Open Records Laws › Estonia

Estonia

Avaliku teabe seadus (Public Information Act)

Avaliku teabe seadus (Public Information Act), RT I 2000, 92, 597

RTI Rating: 95 (source)

Response Timeline

Initial Response
5 days
Extension
15 days
Residency Required
None

5 working days to respond (Section 18(1)). Request must be registered on day of receipt or next working day (Section 16(1)). If identification of requested information is time-consuming, the holder may extend the term up to 15 working days total, but must notify the requester within the initial 5 working days, stating reasons (Section 19). If the holder does not possess the information, request must be forwarded to the competent holder within 5 working days (Section 21(1)).

How to Submit a Request

Accepted Methods

  • {'notes': 'In person or by telephone (Section 13)', 'method': 'oral'}
  • {'notes': 'By post, fax, or email (Section 13)', 'method': 'written'}
  • {'notes': 'Via email or e-government portals; Estonia has advanced e-ID infrastructure', 'method': 'electronic'}

Requests may be submitted orally or in writing per Section 13. Estonia's advanced e-government infrastructure means most agencies accept digitally signed requests via e-ID. No specific form is required. If a request is unclear, the holder must contact the requester for clarification (Section 15(4)).

Required Elements

  • Name of requester (first and surname for natural person; name for legal person) (Section 14(1)(1-2))
  • Contact details: postal address or email, or fax/telephone number (Section 14(1)(3))
  • Content of information requested, or type/name/content of document requested (Section 14(1)(4))
  • Requested manner of compliance (Section 14(1)(5))

Fees

Fee Type Amount Notes
Copies (per page) EUR0.19

Access is generally free (Section 4(4)). For paper copies, EUR 0.19/page only from the 21st page onward. The first 20 pages are free. Electronic access is free. State and local government agencies are exempt from paying fees to each other (Section 25(3)).

Fee Waivers

  • Fee waived if collection is economically inefficient (Section 26(1))
  • Fee waived if person needs information for research work (Section 26(2))
  • Fee waived if person needs information to exercise rights and lacks financial capacity (Section 26(3))

Exemptions

  • Criminal and misdemeanor proceedings (Section 35(1)(1))
    Information collected during criminal or misdemeanor proceedings
  • State supervision (Section 35(1)(2))
    Information collected during state supervision proceedings until a final decision
  • Foreign relations (Section 35(1)(3))
    Information whose disclosure could damage foreign relations of Estonia
  • National defense (Sections 35(1)(4-6))
    Information on defense plans, military equipment, and defense procurement
  • Sensitive and private personal data (Section 35(1)(11-15))
    Sensitive personal data and private personal data whose disclosure would breach privacy
  • Business secrets (Section 35(1)(17))
    Business secrets as defined by the holder of information
  • Security systems (Section 35(1)(9))
    Descriptions of security systems of buildings, rooms, or information systems
  • Draft legislation and internal documents (Section 35(2))
    Draft legislation, internal opinions, draft decisions, and documents for internal use until adoption
  • Tax collection information (Section 35(1)(16))
    Information disclosed to tax authorities during tax collection
  • Heritage and protected species (Sections 35(1)(7-8))
    Locations of protected cultural heritage objects and protected species habitats

Exemptions in Section 35. Mandatory restrictions (Section 35(1)) require classification as "for internal use." Section 36 explicitly prohibits classifying: opinion polls, statistics, environmental data, budget documents, consumer protection data, and research results. Section 38 provides a public interest override for information about offences or accidents. Time limits: generally 5 years, extendable by 5 more (Section 40(1)); personal data restrictions last 75 years from receipt, 30 years from death, or 110 years from birth.

Appeal Process

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Estonia provides parallel appeal paths: requesters may choose administrative challenge (Data Protection Inspectorate or superior body) or judicial review (administrative court), or both (Section 46). The Inspectorate is the primary oversight body, submitting annual reports to the Constitutional Committee of the Riigikogu (parliament). It can issue binding precepts with a 5-working-day compliance deadline (Sections 51-53).

Records Retention

Retention Law
Arhiiviseadus (Archives Act)
Authority
Rahvusarhiiv (National Archives of Estonia)

RT I, 21.03.2011, 1 (jõustunud 01.01.2012)

View retention law →

Sources & References