submitted to the Government of the Republic;

5) review and certify the results of security checks conducted with respect to the secretary general of the Ministry of Internal Affairs, the Director General or Deputy Director General of the Security Police Board, the Director General or Deputy Director General of the Information Board, and the Commander of the General Staff of the Defence Forces or his or her deputy.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(3) The Committee shall comprise representatives of the Ministry of Defence, Ministry of Internal Affairs, Ministry of Foreign Affairs, State Chancellery, Office of the President of the Republic, General Staff of the Defence Forces, the Information Board and Security Police Board. The Minister of Internal Affairs is the chairman of the Committee. The Government of the Republic shall approve the membership and procedures of the Committee.

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

(4) The membership and procedures of the Committee shall be approved by a regulation of the Government of the Republic.

Chapter 5

Processing of State Secrets and Classified Media

§ 18. Definition of processing of state secrets and classified media

The processing of state secrets and classified media is the marking, registration, collecting, maintenance, storage, use, reproduction, making of extracts, transmission or destruction of state secrets or classified media or several of the above acts, regardless of the way in which the acts are performed or of the means used.

§ 19. Marking of classified media

(1) Classified media shall be marked with:

1) a classification marking;

2) a notation concerning the basis for classification of the information.

(2) Classified media shall be marked only as follows:

1) a classified medium containing a state secret classified as “top secret” shall be marked with a classification marking “TÄIESTI SALAJANE” [top secret];

2) a classified medium containing a state secret classified as “secret” shall be marked with a classification marking “SALAJANE” [secret];

3) a classified medium containing a state secret classified as “confidential” shall be marked with a classification marking “KONFIDENTSIAALNE” [confidential];

4) a classified medium containing a state secret classified as “restricted” shall be marked with a classification marking “PIIRATUD” [restricted].

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(3) A classification marking shall be made on each page of a classified document and on the first page a notation concerning the bases for classification of the information shall also be made.

(4) A document containing a state secret has, as a whole, the highest level of classification of state secrets of any of its separate parts, concerning which a notation shall be made on the first page of the document.

(5) A material object shall be marked with a classification marking only if it is possible to obtain a state secret by examining its structure, content or outer surface, by conducting operations with the material object, by testing the material object, or in the course of use or application thereof.

(6) A medium containing classified information of a foreign state in the form of a translation, excerpt or copy, shall be marked as processed classified information of a foreign state in compliance with the requirements established by international agreements.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

§ 20. Preparation and formalisation of classified documents

(1) General requirements for formalisation of administrative documents with specifications arising from the procedure for the protection of state secrets shall be the basis for preparation and formalisation of classified documents.

(2) A classified medium is subject to compulsory registration.

§ 21. Storage and destruction of classified medium

(1) A medium the term of classification of which has expired or been terminated but which is valuable to society, the state or a person shall be transferred to the National Archives in accordance with the Archives Act (RT I 1998, 36/37, 552; 1999, 16, 271; 2000, 92, 597; 2001, 88, 531; 93, 565; 2002, 53, 336; 61, 375; 63, 387; 82, 480).

(2) A medium the term of classification of which has expired or been terminated is subject to destruction if the medium has lost its practical value.

(3) A classified medium shall be destroyed in a way which renders restoration of the information contained therein impossible.

Chapter 6

Access to state secrets

Division 1

Bases for Access

§ 22. Bases for access to state secrets

Access to state secrets is the right of a person to access state secrets and to process state secrets and classified media:

1) by virtue of office;

2) on the basis of a permit for access to state secrets;

3) on the basis of an order of a preliminary investigator or prosecutor or on the basis of a court ruling.

§ 23. Access to state secrets by virtue of office

(1) The following have the right by virtue of office to access state secrets, regardless of the classification thereof:

1) the President of the Republic in order to perform duties assigned to him or her by the Constitution and Acts of the Republic of Estonia and by legislation issued on the basis thereof;

2) a member of the Riigikogu in the cases provided for in the Riigikogu Internal Rules Act (RT 1992, 46, 582; RT I 1999, 2, 44; 16, 271; 2000, 25, 145; 2002, 29, 174; 36, 220; 57, 355; 356; 2003, 4, 22);

3) a member of the Government of the Republic in the cases provided for in the Government of the Republic Act (RT I 1995, 94, 1628; 1996, 49, 953; 88, 1560; 1997, 29, 447; 40, 622; 52, 833; 73, 1200; 81, 1361; 1362; 87, 1468; 1998, 28, 356; 36/37, 552; 40, 614; 71, 1201; 107, 1762; 111, 1833; 1999, 10, 155; 16, 271; 274; 27, 391; 29, 398; 401; 58, 608; 95, 843; 845; 2000, 49, 302; 51, 319; 320; 54, 352; 58, 378; 95, 613; 102, 677; 2001, 7, 16; 24, 133; 52, 303; 53, 305; 59, 358; 94, 578; 100, 646; 102, 677; 2002, 13, 79; 57, 354; 87, 505; 90, 520; 96, 563; 2003, 4, 22; 21, 122);

4) a judge in order to perform duties assigned to him or her by the Constitution and Acts of the Republic of Estonia and by legislation issued on the basis thereof;

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

5) the Commander and Commander-in-Chief of the Defence Forces in the cases provided for in Acts concerning national defence;

6) the Chancellor of Justice in order to perform duties assigned to him or her by the Constitution of the Republic of Estonia and by Acts;

(12.02.2003 entered into force 01.04.2003 - RT I 2003, 23, 147)

7) the Auditor General in the cases provided for in the State Audit Office Act (RT I 1995, 11, 115; 23, p 792, correction notice; 1996, 81, 1448; 1997, 5/6, 32; 77, 1311; 1999, 16, 271);

8) the President of the Bank of Estonia and the Chairman and members of the Board of the Bank of Estonia in the cases provided for in the Bank of Estonia Act (RT I 1993, 28, 498; 30, p 743, correction notice; 1994, 30, 463; 1998, 64/65, 1006; 1999, 16, 271; 2001, 58, 353; 59, 358; 2002, 57, 356; 2003, 15, 88; 21, 121).

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(2) A natural person may acquire the right to access only state secrets classified as "restricted" by virtue of office. The list of positions involving a justified need to know and access only to state secrets classified as "restricted" shall be established by the appropriate minister, in the Defence Forces or the National Defence League by the Commander of the Defence Forces, in a county government by the county governor, and in the Chancellery of the Riigikogu, the Office of the President of the Republic, the State Chancellery, the Office of the Chancellor of Justice, courts, prosecutor’s offices and the State Audit Office by the head of the corresponding agency.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67; 19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

(3) The right of legal persons and natural persons outside the service to access only state secrets classified as "restricted" shall be decided separately for each specific case by the appropriate minister, in a county government by the county governor, and in the Chancellery of the Riigikogu, the Office of the President of the Republic, the State Chancellery, the Office of the Chancellor of Justice, courts and the State Audit Office by the head of the corresponding agency.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(4) If a person with the right of access to state secrets classified as "restricted" does not have access to state secrets classified as “confidential”, “secret” or “top secret”, the person shall submit the document specified in clause 28 (3) 3) of this Act within one month after his or her appointment to the corresponding position or within one month after the decision specified in subsection (3) of this section is made to the agency which performs security checks.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

§ 24. Access to state secrets on basis of permit for access to state secrets

(1) A natural or legal person with a permit for access to state secrets classified as "confidential", "secret" or “top secret” and a justified need to know has the right to access state secrets on the basis of his or her permit for access to state secrets.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(11) An access permit shall not be issued to a legal person earlier than to a person organising the protection of state secrets for the legal person.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(12) An access permit of a legal person does not extend to natural persons.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(2) A permit for access to a higher classification of state secrets also grants the right to access a lower classification of state secrets. A permit for access to a lower classification of state secrets does not grant the right to access a higher classification of state secrets.

(3) Before permitting access to a state secret, the possessor of the state secret is required to ascertain each time that the person holds a permit for access to state secrets of the corresponding classification and verify that the person has a justified need to know.

§ 25. Access to state secrets on basis of order of preliminary investigator or prosecutor or on basis of court ruling

(1) Participants in pre-trial proceedings or judicial proceedings in criminal, civil or administrative matters, or matters of misdemeanour have the right to access, after passing the security check, state secrets classified as “restricted”, “confidential” or “secret” on the basis of a reasoned order of a preliminary investigator or prosecutor or a court ruling if access is unavoidably necessary for the adjudication of the criminal, civil or administrative matter, or the matter of misdemeanour.

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

(2) A preliminary investigator, prosecutor or court shall forward an application for the conduct of a security check to an agency which performs security checks in order to decide on the grant of the right to access state secrets to a person. In order to pass the security check, the person shall submit the document specified in clause 28 (3) 3) of this Act to the agency which performs security checks.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(3) The agency which performs security checks shall present the information obtained as a result of a security check to a preliminary investigator, prosecutor or court within the term specified thereby, and this term shall not be less than one month.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(31) Security checks shall not be performed in respect of suspects, the accused, accused at trial and a counsel who is an advocate if the need to access state secrets arises from ensuring the right of defence in criminal proceedings. The suspects, the accused, accused at trial and the counsel shall be informed of the obligations provided for in § 14 of this Act.

(28.06.2004 entered into force 01.07.2004 - RT I 2004, 54, 387)

(4) Access on the basis of a reasoned order of a preliminary investigator or prosecutor or a court ruling is not permitted to state secrets classified as “restricted”, “confidential” or “secret” if this endangers the performance of the duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 2002, 56, 350; 61, 375; 88, 591; 2004, 2, 7), or to state secrets classified as “top secret”.

(19.05.2004 entered into force 01.07.2004 - RT I 2004, 46, 329)

(5) A preliminary investigator or prosecutor who prepared an order or a court which prepared a ruling shall obtain a signed confirmation described in subsection 30 (6) of this Act which shall be included in the materials of the file from a person who is granted access to state secrets pursuant to the procedure prescribed in this section before access to the information is granted. If the person refuses to sign the confirmation, the confirmation shall contain a notation concerning the refusal and the reasons therefor and shall be confirmed by the body conducting proceedings.

(28.06.2004 entered into force 01.07.2004 - RT I 2004, 54, 387)

§ 26. Access of aliens to state secrets

(1) Citizens of foreign states or stateless persons (hereinafter aliens) may apply for an access permit if the agency which possesses state secrets needs to permit access by such persons to the state secrets in connection with performance of functions imposed on the agency and if the person has the necessary special knowledge or skills to assist in performance of such functions.

(2) An alien and a foreign legal person who has the right to access state secrets of a foreign state and of the corresponding classification need not pass a security check in Estonia or apply for an access permit.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(3) Access by aliens to state secrets is restricted. Such access may be permitted only to participate in specific programmes or projects, to be party to agreements or to operate in an area of activity in which an alien’s special knowledge or skills are needed.

(4) The list of agencies which have the right to permit access by aliens to state secrets shall be approved by an order of the Government of the Republic.

§ 261. Communication of state secrets to foreign states and international organisations

(1) The State Chancellery, the Ministry of Defence, the Ministry of Internal Affairs, the Ministry of Foreign Affairs and a security authority may communicate information classified as state secret to a foreign state or an international organisation in the case provided for in § 34 of the Security Authorities Act (RT I 2001, 7, 17; 100, 643; 2002, 61, 375; 2003, 23, 147) and pursuant to the procedure prescribed by a regulation established pursuant to subsection 12 (2) of this Act by the Government of the Republic if the communicated information is protected from disclosure by an international agreement.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643; 06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

(2) Communication of a classified medium to a foreign state or international organisation is subject to prior registration with the authorised representative of national security, except for communication of state secrets by security authorities pursuant to § 34 of the Security Authorities Act.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

Division 2

Issue, Refusal to Issue, Extension of Term and Revocation of Access Permit, and Security Check

§ 27. Bases for issue, refusal to issue, extension of term and revocation of access permit

(1) An access permit is issued for access to state secrets classified as "confidential", "secret" or “top secret”, based on a person’s need for access.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(2) The procedure for the issue of access permits shall be established by a regulation of the Government of the Republic. The specific procedure for the issue, refusal to issue, extension of the term and revocation of access permits shall be provided for in the procedure for the issue of access permits.

§ 28. Application for access permit or extension of term thereof

(1) An access permit or extension of the term thereof may be applied for and the application may be satisfied only if a person has a need for access. An access permit or extension of the term thereof shall not be applied for or issued only for the purpose of permitting a person to access an area guarded for the protection of state secrets or to facilitate his or her movement in the area.

(2) A person applying for an access permit must be an Estonian citizen of at least eighteen years of age or a legal person in private law registered in Estonia.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(21) A legal person who participates in an international procurement or public procurement as a tenderer may apply for an access permit.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(3) In order to obtain an access permit or be granted extension of the term thereof, a person shall submit an application to the agency performing security checks through an agency which justifies the need for access and supports the receipt or extension of the term of the permit according to the classification of state secrets being applied for, to which the following documents shall be appended:

1) a letter from the agency which justifies the need for access by the person who is in an employment, service or contractual relationship or applying for such relationship and which supports the receipt of a permit or extension of the term thereof;

2) upon application for an access permit, a completed form of natural or legal persons corresponding to the classification of state secrets applied for or, upon extension of the term of an access permit, a completed annex to the form of natural or legal persons corresponding to the classification of state secrets applied for;

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

3) the written consent of the applicant which permits the agency which performs security checks to obtain information concerning the person from natural and legal persons and the agencies and bodies thereof in order to decide the issue or extension of the term of an access permit, during the term of the access permit and within three years after expiry thereof.

(4) In order to be granted extension of the term of an access permit, an application specified in subsection (3) of this section together with the documents appended thereto shall be submitted to the agency performing security checks not later than three months before the expiry of the access permit in the case of natural persons and not later than six months before the expiry of the access permit in the case of legal persons.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(5) The format of the application for an access permit or extension of the term thereof and the format of an applicant form for and consent of natural or legal persons shall be established by a regulation of the Government of the Republic.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

§ 29. Security check

(1) In order to obtain an access permit, to be granted extension of the term thereof, or to obtain access on the basis of an order of a preliminary investigator or prosecutor or on the basis of a court ruling, an applicant must pass a security check. The purpose of the security check is to determine whether the person meets the requirements for issue of an access permit or extension of the term thereof.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(11) Security checks may be performed with regard to persons who have the right to access state secrets classified as "restricted" by virtue of office.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(2) Security checks shall be performed by the Security Police Board, except in the cases specified in subsections (3) and (31) of this section.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(3) The General Staff of the Defence Forces shall perform security checks in:

1) the Defence Forces and the National Defence League;

2) the Ministry of Defence with regard to members of the Defence Forces in contractual active service (except the secretary general and deputy secretary general) and in agencies within the area of government of the Ministry of Defence, the Border Guard, the Rescue Board and militarised rescue units.

(31) The Information Board shall perform security checks with regard to persons who stand as candidates for the position of security official at the Information Board and persons who are in the service of the Information Board.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(4) Security checks shall be performed pursuant to the procedure provided for in the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 68, 407; 2002, 56, 350; 61, 375) and in the Security Authorities Act.

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

(5) Agencies which perform security checks also have the right to check a person during the term of an access permit and within three years after expiry thereof.

§ 30. Issue of access permit or extension of term thereof

(1) The basis for issue of an access permit or extension of the term thereof is a decision which is made on the basis of a security check and which shall be founded on all information gathered in the course of the security check.

(2) Information gathered in the course of a security check shall be reviewed by a committee formed therefor in the agency which performs security checks and the committee shall make a proposal to the head of the agency to issue an access permit or extend the term thereof. Issue of an access permit or extension of the term thereof shall be decided by the head of the agency which performs security checks not later than within three months in the case of natural persons and not later than within six months in the case of legal persons, after submission of a valid application.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(21) An agency which performs security checks may extend the term described in subsection (2) of this section by three months in the case of a natural person and by six months in the case of a legal person in the following cases:

1) where it has not been possible to conduct an interview with the applicant or a representative of the applicant for an access permit in the course of a security check due to circumstances depending on the applicant;

2) where it is necessary for the decision on the grant of an access permit to be based on information originating from a foreign state;

3) where information gathered in the course of the security check indicates that bases for refusal to issue an access permit are likely to become evident within the following three or six months respectively;

4) where information gathered in the course of the security check indicates that bases for refusal to issue an access permit may cease to exist in respect of the person subject to the security check within the following three or six months respectively.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(22) The Committee for the Protection of State Secrets may also extend the term described in subsection (2) of this section by three months in the case of a natural person and by six months in the case of a legal person in other cases where this is necessary taking into consideration the purpose of the security checks.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

(3) In order to access state secrets classified as “top secret” or “secret”, an access permit shall be issued to a person for up to three years or the term thereof shall be extended for up to three years. In order to access state secrets classified as “confidential”, an access permit shall be issued to a person for up to five years or the term thereof shall be extended for up to five years.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(4) The term of an access permit issued in the case of a temporary need for access shall not exceed the term during which the person performs the temporary duty or work.

(5) An access permit or extension of the term thereof shall be prepared on the letter-head with security features of the agency which performs security checks, with the signature of the head of the agency. An access permit or a notice concerning extension of the term thereof shall set out the following data:

1) the date of issue of the access permit or extension of the term thereof and the number of the decision;

2) the basis for the decision;

3) the given name, surname and personal identification code of the natural person who obtains the access permit or the name, seat and registry code of the legal person who obtains the access permit;

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

4) the place of work and position of the natural person who obtains the access permit;

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

5) the classification of state secrets which the person is permitted to access;

6) the term of the access permit.

(6) An access permit or a notice concerning extension of the term thereof shall be sent to the recipient of the permit within five working days through the agency which has justified the need for access and supported the issue of the permit. The agency which justifies the need for access and supports the issue of the permit shall obtain a signed conformation from the natural person who obtains the permit or the head of the legal person who obtains the permit concerning awareness of the requirements for protection of state secrets, liability upon violation thereof and the duty to maintain state secrets made known to him or her by virtue of employment or service and shall send the confirmation to the agency which performs security checks. The format of the confirmation shall be established by the Government of the Republic.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

§ 31. Bases for refusal to issue access permit or extend term thereof

(1) An access permit shall not be issued to or extension of the term thereof shall be refused for natural persons:

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

1) who do not meet the requirements provided for in subsection 28 (2) of this Act;

2) with restricted active legal capacity;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

3) whose activities have been or are directed against the Estonian state or its national security;

4) who are employed by the intelligence or security service of a foreign state, except in the cases provided for in § 26 of this Act;

5) who have been employed by the intelligence or security service of a state which has occupied Estonia, except persons who have submitted a personal confession concerning service in security or intelligence organisations or co-operation therewith to the Security Police Board pursuant to the procedure provided for in the Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Intelligence or Counter-intelligence Organisations of Security Organisations or Military Forces of States which Have Occupied Estonia Act, and except in the cases provided for in § 26 of this Act;

6) who, ideologically or culturally, are involved with an organisation which by its activities ignores public policy or the purpose of which is to change the public order by force;

7) who participate in criminal proceedings as suspects, accused or accused at trial, except in te case provided for in subsection 25 (31) of this Act;

(28.06.2004 entered into force 01.07.2004 - RT I 2004, 54, 387)

8) who have been punished for an intentionally committed criminal offence if information concerning the punishment has not been expunged from the punishment register;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

9) who have been punished for committing an offence against the state or official misconduct;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

10) who are serving a sentence for a criminal offence;

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

11) whose previously issued access permit has been revoked due to violation of the provisions of the State Secrets Act and legislation issued on the basis thereof;

12) who are dependent on narcotic drugs or alcohol;

13) who have addictive pursuits which bring about their economic or other dependency;

14) who have concealed information or submitted falsified or false information on the form submitted to the agency which performs security checks or in the interview for applicants for permits for access to state secrets;

15) who do not have a need for access;

16) against whom disciplinary proceedings or misdemeanour proceedings with elements of corruption are conducted;

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

17)  who have materially violated the provisions of the Anti-Corruption Act (RT I 1999, 16, 276; 87, 791; 2000, 25, 145; 2001, 58, 357; 2002, 53, 336; 63, 387; 2003, 18, 108).

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(11) An access permit shall not be issued to or extension of the term thereof shall be refused for legal persons:

1) who do not comply with the requirements provided for in clauses (1) 1), 3), 6), 11), 14) and 15) of this section;

2) whose commercial or trading activities are contrary to good practices and good morals;

3) who are insolvent, whose assets are sequestered, and with respect to whom liquidation proceedings have been initiated or a bankruptcy order has been issued;

4) who have not performed all of their obligations regarding state and local taxes;

5) whose financial status and technical competence do not comply with the specified requirements;

6) who have, during the last three years, materially violated any public procurement contracts;

7) who do not comply with the requirements specified in the regulation of the Government of the Republic established pursuant to subsection 12 (2) of this Act.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(2) Upon refusal to issue an access permit or extend the term thereof, the agency which performs security checks shall send an officially certified copy of the decision to refuse to issue the permit or extend the term thereof to the agency which justifies the need for access and supports the issue of the permit and the applicant for an access permit within five working days.

(14.11.2001 entered into force 01.02.2002 - RT I 2001, 93, 565)

(3) Persons in respect of whom the circumstances provided for in subsection (1) of this section become evident may not be employed in a position which requires access to state secrets classified as "restricted". Such persons shall be either appointed to another position where possible or released from service on the bases and pursuant to the procedure provided for in the Public Service Act (RT I 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001, 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116).

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

§ 32. Revocation of access permit

(1) A person’s access to state secrets shall be prohibited and his or her access permit shall be revoked if:

1) the person no longer has a need for access;

2) the person violates requirements provided for in this Act or legislation issued on the basis thereof;

3) the person no longer meets the requirements for obtaining an access permit;

4) liquidation proceedings have been initiated or a bankruptcy order has been issued with respect to the legal person.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(11) An access permit shall expire upon:

1) the death of the person;

2) declaration of the person as missing.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(2) The agency, institution or legal person in which a person is employed or is in service is required to notify promptly the agency performing security checks of any evidence of circumstances specified in subsection (1) of this section.

(3) The agency which performs security checks shall revoke an access permit.

(4) The agency or legal person in which a natural person whose access permit is revoked is employed shall promptly be notified of the revocation of the access permit of the natural person.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(41) The agency which justifies the need for access to state secrets and supports the issue of the permit, the head of the legal person and a person authorised by the head to organise the protection of state secrets shall promptly be notified of the revocation of the access permit of the legal person.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(42) The authorised representative of national security shall inform the agency which performs security checks of the issue or revocation of a certificate of access to certified information of foreign states to a natural or legal person within five working days. The agency which performs security checks shall immediately inform the authorised representative of national security of the revocation or extension of the term of an access permit, on the basis of subsection 32 (11) of this Act, of a person holding a certificate of access to certified information of foreign states.

(06.05.2004 entered into force 20.05.2004 - RT I 2004, 43, 300)

(5) If an access permit is revoked, the person shall be released from an office where access to state secrets is a prerequisite for employment.

(6) The revocation of an access permit does not release the person who held the permit from the duty to maintain state secrets.

(7) In the case of a short-term lapse in the need for access, an access permit need not be revoked.

(8) Upon revocation of an access permit of a legal person, the legal person who obtained the permit shall return:

1) promptly the original of the permit to the agency which performs security checks within five working days as of the date when the agency which performs security checks communicated the revocation notice;

2) all the received information containing state secrets to the administrative agency which communicated the information containing state secrets.

(05.12.2001 entered into force 06.01.2002 - RT I 2001, 100, 643)

(9) Upon revocation of an access permit of a natural person, the agency which justified the need for access and supported the issue of the permit shall return the original of the permit to the agency which performs security checks within five working days as of the date when the agency which performs security checks communicated the revocation notice.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

Chapter 61

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

Liability

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

§ 321. Violation of requirements of State Secrets Act

(1) Violation of the requirements of the State Secrets Act or legislation established on the basis thereof, if not related to the disclosure of a state secret, is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000 kroons.

(3) The provisions of the General Part of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 105, 612; 2003, 4, 22) and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313; 110, 654; 2003, 26, 156) apply to the misdemeanours provided for in this section.

(4) The Security Police Board is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in this section.

(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)

Chapter 7

Implementing Provisions

§ 33. Review of media

A possessor of a state secret is required to review the state secret and other information in the possession thereof and mark the media containing the state secret pursuant to § 19 of this Act. If information contained in the media is, according to this Act, no longer classified as a state secret, the medium is deemed to be declassified and a corresponding notation shall be made on the medium.

§ 331. Use of automated systems processing state secrets

Automated systems processing state secrets may be used for the processing of state secrets only upon the existence of a certificate of conformity issued by the Information Board.

(12.02.2003 entered into force 01.07.2004 - RT I 2003, 23, 147)

§ 34. Validity of previously issued access permits

Access permits issued before the entry into force of this Act are valid until the term indicated therein.

§ 35. Validity of legislation issued on basis of State Secrets Act which was in force earlier

Regulations of the Government of the Republic passed on the basis of the State Secrets Act (RT I 1997, 81, 1361) which was in force before the entry into force of this Act, to the extent which they are not contrary to the provisions of this Act, are in force until the substitution thereof with a regulation of the Government of the Republic passed on the basis of this Act, but for not longer than six months after the entry into force of this Act.

§ 351. Access to state secrets classified as "restricted" by virtue of office

(1) Persons who are employed in a position where, after establishment of the list of positions specified in subsection 23 (2) of this Act, they have the right of access to state secrets classified as "restricted" by virtue of office but who do not hold a valid permit to access state secrets classified as "confidential", "secret" or "top secret" shall submit the documents specified in clause 28 (3) 3) to the agency which performs security checks not later than within one month after the entry into force of the aforementioned list of positions.

(2) If circumstances provided for in subsection 31 (1) of this Act become evident in respect of a person employed in a position where, after establishment of the list of positions specified in subsection 23 (2), he or she has the right of access to state secrets classified as "restricted" by virtue of office, the person shall be appointed to another position where possible or shall be released from the corresponding position on the bases and pursuant to the procedure provided for in the Public Service Act.

(22.01.2003 entered into force 01.03.2003 - RT I 2003, 13, 67)

§ 36. Amendment of Code of Criminal Procedure

The Code of Criminal Procedure (ENSV Ülemnõukogu Teataja3 1961, 1, 4 and lisa4; RT I 1998, 82-84, 1385; 111, 1834; 1999, 4, 53; 16, 271; 57, 595; 95, 845; 2000, 29, 173; 47, 289; 35, 222; 54, 351; 51, 319; 84, 533; 86, 542; 29, 170) is amended as follows:

1) section 171 is added to the Code worded as follows:

§ 171. Access to state secrets

(1) Judges have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.

(2) Preliminary investigators and prosecutors have the right to access state secrets if they have a justified need to know and a permit for access to state secrets of the corresponding classification.

(3) Participants in proceedings have the right to access state secrets if they have a justified need to know and a permit for access to state secrets of the corresponding classification, or to access state secrets classified as “confidential” or “secret” on the basis of a reasoned order of a preliminary investigator or prosecutor or on the basis of a court ruling if this is unavoidably necessary for the adjudication of a criminal matter.

(4) Access on the basis of a reasoned order of a preliminary investigator or prosecutor or on the basis of a court ruling is not permitted to state secrets classified as “confidential” or “secret” if this endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act, or to state secrets classified as “top secret”.”;

2) the number “731” is omitted from the list provided for in clause 105 (2) 1).

§ 37. Amendment of Status of Judges Act

The Status of Judges Act (RT 1991, 38, 473; 1993, 1, 2; RT I 1993, 24, 429; 1994, 13, 234; 40, 654; 81, 1382; 1995, 83, 1440; 1996, 51, 967; 73, 1294; 81, 1448; 1997, 28, 426; 93, 1557; 1998, 34, 487; 1999, 16, 271; 2000, 28, 167; 35, 222; 40, 251; 2001, 58, 353) is amended as follows:

1) subsection (8) is added to § 3 worded as follows:

“(8) The Supreme Court or the Chief Justice of the Supreme Court shall present a candidate for judicial office to be appointed to the position of a judge and the candidate must have passed a security check and be declared to meet the requirements for obtaining a permit to access state secrets classified as “top secret”.”;

2) section 61 is added to the Act worded as follows:

Ҥ 61. Security check of candidate for judicial office

(1) A candidate for judicial office shall pass a security check before appointment as a judge in order to enable a decision to be made as to whether to permit him or her to access state secrets.

(2) Security checks shall be performed by the Security Police Board pursuant to the procedure provided for in the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 68, 407; 2002, 56, 350; 61, 375).

(3) In order to pass the security check, a candidate for judicial office shall submit a completed form for an applicant for a permit to access state secrets classified as “top secret” to the Security Police Board through the Supreme Court, and also written consent which permits the agency which performs security checks to obtain information concerning the person from natural and legal persons and state and local government agencies and bodies during the performance of the security check.”

§ 38. Amendment of Criminal Code

The Criminal Code (RT 1992, 20, 288; RT I 2001, 73, 452; 85, 510; 87, 526) is amended as follows:

1) subsections 73 (1)-(3) are amended and worded as follows:

“(1) Disclosure or unlawful transmission of state secrets classified as “confidential” or permission of unlawful access thereto, without the elements of espionage, shall be punished by a fine or imprisonment for up to two years.

(2) Disclosure or unlawful transmission of state secrets classified as “secret” or permission of unlawful access thereto, without the elements of espionage, shall be punished by imprisonment of two to four years.

(3) Disclosure or unlawful transmission of state secrets classified as “top secret” or permission of unlawful access thereto, without the elements of espionage, shall be punished by imprisonment of three to eight years.”;

2) section 731 is repealed;

3) section 258 is repealed.”

§ 39. Amendment of Code of Administrative Offences

The Code of Administrative Offences (RT 1992, 29, 396; RT I 2001, 74, 453; 87, 524 and 526; 97, 605; 102, 677) is amended as follows:

1) section 1821 is repealed;

2) the number “1821” is omitted from the list provided for in subsection 186 (1);

3) section 2201 is added to the Code worded as follows:

Ҥ 2201. Access to state secrets

(1) Judges have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.

(2) Participants in proceedings have the right to access state secrets if they have a justified need to know and permit for access to state secrets of the corresponding classification, or to access state secrets classified as “confidential” or “secret” on the basis of a reasoned court ruling if this is unavoidably necessary for the adjudication of an administrative offence matter.

(3) Access on the basis of a court ruling is not permitted to state secrets classified as “confidential” or “secret” if this endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act, or to state secrets classified as “top secret”.”;

4) the number “1821” is omitted from clause 228 (1) 1) and in clause 38) of the same subsection the words “§§ 1821 and” are substituted by the symbol “§”.

§ 40. Amendment of Riigikogu Internal Rules Act

Section 141 is added to the Riigikogu Internal Rules Act (RT 1992, 46, 582; RT I 1999, 2, 44; 16, 271; 2000, 25, 145; 2002, 29, 174; 36, 220; 57, 355; 356; 2003, 4, 22) worded as follows:

Ҥ 141. A member of the Riigikogu has the right to access state secrets in order to perform his or her duties. A member of the Riigikogu shall not be permitted access to state secrets if this endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act.

A member of the Riigikogu who belongs to a Riigikogu committee has the right to access state secrets to the extent which is necessary for the performance of duties which have been imposed on the committee and which is provided for in the Act concerning the formation of the committee or in a resolution of the Riigikogu.”

§ 41. Amendment of Chancellor of Justice Activities Organisation Act

Section 241 is added to the Chancellor of Justice Activities Organisation Act (RT I 1993, 25, 436; 1996, 81, 1448) worded as follows:

“§ 241. The Chancellor of Justice has the right by virtue of office to access state secrets in order to perform duties which have been assigned to him or her by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.”

§ 42. Amendment of Bank of Estonia Act

Section 111 is added to the Bank of Estonia Act (RT I 1993, 28, 498; 30, p 743, correction notice; 1994, 30, 463; 1998, 64/65, 1006; 1999, 16, 271; 2001, 58, 353; 59, 358; 2002, 57, 356; 2003, 15, 88; 21, 121) worded as follows:

Ҥ 111. Access of President of Bank of Estonia and Chairman and members of Board of Bank of Estonia to state secrets

The President of the Bank of Estonia and the Chairman and members of the Board of the Bank of Estonia have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.”

§ 43. Amendment of Code of Administrative Court Procedure

Section 41 is added to the Code of Administrative Court Procedure (RT I 1993, 50, 694; 1994, 16, 290; 28, 425; 1995, 29, 358 and 359; 1996, 37, 739; 1997, 16, 260; 30, 472; 87, 1468; 93, 1557; 95/96, 1575; 1998, 17, 265; 61, 981) worded as follows:

Ҥ 41. Access to state secrets

(1) Judges have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.

(2) Participants in proceedings have the right to access state secrets if they have a justified need to know and a permit for access to state secrets of the corresponding classification, or to access state secrets classified as “confidential” or “secret” on the basis of a reasoned court ruling if this is unavoidably necessary for the adjudication of an administrative matter.

(3) Access on the basis of a court ruling is not permitted to state secrets classified as “confidential” or “secret” if this endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act, or to state secrets classified as “top secret”.”

§ 44. Amendment of Code of Criminal Court Appeal and Cassation Procedure

Section 41 is added to the Code of Criminal Court Appeal and Cassation Procedure (RT I 1993, 50, 695; 2002, 83, 488; 84, 492; 2003, 13, 67) worded as follows:

Ҥ 41. Access to state secrets

(1) Judges have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.

(2) Participants in proceedings have the right to access state secrets if they have a justified need to know and a permit for access to state secrets of the corresponding classification, or to access state secrets classified as “confidential” or “secret” on the basis of a reasoned court ruling if this is unavoidably necessary for the adjudication of a criminal matter.

(3) Access on the basis of a court ruling is not permitted to state secrets classified as “confidential” or “secret” if this endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act, or to state secrets classified as “top secret”.”

§ 45. Amendment of Surveillance Act

The Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 68, 407; 2002, 56, 350; 61, 375) is amended as follows:

1) clause 7 6) is amended and worded as follows:

“6)  found cover organisations under the conditions and pursuant to the procedure provided for in § 71 of this Act;”;

2) section 71 is added to the Act worded as follows:

Ҥ 71. Foundation, activities and dissolution of cover organisations

(1) The Security Police Board and the Police Board may found the following as cover organisations:

1) companies or their subordinate units;

2) foundations or their subordinate units;

3) non-profit associations or their subordinate units;

4) sole proprietors;

5) administered state agencies or their subordinate units;

6) subordinate units of legal persons in public law or of legal persons in private law;

7) subordinate units of military units or of institutions of the Defence Forces.

(2) The Minister of Internal Affairs shall decide on the foundation or dissolution of a cover organisation on the basis of a reasoned application of the National Security Police Commissioner or the National Police Commissioner. An application for foundation shall set out the following:

1) the need to found the cover organisation;

2) the type of cover organisation being founded;

3) the possibilities for foundation and termination of the activities of the cover organisation and the acts performed for foundation and for termination of activities;

4) the estimated costs of the foundation, termination of activities, and operation of the cover organisation;

5) the estimated period of operation of the cover organisation.

(3) Cover organisations shall be founded and dissolved pursuant to the procedure prescribed by an Act. A cover organisation shall be founded and dissolved and its activities shall be organised by a person who has been recruited for permanent secret co-operation by a surveillance agency on the basis of a written contract entered into with the head of the surveillance agency, or by a staff employee of a surveillance agency.

(4) Persons who have been recruited for permanent secret co-operation by a surveillance agency on the basis of a written contract entered into with the head of the surveillance agency, or staff employees of a surveillance agency shall be employed as employees of a cover organisation.

(5) In organising the work of a cover organisation, all legal procedures which a public institution of the same type which is not a cover organisation is required to observe, including payment of remuneration and taxes, shall be observed.

(6) A surveillance agency which is in the process of founding or which has founded a cover organisation has the right to allocate financial resources for the foundation of the cover organisation and the development of the activities thereof.

(7) Amounts received for the activities of a cover organisation shall be transferred to the state budget through a surveillance agency after the deduction of costs incurred according to subsection (6) of this section.”

3) section 173 is repealed.

§ 46. Amendment of War-Time National Defence Act

Subsection (11) is added to § 12 of the War-Time National Defence Act (RT I 1994, 69, 1194; 1999, 16, 271; 2002, 53, 336; 57, 354; 2003, 13, 69) worded as follows:

“(11)    The Commander-in-Chief of the Defence Forces has the right by virtue of office to access state secrets in order to perform duties which have been assigned to him or her by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.”

§ 47. Amendment of State Audit Office Act

Section 141 is added to the State Audit Office Act (RT I 1995, 11, 115; 23, lk 792, correction notice; 1996, 81, 1448; 1997, 5/6, 32; 77, 1311; 1999, 16, 271) worded as follows:

Ҥ 141. Access of Auditor General to state secrets

The Auditor General has the right by virtue of office to access state secrets in order to perform duties which have been assigned to him or her by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.”

§ 48. Amendment of Anti-corruption Act

Subsection 8 (1) of the Anti-corruption Act (RT I 1995, 14, 170; 68, 1142; 1998, 41/42, 625) is repealed.

§ 49. Amendment of Public Service Act

Section 391 is added to the Public Service Act (RT I 1995, 16, 228; RT I 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2000, 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116) worded as follows:

Ҥ 391. Additional remuneration for processing state secrets or classified media

A public servant (except a police officer) employed in a position where a permit for access to state secrets is a prerequisite for employment shall receive 50 per cent of his or her salary as additional remuneration.”

§ 50. Amendment of Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Intelligence or Counter-intelligence Organisations of Security Organisations or Military Forces of States which Have Occupied Estonia Act

The Procedure for Registration and Disclosure of Persons who Have Served in or Co-operated with Intelligence or Counter-intelligence Organisations of Security Organisations or Military Forces of States which Have Occupied Estonia Act (RT I 1995, 17, 233; 1999, 16, 271; 2002, 50, 314; 61, 375) is amended as follows:

1) in subsection 8 (1), the words “but concerning whom data is not classified as a state secret in the circumstances provided for in subsection 10 (1) of this Act” are substituted by the words “if data concerning him or her is not classified as a state secret”;

2) section 10 is repealed.

§ 51. Amendment of Peace-Time National Defence Act

Subsection (4) is added to § 20 of the Peace-Time National Defence Act (RT I 1995, 18, 240; 1996, 25, 519; 49, 953; 1999, 16, 271; 2000, 28, 167) worded as follows:

“(4) The Commander of the Defence Forces has the right by virtue of office to access state secrets in order to perform duties which have been assigned to him or her by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.”

§ 52. Amendment of State Assets Act

Subsection (11) is added to § 3 of the State Assets Act (RT I 1995, 22, 327; 1996, 36, 738; 40, 773; 48, 942; 81, 1446; 1997, 45, 724; 1998, 30, 409; 1999, 10, 155; 16, 271; 2000, 39, 239; 49, 306; 51, 319; 2001, 7, 17; 24, 133; 93, 565; 2002, 53, 336; 64, 393; 2003, 13, 69) worded as follows:

“(11) Immovables or related real rights, movables and monetarily appraisable rights or obligations shall not be entered in the state assets register if such entry may bring about the disclosure of state secrets.”

§ 53. Amendment of Public Procurement Act

Clause 11) is added to subsection 4 (3) of the Public Procurement Act (RT I 1995, 54, 883; RT I 1997, 9, 79; 1998, 38, 561; 1999, 16, 271; 92, 824; 97, 859; 2000, 57, 374; 84, 534; 2001, 7, 17) worded as follows:

“11) procurements of the Security Police Board and the Information Board;

(20.12.2000 entered into force 01.03.2001 - RT I 2001, 7, 17)

§ 54. Amendment of Government of Republic Act

Section 31 is added to the Government of the Republic Act (RT I 1995, 94, 1628; 1996, 49, 953; 88, 1560; 1997, 29, 447; 40, 622; 52, 833; 73, 1200; 81, 1361 and 1362; 87, 1468; 1998, 28, 356; 36/37, 552; 40, 614; 107, 1762; 111, 1833; 1999, 10, 155; 16, 271 and 274; 27, 391; 29, 398 and 401; 58, 608; 95, 843 and 845; 2000, 49, 302; 51, 319 and 320; 54, 352; 58, 378; 95, 613; 102, 677; 2001, 7, 16; 53, 305; 59, 358; 94, 578; 100, 646; 102, 677; 2002, 13, 79; 57, 354; 87, 505; 90, 520; 96, 563; 2003, 4, 22; 21, 122) worded as follows:

Ҥ 31. Access of members of Government of Republic to state secrets

Members of the Government of the Republic have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.”

§ 55. Amendment of Archives Act

Subsection 42 (1) of the Archives Act (RT I 1998, 36/37, 552; 1999, 16, 271; 2000, 92, 597; 2001, 88, 531; 93, 565; 2002, 53, 336; 61, 375; 63, 387; 82, 480) is amended and worded as follows:

“(1) The procedure for access to records containing a state secret is provided for in the State Secrets Act and legislation issued on the basis thereof.”

§ 56. Amendment of Code of Civil Procedure

Section 81 is added to the Code of Civil Procedure (RT I 1998, 43/45, 666; 108/109, 1783; 1999, 16, 271; 31, 425; 2000, 51, 319; 55, 365; 2001, 21, 113; 34, 186; 53, 313; 93, 565; 2002, 29, 174; 50, 313; 53, 336; 64, 390; 92, 529; 2003, 13, 64; 67; 23, 140) worded as follows:

Ҥ 81. Access to state secrets

(1) Judges have the right by virtue of office to access state secrets in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation issued on the basis thereof.

(2) Participants in proceedings and their representatives have the right to access state secrets if they have a justified need to know and an access permit for state secrets of the corresponding classification, or to access state secrets classified as “confidential” or “secret” on the basis of a reasoned court ruling if this is unavoidably necessary for the adjudication of a civil matter.

(3) Access on the basis of a court ruling is not permitted to state secrets classified as “confidential” or “secret” if this endangers the performance of duties provided for in clauses 8 (1) 2), 3) or 4) of the Surveillance Act, or to state secrets classified as “top secret”.”

§ 57. Repeal of earlier State Secrets Act

The State Secrets Act (RT I 1997, 81, 1361) is repealed.

1 RT = Riigi Teataja = State Gazette

2 Riigikogu = the parliament of Estonia

3 ENSV Ülemnõukogu Teataja = ESSR Supreme Council Gazette

4 lisa = Appendix