- Enforcing jurisdiction
- Estonia · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
DPA case 2.1-3/20/347 – Complaint Upheld (Estonia, 2020)
Privacy enforcement record
This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.
A journalist's request for police information was initially denied, but the authority ruled that the police must provide the information since the restriction period had expired. This case matters because it emphasizes the need for transparency and timely access to public information.
What happened
The police refused a journalist's request for information based on outdated access restrictions.
Who was affected
The journalist seeking access to police records that were over ten years old.
What the authority found
The authority ruled that the police must remove access restrictions and provide the requested information if it is not classified.
Why this matters
This decision highlights the importance of timely access to public information and the need for authorities to review restrictions regularly.
Source checks
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Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
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A journalist submitted a request to receive information from the police. The police refused the request based on national law (§ 40 (1) of the PSA) that foresees restrict access for information intended for the internal use up to five years. In the current case almost 16 years have passed since the creation of the document and the Public Information Act does not provide for the possibility of imposing restrictions for a period exceeding a maximum of 10 years. The AKI assessed, whether information needs to be protected sixteen years after the creation by restrict access, even when the national law only foresees restrictions to the access for a period of maximum ten years. The AKI states that in some cases, ten years may be too short a time and a restriction may be needed on the document established for a longer period. This is especially true of documents that have been recognized archival value, but the restrictions cannot be extended without a legal basis. Therefore, the AKI agrees with the Police and Border Guard Board that the grounds for the restriction must be reviewed before the request for information can be complied with. It remains incomprehensible to the AKI that when the Police understood that even after 10 years, the document contains information that is still needed to be protected why no steps have been taken to legitimize the protection of such information. Due to the above, the AKI argued that because the Public Information Act does not provide an opportunity to impose on information restrictions for more than 10 years and the Data Protection Inspectorate cannot change this, the Police shall remove access restrictions and provide the claimant with the information he or she wishes if it is not a state secret and there is no other reason to restrict access to information.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 2.1-3/20/347 in EE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2.1-3/20/347 - Estonia (2020). Retrieved from cookiefines.eu
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