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ESTONIA

The Estonian e-state and challenges of regulating public sector digitalisation

Paloma Krõõt Tupay and Monika Mikiver
In collaboration with Sten-Marten Pukka and Marie Frosch

1. Introduction

According to § 3 of the Estonian Constitution, state power may be exercised only under the Constitution and laws in conformity with it. Therefore, the legal regulation and arrangement of the Estonian administration – including its digitalisation - must necessarily also be in accordance with the constitutional principles and the system of fundamental rights protection in Estonian law. With this in mind, chapter 2 of the analysis will first provide an insight into the legal framework of Estonian administration and its core principles. Following this, the reader is introduced to the cornerstones of Estonian digital administration and their regulation (section 3). Section 4 then deals with the following practical examples
Using various practical examples, chapter 4 then deals with the implementation of the principles of democracy and the rule of law, trust in public administration and respect for citizens’ rights within the Estonian digital administration. Section 5 looks closer at the possible impact of the envisioned EU’s AI Act on the Estonian administration.
Finally, based on the previous sections of the chapter, section 6 summarises the advantages and disadvantages of national legal regulations for digital administration. The concluding section also refers to the effect of EU law on the national regulation of digital administration. 

2. Foundations of Estonian Public Administration

2.1 Constitutional principles and the system of protection of fundamental rights in Estonian law 

2.1.1 The Estonian Constitution of 1992
The strenuous efforts of the Estonian independence movement to achieve the long-awaited restoration of the Republic of Estonia were finally rewarded on September 6, 1991, when, after more than 50 years of illegal occupation, the communist Soviet government was forced to recognise the independence of the Republic of Estonia. The new Constitution of the Republic of Estonia (EC) was adopted in the referendum on 28.06.1992 and came into force on 03 July 1992.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law / Albi, Anneli; Bardutzky, Samo. The Constitution of Estonia: The Unexpected Challenges of Unlimited Primacy of EU Law / Ernits, Madis. Section 1.1. The Hague: T.M.C. Asser Press, 2019. p. 889.
The 1992 Constitution is built upon the idea of parliamentary democracy.
The Constitution of the Republic of Estonia. Annotated Edition 2020, Introduction, par. 24. Available at: https://pohiseadus.ee.
The Constitution states that Estonia is an autonomous and independent democratic republic, with supreme power vested in the people, and the parliament holds the legislative power.
The Constitution of the Republic of Estonia, paragraph 1 and 59.
About the roots of the 1992 Constitution, one of the members of the Constitutional Assembly, Jüri Adams, stated: 'The current draft is based on the current German Constitution, as well as the Austrian Constitution. As far as possible, other Central European and Scandinavian countries have also been considered. This has been done deliberately, and the reason is that these countries are culturally close to us first and foremost, these societies and the way they think are psychologically close to us.'
The protocols of the Constitutional Assembly, 4. session, 04.10.1991. words of Adams, Jüri. Available at: https://www.riigikogu.ee/wpcms/wp-content/uploads/2015/03/4.-istung.pdf.
Inspiration was also taken from the previous Constitution of Estonia, adopted in 1938. Despite this, the authors of the Constitution decided to create an entirely new Constitution, not to carry over and modernise the previous one from 1938. The Constitution of 1992 can be described as “a perfect example” of a constitution being established after the fall of an authoritarian regime – it is fully binding and enforceable in courts.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law / Albi, Anneli; Bardutzky, Samo. The Constitution of Estonia: The Unexpected Challenges of Unlimited Primacy of EU Law / Ernits, Madis. Section 1.1. The Hague: T.M.C. Asser Press, 2019. p. 889
The Constitution of Estonia contains approximately 6700 words, making it a relatively compact constitution.
Põhiseaduse muutmine ja muutused põhiseaduses. (Changing the Constitution and changes in the Constitution.)  / Lõhmus, Uno. In: Juridica, The journal of Tartu University faculty of Law, No. 2011/1, p. 17.
Therefore, concretising its content through legal practice and studies is particularly important, as the concise text regulates general principles but rarely the application of the Constitution to individual cases.
Due to its relatively complex formal amendment procedure, the Estonian Constitution is generally considered difficult to amend.
Põhiseaduse muutmine ja muutused põhiseaduses. (Changing the Constitution and changes in the Constitution.)  / Lõhmus, Uno. In: Juridica, The journal of Tartu University faculty of Law, No. 2011/1, p. 12, p. 19.
Due to this, there have been only five amendments so far.
The Constitution of the Republic of Estonia, Preamble, par. 20.
As there is also political caution towards formal constitutional amendments, the interpretation and substantive change of the Estonian Constitution has therefore played an increasingly important role in its validity.
Verfassung und Verfassungsänderung in Estland: eine Analyse zu Theorie und Praxis mit vergleichenden Anmerkungen zum deutschen Recht. (Constitution and constitutional change in Estonia: an analysis of theory and practice with comparative notes on German law). Tupay, Paloma Krõõt, Vol. 22. BWV Verlag, 2015. p. 265 f.
The most impactful amendment to the 1992 Constitution was adopted to enable Estonia to join the European Union (EU). The respective working group of the parliament decided in 2002 not to change the text of the 1992 Constitution but to create a new additional legal act ensuring conformity of Estonian law with EU law called the Constitution of the Republic of Estonia Amendment Act (CEAA). The CEAA is a constitutional act with the same legal force as the Constitution.
This conclusion can be drawn from the CEAA § 3 which states that CEAA can only be changed by a referendum, putting it on the same level with EC in the hierarchy.
It was passed by referendum and contains the stipulations of joining the European Union, withholding four paragraphs.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraphs 1-4. Available at: https://pohiseadus.ee.
According to the first paragraph of the law, Estonia can be a member of the EU as long as the fundamental principles of the EC are respected. The act’s second paragraph states that as long as Estonia is a member of the EU, the EC will be applied considering the rights and obligations arising from the Accession Treaty.
Pursuant to § 3 of the CEAA, amendments to the CEAA are subject to a referendum. Section 4 of the CEAA is a legally required provision, which states that amendments to the CEAA be made within a period of at least three months before they come into force. Available at: https://www.riigiteataja.ee/akt/631119.
This broad formulation has given the court a significant role in assessing – i.e., interpreting – the conformity of Estonian law with EU law.
As a result, many significant changes to the EC are not based on formal changes in the constitution’s text but on the interpretation of the Constitution based on the CEAA.
See for more information A. Laurand. PSTS. Sissejuhatus. – U. Lõhmus (peatoim.). Eesti Vabariigi põhiseaduse kommentaarid (Annotations to the Estonian Constitution). Eesti Teaduste Akadeemia Riigiõiguse Sihtkapital. 2023. Available at: https://pohiseadus.riigioigus.ee/v1/eesti-vabariigi-pohiseaduse-taiendamise-seadus/pohiseaduse-taiendamise-seaduse-kommentaar.
2.1.2 Core principles and values of the Estonian Constitution
According to the court's interpretation of the Estonian Constitution and legal practice, the core principles and values of the Constitution are human dignity, democracy, the rule of law, the social state, and national identity.
The Constitution of the Republic of Estonia. Annotated Edition 2017, paragraph 10. Available at: https://arhiiv-2017.pohiseadus.ee/. pt. 5.
All but the principle of a national identity, which can be deducted, i.a., from the EC’s preamble, are found in § 10 of the Constitution of Estonia.
Similarly to the list of core principles, the list of human rights enumerated in chapter two of the Estonian Constitution is not delimited by a numerus clausus rule.
The Constitution of the Republic of Estonia. Annotated Edition 2017, paragraph 10. Available at: https://arhiiv-2017.pohiseadus.ee/. pt. 1.
EC § 10 states explicitly that the Constitution’s fundamental rights may be expanded and supplemented by new ones that follow the Constitution's spirit and correspond to the principles of human dignity, the welfare state, and the democratic rule of law.
2.1.2.1 Human dignity
The Supreme Court of Estonia (ESC) has stated that human dignity 'is the basis of all fundamental rights of the person and the purpose of the protection of fundamental rights and freedoms.'
RKHKo 22.03.2006, 3-3-1-2-06, pt. 10. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-3-1-2-06.
Human dignity is determined in the Estonian Constitution as a fundamental right (EC § 18), but additionally, it is referred to as one of the core principles of the Estonian Constitution.
The Constitution of the Republic of Estonia. Annotated Edition 2017, paragraph 10. Available at: https://arhiiv-2017.pohiseadus.ee/. pt. 18.
According to the ESC: 'in a human-centred society, in situations of conflict of fundamental rights, the least limitation may be placed on human dignity - a complex fundamental right, the elements of which are, in particular, the right to a good name, the right not to fear for the existence of oneself and of one's loved ones, the right to legal equality with all other human beings, the right to a human identity, the right to informational self-determination, the right to physical integrity.'
RKKKo 26.08.1997, 3-1-1-80-97, pt. I. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-1-1-80-97.
2.1.2.2 Democracy
The General Assembly of the ESC considers that 'the democratic nature of the Estonian system of state governance is a very important constitutional principle'
RKÜKo 01.07.2010, 3-4-1-33-09, pt. 52. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-33-09.
, and even more so, 'democracy is one of the most important principles of the Estonian system of state-building'.
RKÜKo 01.07.2010, 3-4-1-33-09, pt. 67. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-33-09.
The core of the principle of democracy can be found in EC § 1, which states: 'Estonia is an independent and sovereign democratic republic wherein the supreme power of the state is vested in the people. The independence and sovereignty of Estonia are timeless and inalienable.'
The Constitution of the Republic of Estonia, paragraph 1.
That implies the weight of the principle of democracy in the EC, stating that the whole constitution and the governance of the state rely upon it.
EC’s third chapter regulates the two ways the people of Estonia can exercise their supreme power – the right to vote by electing the parliament and the right to vote through referenda.
The Constitution of the Republic of Estonia, paragraph 56.
However, possibilities for direct democratic participation are sparse and generally do not play a significant role in the Estonian state organisation.
2.1.2.3 Rule of law
The EC explicitly mentions the rule of law only in its § 10, which states that none of the fundamental rights can contradict the principle of the rule of law. However, the rule of law principle can be derived from the preamble to the Constitution and many other paragraphs of the Constitution. I.a. EC § 13 section 2 states that the law shall protect everyone from the arbitrary exercise of state power, and according to EC § 14, it is the duty of the legislature, the executive, the judiciary, and the municipalities to guarantee the protection of personal rights and freedoms. According to the ESC, the principle of the rule of law can be defined as follows: 'the content, scope, and manner in which state authority functions.'
RKÜKo 12.07.2012, 3-4-1-6-12, pt. 132. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-6-12.
According to § 10 of the EC, the fundamental rights mentioned in the second chapter of the EC can't contradict the principles of human dignity, social justice, and the democratic rule of law.
The Constitution of the Republic of Estonia, paragraph 10.
This means that Estonia is governed by general law principles recognised in the European judicial area.
RKPJKo 17.02.2003, 3-4-1-1-03, pt. 14. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-1-03. Further information on the basis of the reference comes from the case of III-4/A-5/94 in 1994, where the ESC found: ”In addition to the Constitution, the general principles of Estonian law must also take into account the general principles of law developed by the Council of Europe and the European Union. These principles are derived from the general principles of law of the Member States with a developed legal culture.”. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-1-03.
Under the Constitution, one of the basic features of a state based on the rule of law is the guarantee of fair and effective protection of the rights of persons. Therefore, the fairness and efficiency of judicial proceedings presuppose their conformity with the procedural principles laid down in the Constitution. In Estonia, the universal right of access to justice is considered a fundamental right and a centrepiece of the rule of law.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 10, com. nr. 58. Available at: https://pohiseadus.ee.
2.1.2.4 Welfare state
The welfare state principle consists of several different aspects. First, this principle requires that the public authorities take care of the needy members of society and leave no one in need.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 10, pt. 21. Available at: https://pohiseadus.ee.
Secondly, the social state principle requires a commitment to social cohesiveness and sharing social responsibilities.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 10, pt. 22. Available at: https://pohiseadus.ee.
The welfare state requires public authorities to advance citizens' economic and social well-being, even if a minimum standard of living is already guaranteed.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 10, pt. 22. Available at: https://pohiseadus.ee.
The social state principle includes setting up a social security system, providing pensions and allowances, ensuring education and universal schools, providing medical care, and many more.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 10, pt. 22-24. Available at: https://pohiseadus.ee.
Although the Constitution does not define the social state principle, it is reflected in different fundamental rights. For example, the EC’s § 12 prohibits discrimination based on social circumstances. The Supreme Court of Estonia has placed particular emphasis also on EC § 28,
RKPJKo 09.12.2019, 5-18-7/8, pt. 119. Available at: https://www.riigikohus.ee/et/lahendid/marksonastik?asjaNr=5-18-7/8.
which gives everyone the right to the protection of health and assistance in the case of need: 'The social state and the protection of social rights include the idea of assistance and care for those who are unable to provide for themselves adequately. The human dignity of these persons would be diminished if they were deprived of the assistance they need to meet their basic needs.'
RKÜKo 21.01.2004, 3-4-1-7-03, pt 31. Available at: https://www.riigikohus.ee/et/lahendid/marksonastik?asjaNr=3-4-1-67-13.
That wording only amplifies the fact that the core values of the Constitution of Estonia are deeply interconnected, shaping the basis of the Estonian Constitution.
2.1.2.5 National identity
The preamble to the EC requires, among other things, that the Estonian state guarantees the protection of internal peace and the preservation of the Estonian nation.
The Constitution of the Republic of Estonia. Annotated Edition 2020, preambul (preamble), chapter about 1992. Available at: https://pohiseadus.ee.
From this and the Supreme Court’s legal practice,
Decisions of the ESC discussing questions of national identity: RKPJK 05.02.1998, 3-4-1-1-98, pt. II. Available at: https://www.riigikohus.ee/et/lahendid/?asjaNr=3-4-1-1-98; RKPJK 04.11.1998, 3-4-1-7-98, pt. III, IV. Available at: https://www.riigikohus.ee/et/lahendid/?asjaNr=3-4-1-7-98; RKPJK 03.05.2001, 3-4-1-6-01, pt. 9. Available at: https://www.riigikohus.ee/et/lahendid/?asjaNr=3-4-1-6-01.
Estonian legal scholars have derived the preservation of national identity as one of the EC's core values.
Eesti õiguskorra „DNA“ ja põhikorra tuum (The "DNA" of the Estonian legal system and the core of the constitution). Ernits, Madis. In: Juridica 4–5/2023, p. 284; Põhiõigused, demokraatia, õigusriik (Fundamental rights, democracy, rule of law). Ernits, Madis. Ch. 1. Tartu: Tartu Ülikooli Kirjastus, 2011. p. 67.
2.1.3 The Estonian Legal Architecture of Human Rights Protection 
2.1.3.1 International treaties and institutions
Estonia has made constant efforts to provide an increasingly comprehensive human rights protection. Estonia acceded to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights in 1991. Estonia signed the Rome Statute in 1999 and deposited its instrument of ratification in 2002.
International Criminal Court. The States Parties to the Rome Statute. Eastern European States. Available at: https://asp.icc-cpi.int/states-parties/eastern-european-states/estonia#:~:text=Estonia%20signed%20the%20Rome%20Statute,Statute%20on%2030%20January%202002.
In 1996, Estonia ratified the European Convention on Human Rights.
European Court of Human Rights. Press Country Profile. Estonia. Available at: https://www.echr.coe.int/documents/d/echr/cp_estonia_eng.
Estonia is a member of the Organisation for Economic Cooperation and Development, the Council of Europe, and the European Union.
UN Human Rights Council, Working Group on the Universal Periodic Review Tenth session : Estonia, November 2010, A/HRC/WG.6/10/EST/1. Available at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/HRC/WG.6/10/EST/1&Lang=E, p. 2, 5.
Estonia has become party to many international conventions and protocols, such as the Convention on the Rights of Persons with Disabilities (CRPD, 2012) and its Optional Protocol (OP-CRPD, 2012), the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OP-CRC-AC, 2014) and Council of Europe Convention on Action against Trafficking in Human Beings in 2015. Estonia also ratified the Kampala Amendments to the Rome Statute of the International Criminal Court in 2013; the Council of Europe Convention on Action against Trafficking in Human Beings in 2015; the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention);
UN Human Rights Council, Working Group on the Universal Periodic Review Twenty-fourth session : Estonia, 28 December 2015, A/HRC/WG.6/24/EST/1, available at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/ HRC/WG.6/24/EST/1&Lang=E., p. 2.) 
the Council of Europe Convention on preventing and combating violence against women and domestic violence (also known as the Istanbul Convention); the Protocol of 2014 to the ILO Forced Labour Convention adopted in 1930 and the amendments to Article 8 of the Rome Statute regarding the jurisdiction of the ICC over the crime of aggression.
UN Human Rights Council, Working Group on the Universal Periodic Review Thirty-eighth session: Estonia, February 2021, A/HRC/WG.6/38/EST/1, p. 2. Available at: https://undocs.org/en/A/HRC/WG.6/38/EST/1.
Estonia was also a member of the Human Rights Council from 2012–2015.
UN Human Rights Council, Working Group on the Universal Periodic Review Twenty-fourth session : Estonia, 28 December 2015, A/HRC/WG.6/24/EST/1, p.2. Available at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/HRC/WG.6/24/EST/1&Lang=E.
Although discussed, as of 2023, Estonia has not ratified the UNESCO Convention against Discrimination in Education and the International Convention for the Protection of All Persons from Enforced Disappearance.
Status of Ratification Interactive Dashboard. Available at: https://indicators.ohchr.org/.
Conventions ratified. Available at: https://www.unesco.org/en/countries/ee/conventions.
Estonia has also not ratified the Convention on the Reduction of Statelessness
Convention on the Reduction of Statelessness. Available at: https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=V-4&chapter=5&clang=_en.
because Estonia has established alien passports for foreigners who have a valid Estonian residence permit or right of residence and who do not have and cannot obtain a travel document from a foreign country.
Alien’s passport for an adult. Available at: https://www.politsei.ee/en/instructions/alien-s-passport-for-an-adult.
A full list of all human rights conventions that Estonia is a member of can be found on the Ministry of Foreign Affair’s webpage: https://www.vm.ee/tegevus/inimoigused/inimoigused-valispoliitikas .
2.1.3.2 Estonian national legislation and institutions
Chapter II of the Estonian Constitution protects and lists fundamental rights, freedoms, and duties. The ECHR greatly influenced Chapter II of the Constitution and held a significant role in the drafting of Chapter II.  The significance of the ECHR regarding the Estonian Constitution has also been stipulated by the Supreme Court, which has stated that national laws must also take into account the principles of the ECHR and that the Constitution must be interpreted in a way that ensures that its application is consistent with the ECHR and its application practice or else adequate national protection of individual rights would not be provided.
RKPJKo 25.03.2004, 3-4-1-1-04, pt. 18. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-1-04.
In the same chapter, the Constitution has a significant paragraph that allows the fundamental rights protected by the Constitution to progress and evolve. § 10 of the Constitution of the Republic of Estonia stipulates that 'the rights, freedoms, and duties set out in this Chapter shall not preclude other rights, freedoms, and duties which arise from the spirit of the Constitution or are in accordance in addition to that and are in conformity with the principles of human dignity and a social and democratic state governed by the rule of law.'
The Constitution of the Republic of Estonia, paragraph 10.
§ 10 EC is called the development clause. The purpose of § 10 is to expand the fundamental legal protection of individuals. The term 'development clause' is intended to show that fundamental rights are constantly capable of development and open to expansion and that fundamental rights must not be treated as something immutable. Additionally, the basic principles of the Constitution are stipulated in § 10. The development clause shows that the interpretation of the Constitution can change over time, and new provisions can also be added. The development clause is necessary when values evolve over time, which makes it possible to include new values in the protection area of an existing fundamental right or create a new one. The purpose of the development clause is to enable the existence of rights and obligations that are not clearly stated in the Constitution.
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 10. Available at: https://pohiseadus.ee/.
Estonia adopted a separate Equal Treatment Act in 2009. Another significant effort made by Estonia was adopting and implementing the Strategy for Guaranteeing the Rights of Children 2004–2008. To combat the trafficking of human beings, Estonia established a functioning domestic cooperation network on human trafficking. It was created within the first Development Plan for Combating Trafficking in Human Beings 2006–2009.
UN Human Rights Council, Working Group on the Universal Periodic Review Tenth session : Estonia, 8 November 2010,  A/HRC/WG.6/10/EST/1, p.20. Available at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/HRC/WG.6/10/EST/1&Lang=E.
Estonia has also implemented the Registered Partnership Act and amended the Citizenship Act, ensuring that children born in Estonia to parents with undetermined citizenship have the right to acquire Estonian citizenship through naturalisation.
UN Human Rights Council, Working Group on the Universal Periodic Review Twenty-fourth session : Estonia, 28 December 2015,  A/HRC/WG.6/24/EST/1, p. 6,16-17. Available at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/HRC/WG.6/24/EST/1&Lang=E.
On 19 June 2023, the Riigikogu passed an Act enabling gender-neutral marriage in Estonia starting from 1 January 2024.
One of the most significant institutions ensuring the protection of constitutional rights in Estonia is the Chancellor of Justice, 'an independent official who shall review the acts of general application of the legislature and the executive and of municipalities for conformity with the Constitution and laws.'
The Constitution of the Republic of Estonia, paragraph 139.
The Chancellor of Justice, established in 1993, was in 1999 also entrusted by the legislator with an additional 'ombudsman' task, intrusting in the office to supervise that state authorities guarantee fundamental rights as well as the principle of good administration and oversee local government agencies and bodies, legal persons in public law and private persons performing public functions.
Õiguskantsler (Chancellor of Justice). / Ernits, Madis. In: Juridica 1/2003, p.21; UN Human Rights Council, Working Group on the Universal Periodic Review. Tenth session: Estonia, 8 November 2010,  A/HRC/WG.6/10/EST/1, p.4. Available at: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/HRC/WG.6/10/EST/1&Lang=E,.
The Chancellor of Justice has also been assigned over time with the duties of the national preventive mechanism stipulated in the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This means that the Chancellor of Justice is also responsible for checking institutions where people‘s freedoms are being restricted to ensure that no torture or cruel or degrading treatment takes place. The Chancellor of Justice also acts as the institution of children’s ombudsman and is responsible for supervising compliance with fundamental rights when executive power agencies gather, process, use, and supervise personal data. The Chancellor of Justice is responsible for promoting the implementation, upholding, and monitoring of the Convention on the Rights of Persons with Disabilities, guaranteeing the fundamental rights protection of disabled persons and holds the role of the national human rights institution (NHRI) in Estonia.
History of the institution. Available at: https://www.oiguskantsler.ee/en/history-institution.
An Advisory Committee on Human Rights has been set up by the Chancellor, which advises the Chancellor in promoting, protecting, and monitoring human rights. Besides the Chancellor of Justice, the Minister of Foreign Affairs appointed a diplomatic representative with a unique human rights and migration mandate in 2020.
UN Human Rights Council, Working Group on the Universal Periodic Review Thirty-eighth session: Estonia, 16 February 2021, A/HRC/WG.6/38/EST/1, p.3. Available at: https://undocs.org/en/A/HRC/WG.6/38/EST/1.  
2.1.3.3 The principle of good administration 
After regaining independence, the Estonian administrative procedure lacked harmonised regulation and was characterised by eclectic and fragmented laws.
Õigusriigi taastamine. Eesti seaduste ja institutsioonide reformid 1992-2002 (Restoring the rule of law. Reforms of Estonian laws and institutions 1992-2002) / Sein, Karin; Ristikivi, Merike. Tartu: Tartu Ülikooli Kirjastus, 2022. p. 87.
Although already in 1992, scholars of the University of Tartu developed a list of public legal acts “a proper state must have", drafting the Administrative Procedure Act began only in 1996.
Õigusriigi taastamine. Eesti seaduste ja institutsioonide reformid 1992-2002 (Restoring the rule of law. Reforms of Estonian laws and institutions 1992-2002) / Sein, Karin; Ristikivi, Merike. Tartu: Tartu Ülikooli Kirjastus, 2022. p. 90.
The scholars recommended elaborating Estonian public law along the lines of the German and Austrian legal systems, warning however against copying other countries' laws.
Haldusõiguse üldosa reform Eesti Vabariigis 1990. aastate teisel poolel (Reform of the general part of administrative law in the Republic of Estonia in the second half of the 1990s) / Usk, Marge-Reet. In: Juridica 1/2023, p. 70.
The administrative law reform aimed 'to create drafts that meet the best European standards on the one hand, and take into account the local conditions in Estonia on the other'.
Academica 2013 konverents. IV teemablokk – Eesti haldusõiguse üldosa reformist 1995–2001. Eesti haldusõiguse üldosa määratlusest ja reformist. (Academica 2013 Conference. IV thematic block - the reform of the general part of Estonian administrative law 1995–2001. On the definition and reform of the general part of Estonian administrative law) / Loot, Heiki. Tartu, 24.10.2013. Available at: https://www.uttv.ee/naita?id=18304.
These reforms were designed i.a. with the help of several German scholars.
Professors of law Holger Schwemer, Ulrich Ramsauer, Friedrich Schoch; see: M.-R. Usk. Op. cit, p.62.
As a result, five critical pieces of legislation were drafted. They later adopted: 2002 the Administrative Procedure Act, the State Liability Act, the Substitutive Enforcement and Penalty Payment Act, the 2003 Administrative Co-operation Act and in 2014, the Law Enforcement Act entered into force. All of these legal acts, apart from the Administrative Co-operation Act, are based on pan-European general principles of good administration and general concepts derived from the Committee of Ministers (CM) recommendations.
Good Administration and the Council of Europe. Law, Principles, and Effectiveness. / Stelkens, Ulrich; Andrijauskaité, Agné. 1 ed. Oxford University Press, 2020. p. 546-547.
The Estonian Supreme Court has derived a person's right to good administration from § 14 EC, which states that the protection of individual rights and freedoms is the duty of the legislature, executive, judiciary, and municipalities and considers it to be a fundamental right as well as a constitutional principle.
RKPJKo 17.02.2003, 3-4-1-1-03, pt. 12, 14. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-4-1-1-03.
The main ideas of the principle of good administration can also be found in § 5(2) of the Administrative Procedure Act, according to which 'administrative procedure shall be purposeful, efficient and straightforward and conducted without undue delay, avoiding superfluous costs and inconveniences to persons.'
Administrative Procedure Act, paragraph 5(2). Available at: https://www.riigiteataja.ee/akt/103022023014.
The explanatory memorandum of the draft of the Civil Service Act emphasises that the Civil Service Act aims to ensure efficient, flexible, open, transparent and sustainable public services and competent, reliable, result-oriented and motivated officials.
Explanatory memorandum to the draft Civil Service Act (193 SE), p. 3. Available at: https://www.riigikogu.ee/tegevus/eelnoud/eelnou/c99b9c50-6462-4182-a6ce-d182400e1bae/avaliku-teenistuse-seadus.
Also, the Civil Service Act’s § 12 foresees the establishment of a Council of Ethics of Officials, whose task is to reinforce officials' core values and ethics.
In addition to legislation, a code of ethics for public service
Civil Service Act, paragraph 12. Available at: https://www.riigiteataja.ee/akt/130062023018.
has been drawn up, which consists of 20 general principles that deal with the role and aims of Estonian public service and public servants’ professional qualities, personal characteristics and duties.
AMETNIKU EETIKAKOODEKS (CODE OF ETHICS FOR OFFICIALS). Available at: https://www.fin.ee/riigihaldus-ja-avalik-teenistus/avalik-teenistus/eetika.
The Estonian Code is based on the fundamental values of the public service of OECD countries, such as impartiality, legality, transparency, honesty, efficiency and expertise.
Tuntud või tundmatu hea halduse põhimõte. (A known or unknown principle of good administration.) / Allikmets, Sille. In: Juridica 2014/3, p. 228.
In cases of maladministration, the Chancellor of Justice has been given the power to provide (non-binding) recommendations and suggestions to the administration to ensure that good administrative practice is put into practice. Therefore, the law foresees that 'everyone has the right of recourse to the Chancellor of Justice to have their rights protected by way of filing a petition to request verification whether or not a state agency, a self-governing agency or body,  a legal person in public law or a  natural or legal persons in private law performing public duties observes the principles of ensuring the fundamental rights and freedoms and good administrative practice.'
Chancellor of Justice Act, paragraph 19. Available at: https://www.riigiteataja.ee/akt/126052020011.
The Chancellor of Justice may also assess compliance with good administrative practice on his or her own initiative.
Chancellor of Justice Act, paragraph 34(1).
One essential aim of the development of good administration in Estonian law has been to ensure that the supervision of the Chancellor of Justice extends to the entire public sector, which includes supervision of the legality of the exercise of public power and the quality of public services. Today, the Chancellor of Justice’s Office issues recommendations to administrative bodies to ensure the quality of law-making, administrative practice, and citizens' awareness of fundamental rights.
Allar Jõksi ettekanne avaliku sektori teenindusfoorumil 16.06.2004 Tallinnas (Allar Jõks' presentation at the public sector service forum on 16.06.2004 in Tallinn). Available at: https://www.oiguskantsler.ee/et/oiguskantsler/suhted-avalikkusega/koned/avaliku-sektori-teenindusfoorum-2004.

2.2 Legal Organisation of Estonian Public Administration 

In the context of the restoration of statehood and the development of market economy relations, it was necessary to initiate massive changes at all three levels of public administration, i.e. at the state, county and municipality levels. In preparation for this, the Law on the Fundamentals of Local Self-Government was adopted already in 1989,
Law on the Foundations of Local Self-Government of the Estonian SSR (10.11.1989).
and the first elections to local government councils after WW II were held on 10 December 1989,
Explanatory memorandum on the basis for the development of public administration (1998), p. 3. Available at: https://haldusreform.fin.ee/static/sites/3/2012/09/1999_avaliku-halduse-arendamise-aluste-seletuskiri.pdf.
i.e. already before Estonia’s formal regaining of independence in 1991.
The Constitution of the Republic of Estonia of 1992 and the first elections to the Estonian Parliament (Riigikogu) on 20 September 1992 made it possible to start creating a system of effective democratic public administration. The reformed Act on the Government of the Republic of 1996 created the legal basic framework for today's state administrative organisation, i.e. strong ministries to shape policymaking in their respective areas of responsibility and government institutions to implement this policy in their area of governance.
Valikud Eesti haldusorganisatsiooni loomisel (Options for the creation of an Estonian administrative organisation) / Taro, Külli, Parrest, Nele in: Juridica, 2014/10, p 717.
In 1996, the Civil Service Act entered into force, which provided for the establishment of a system of civil service.
Civil Service Act 1996. Available at: https://www.riigiteataja.ee/akt/13276914.
The period from 2000 is considered the next significant period in the legal development of Estonian public administration when discussions on a possible administrative reform coincided with the elaboration of the general part of administrative law and Estonia’s accession to the European Union. Due to this, the reform process was accompanied by the need to demonstrate Estonian administrative capacity and the ability to effectively apply the acquis communautaire, which led to several organisational changes. The administrative reform, as well as the general part of administrative law, aimed at a citizen-oriented public administration and 'delineation and specification of the roles of government institutions and strategy management to optimise the division of labour and cooperation between institutions'.
See for more information K.Taro, N.Parrest, p 718.
Many offices, inspectorates and subordinate agencies were reorganised, and privatization of public sector entities increased.
See for more information K.Taro, N.Parrest, p 719.

3. Digitalization of Estonian Administration

3.1 Political and Legal Development of the Estonian e-State

3.1.1 Key stages in the development of the Estonian e-state
Already during Soviet times, in 1950 and 1960, the Estonian Academy of Sciences founded the Institute of Cybernetics (IoC) in Tallinn, which researched fields ranging from speech synthesis, mathematical methods, economic cybernetics, automated control systems, and artificial intelligence to linguistic cybernetics, physics, chemistry and architectural modelling.
The Estonian Information Society Developments Since the 1990s. Kalmet, Tarmo. 2007. no 29 PRAXIS publication 10, p. 21. Available at: https://www.praxis.ee/wp-content/uploads/2014/03/2007-Estonian-information-society-developments.pdf.
When the country regained independence, the traces of Soviet occupation left were immense. The economy was on its knees, and the state system was in ruins.
Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union. Tupay, Paloma Krõõt, p.2. Available at: https://www.lexxion.eu/wp-content/uploads/2020/07/EDPL_Estonia_extended.pdf.
The whole state administration system needed to be rebuilt from the ground up, which is a plus, as the new solution can be innovated from a fresh and clean slate without hindrance from the former bureaucracy. Estonia was an impoverished country in the beginning of the nineties, with an average monthly income of 30 dollars in 1992.
Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union. Tupay, Paloma Krõõt, p.2. Available at: https://www.lexxion.eu/wp-content/uploads/2020/07/EDPL_Estonia_extended.pdf.
As resources were limited, and the challenge was huge, solutions to get the country back on its feet again needed to be innovative and proficient. This brought about  the idea of an information society.
In 1994, the first step was taken by the Estonian parliament. The parliament framed the first draft of the 'Principles of Estonian Information Policy', containing the ways to conquer the critical topics arising from a new and fast-evolving information society.
The Estonian Information Society Developments Since the 1990s. Kalmet, Tarmo. 2007. no 29 PRAXIS publication 10, p.10. Available at: https://www.praxis.ee/wp-content/uploads/2014/03/2007-Estonian-information-society-developments.pdf.
One major next step towards modernisation and digitalisation was launching the so-called Tiger Leap Initiative in 1996. It aimed to equip Estonian schools with information and communication technology and provide the knowledge of how to use it.
The Estonian Information Society Developments Since the 1990s. Kalmet, Tarmo. 2007. no 29 PRAXIS publication 10, p.20. Available at: https://www.praxis.ee/wp-content/uploads/2014/03/2007-Estonian-information-society-developments.pdf.
The primary goal of the Tiger Leap Initiative was to introduce computers and internet connectivity into schools across Estonia. The initiative aimed to provide equal opportunities for all students to access technology and digital resources, regardless of their location or socioeconomic background.
In 1998, the Estonian parliament formally adopted the ‘Principles of Estonian Information Policy’, designating the following three main aims.
The document (in Estonian) can be found at the homepage of the State gazette (n 10). Available at: https://www.riigiteataja.ee/akt/75308.
The first was the modernisation of legislation given an effective and functioning information society.
The document (in Estonian) can be found at the homepage of the State gazette (n 10), pt. 17. Available at: https://www.riigiteataja.ee/akt/75308.
The second topic was supporting the development of the private sector. The aim was the creation of incentives for private sector actors to gain their interest in building the information society. Examples of measures used were tax incentives and subsidies.
The document (in Estonian) can be found at the homepage of the State gazette (n 10), pt. 13 and 15. Available at: https://www.riigiteataja.ee/akt/75308.
The third aim was to enhance interaction between the state and citizens by raising awareness and informing people of the developments and possibilities of IT solutions.
The document (in Estonian) can be found at the homepage of the State gazette (n 10), pt. 11 and 28. Available at: https://www.riigiteataja.ee/akt/75308.
Today's achievements are characterised by the successful cooperation of information and communication technologies and the effective implementation of the ideas and interests of the private sector right from the start, in the 90s particularly in the form of Scandinavian telecoms and credit institutions.
The Estonian Information Society Developments Since the 1990s. Kalmet, Tarmo. 2007. no 29 PRAXIS publication 10. Available at: https://www.praxis.ee/wp-content/uploads/2014/03/2007-Estonian-information-society-developments.pdf, p. 16.
Electronic and Internet banking emerged in Estonia at an unusually early stage - the first electronic banking solution was introduced in Estonia as early as 1993, while Internet banking services were first offered worldwide in 1995.
The Estonian Information Society Developments Since the 1990s. Kalmet, Tarmo. 2007. no 29 PRAXIS publication 10. Available at: https://www.praxis.ee/wp-content/uploads/2014/03/2007-Estonian-information-society-developments.pdf, p. 17.
Banks have also played an important role as providers of authentication mechanisms, which public sector organisations started to use to access their e-services.
The Estonian Information Society Developments Since the 1990s. Kalmet, Tarmo. 2007. no 29 PRAXIS publication 10. Available at: https://www.praxis.ee/wp-content/uploads/2014/03/2007-Estonian-information-society-developments.pdf, p. 18.
Another significant step in establishing Estonia as an e-state was to develop an e-governance system to streamline public administration work. Since 2000, the e-Cabinet provides the means for a paper-free and time-effective governmental decision-making process.
E-Estonia webpage, text under bulletpoint ”2000”. Available at: https://e-estonia.com/story/.
Necessary information for the decisions of the Government of the Republic (the Cabinet) can be queried directly from the e-Cabinet information system, 24 hours a day. As a result, the e-Cabinet system has become a multi-user information source and scheduler that keeps relevant information organised and updated in real-time while offering ministers a clear overview of each item under discussion. In 2000, the electronic tax board solution was introduced, allowing individuals to declare their taxes online.
[14] E-Estonia webpage, text under bulletpoint ”2000”. Available at: https://e-estonia.com/story/, text under bulletpoint ”2000”.
Estonia’s e-Tax Board offers the taxpayer a pre-completed tax declaration form, making it easy and fast to receive tax returns.
Electronic Tax filling. SCOOP4C. Available at: https://scoop4c.eu/showcase/electronic-tax-filing-e-tax.
That positively impacted the citizens as it streamlined the lengthy and burdensome process of declaring one’s taxes. That way, it provided a positive attitude toward digital administration.
Estonia was the first country in the world to introduce e-voting, using it for the first time in 2005 for local council elections. In 2007, e-voting was also made available for parliamentary elections, a world first. E-voting, which is used as an alternative to traditional voting on paper, has risen steadily ever since. For the first time, e-voting outnumbered paper ballots at parliamentary elections in March 2023. A total of 615 009 Estonian citizens eligible to vote cast their ballot, 301 495 of them voted by paper ballot and 313 514 using e-voting.
E-hääletamisel anti enim hääli valimiste viimastel tundidel (Most votes cast in e-voting in the last hours of the elections). ERR news webpage. 22.03.2023. Available at: https://www.err.ee/1608922715/e-haaletamisel-anti-enim-haali-valimiste-viimastel-tundidel.
In the development of the Estonian e-state, two cornerstones need particular emphasis: the single identity code, which determines the identity of every single person by eleven numbers and the x-road, which is a data exchange layer for the public and private sectors.
Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union. Tupay, Paloma Krõõt. Available at: https://www.lexxion.eu/wp-content/uploads/2020/07/EDPL_Estonia_extended.pdf, p. 3-4.
Following, both are briefly introduced.
3.1.2 Digital ID and a single identity code
All Estonians, no matter where they live, have a state-issued digital identity, automatically generated with birth. Aliens permanently resident in Estonia can also apply for an electronic identity. This electronic identity system, called eID, has existed for 20 years and is the cornerstone of the country’s e-state.
E-identity. e-Estonia webpage. Available at: https://e-estonia.com/solutions/e-identity/id-card/.
The personal identification code is a unique 11-digit number assigned to everyone in Estonia. The first number indicates the person’s gender (even numbers for women, uneven for men), and the following six correspond to the person’s birth date, the next three are serial numbers for people born on the same day, and the last one serves as a control number.
See further, Electronic Identity (eID) Application Guide, A Short Introduction to eID https://e-estonia.com/solutions/e-identity/mobile-id/. As to the legal regulation: Population register Act para 39 s 1: ‘A personal identification code is a number formed on the basis of the sex and date of birth of a person which complies with the standard of the Republic of Estonia and allows the specific identification of a person.’
Legal entities have their unique registration code in the business register, which allows data from different registers to be combined and cross-dataused. These codes are reliable identifiers across other systems and databases in Estonia.
Commercial Register Act, paragraph 2. Available at: https://www.riigiteataja.ee/akt/123122022034.
Hence the personal identification and business registration codes are critical components of Estonia's e-governance infrastructure, allowing one to identify oneself online and use different public and private sector services online.
The personal ID card is the only mandatory identification document in Estonia; in physical form, it is also used as a travelling document. The chip on the ID card has two functions: it is used for the digital authentication of a person, and it enables the cardholder to sign documents electronically.
ID card. e-Estonia webpage. Available at: https://e-estonia.com/solutions/e-identity/id-card/.
In addition to the physical ID card, Estonia also offers a mobile ID, which allows individuals to use their mobile phones as a digital identification tool instead of a combination of a physical ID card and a card reader. Mobile ID uses a SIM card-based solution that enables individuals to authenticate and sign documents using their mobile devices.
Another additional authentication option is the smart ID solution. Smart ID uses a smartphone application that allows individuals to identify themselves.
Both mobile ID and smart ID require the users to use a PIN1 code to log in to the different e-services and a PIN2 code to sign activities, such as bank transfers and others.
These opportunities combined mean that formerly time-consuming actions like signing documents, voting or bank transactions become more casual and streamlined.
The digital ID system in Estonia has played a vital role in the country's e-governance development. It has provided secure access to online services for citizens and residents.
3.1.3 The X-road
To make digital governance as efficient as possible, interoperability between different organisations and information systems is necessary.
Interoperability services. e-Estonia webpage. Available at: https://e-estonia.com/solutions/interoperability-services/x-road/.
The X-road is a secured and decentralised data exchange platform developed in Estonia and widely used by the Estonian government and various other organisations. It is an open-source software solution that provides unified and secure data exchange between private and public sector organisations. In addition to Estonia, the X-road is also in active use in Finland, Iceland, and other countries. Finland's use of X-Road and its proximity to Estonia has facilitated cross-border data exchange and opened opportunities for making data usage and requests between the two countries more efficient.
Iceland latest nation to adopt Estonia's X-Road platform. BNS. 28.02.2019. Available at: https://news.err.ee/915067/iceland-latest-nation-to-adopt-estonia-s-x-road-platform.
The principle of the X-road idea first came about in 2000. The challenge and goal was developing a technical solution that allows one state authority to use the data of another state authority when and to the extent necessary for performing its public tasks without creating a super-database for all the data gathered.
Data exchange layer X-tee. Republic of Estonia Information System Authority. Available at: https://www.ria.ee/en/state-information-system/data-exchange-platforms/data-exchange-layer-x-tee.
In legal terms, the X-Road was created in 2003 by governmental decree, which stipulated that the Information Systems Data Exchange Layer (X-Road) is a technical and technological environment enabling secure Internet-based data exchange.
Implementation of the Information Systems Data Exchange Layer Decree. paragraph 2 (1). Available at: https://www.riigiteataja.ee/akt/127092016004?leiaKehtiv.
The management and development of the X-path are the responsibility of the Ministry of Economic Affairs and Communications, which ensures the secure exchange of data, access only to authenticated users, and the possibility of monitoring and identifying the activities performed by its users.
Implementation of the Information Systems Data Exchange Layer Decree. paragraph 3 (1). Available at: https://www.riigiteataja.ee/akt/127092016004?leiaKehtiv.
Institutions were initially allowed to join the X-way voluntarily. However, by 2005, all government agencies were obliged to join the X-road.
Implementation of the Information Systems Data Exchange Layer Decree. paragraph 9. Available at: https://www.riigiteataja.ee/akt/127092016004?leiaKehtiv.
As mentioned in the section Key Stages in the development of the Estonian e-state, it was the implementation of the X-road system that made it possible to present one’s tax declaration within only a few minutes: the tax and customs board forwards the taxpayer a pre-filled declaration in which information obtained by other institutions – in this case, the population register and the commercial register – has already been inserted. The taxpayer simply amends and approves it.
Electronic Tax filling. SCOOP4C. Available at: https://scoop4c.eu/showcase/electronic-tax-filing-e-tax.
The decentralised and standardised approach of the X-road principle has contributed to Estonia's reputation as a leader in digital governance and data interoperability.
3.1.4 The once only principle
The X-road project is deeply intertwined with the once-only principle. The once-only principle aims to eliminate the requirement to provide the same information more than once to public administrations. Instead, public administrations should have the means to re-use information already supplied by citizens transparently and securely.
Once only principle. SCOOP4C. Available at: https://scoop4c.eu/home.
According to the Public Information Act’s (PIA) § 43
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law / Albi, Anneli; Bardutzky, Samo. The Constitution of Estonia: The Unexpected Challenges of Unlimited Primacy of EU Law / Ernits, Madis. Section 1.1. The Hague: T.M.C. Asser Press, 2019. p. 889.
section 3, the '[c]ollection of data in the database shall be based on the one-request-only principle.' Although the once-only principle was not explicitly laid down in the PIA until 2019, the prohibition to collect the same data in different national databases has been implemented in practice already since 1997.
Databases Act 1997, valid until 1.1.2008, paragraph 20 (4), since 2008 Public Information Act paragraph 433 (2). Available at: https://www.riigiteataja.ee/akt/107032023011.
The Administrative Procedures Act of 2001 laid down as a general principle the duty of the administrative authority to conduct the procedure purposefully and efficiently, as well as simply and expeditiously as possible, avoiding unnecessary expense and inconvenience to the parties. According to the explanations in the 'Handbook of Administrative Procedure': 'The number of documents that can be required from citizens shall be limited. Wherever possible, the deciding authority must communicate with other authorities to gather information rather than require the individual to provide evidence of information already held by another authority. Until now, it was common for citizens to be forced to act as an intermediary between national authorities when applying for permits and other benefits. Today's information technology makes it possible to transfer, for example information on tax payments or data of the commercial register between authorities without any particular additional costs, making this additional burdening of citizens or businesspeople unnecessary.'
Haldusmenetluse käsiraamat (Handbook of Administrative Procedures) / Aedmaa, Anno; Lopman, Evelin; Parrest, Nele; Pilving, Ivo; Vene, Einar. Tartu: Tartu Ülikooli Kirjastus, 2004. p. 39. Available at: https://dspace.ut.ee/bitstream/handle/10062/14765/9985568605.pdf.
This idea of the ‘Once-Only Principle’ has also been embraced at the EU level to explore the possibility of its EU-wide application in its Digital Single Market Strategy.
TOOP makes the cross border once-only principle a reality in Europe. Providing data once only. Available at: https://www.toop.eu/node/424.
Since the launch of the idea at the EU level in 2017, this project has succeeded in creating a reference architecture supporting the organisational and technical interoperability of national e-government systems across state borders. The solution has been tested and implemented within different pilot domains.
TOOP makes the cross border once-only principle a reality in Europe. Providing data once only. Available at: https://www.toop.eu/node/424.
However, the principle of purpose limitation, laid down in Article 5 of the General Data Protection Regulation (GDPR), according to which data has to be collected with a correctly and sufficiently determined objective, also poses challenges to the once-only principle. According to the European Digital Rights advocacy group, the once-only idea could reduce citizens’ control over their data. Therefore, its implementation has to prioritise privacy by design and default.
European Digital Rights, ‘Analysis: A truly Digital Single Market?’ (2015), p.2. Available at: https://edri.org/files/DSM_Analysis_EDRi_20150617.pdf.
The information must be collected for specified, explicit and legitimate purposes, and it shall not be further processed in a manner incompatible with them.
See further ‘’Once only’ versus ’only once’: Das Once-only-Prinzip zwischen Zweckbindungsgrundsatz und Bürgerfreundlichkeit’ Martini, Mario and Wenzel, Michael. (2017) DVBl p. 749.
The processing of personal data is based on the administrative body’s general power to obtain personal data from other public bodies to perform its tasks.
The legal basis for the processing of personal data derives from the Act on Administrative Procedure (paragraph 7(5)), which provides that an administrative authority may, for administrative proceedings, process personal data relating to the facts of a case to issue an administrative act, performing an act or concluding an administrative contract, in conjunction with a specific act which lays down more detailed conditions for performing or refusing to perform an administrative act; available at: https://www.riigiteataja.ee/akt/103022023014.
Where there is a persistent need to get data from another administrative body, direct access to the respective database is established via the X-Road Data Exchange Layer.
Regulation of the Government of the Republic Information Systems Data Exchange Layer, paragraph 5. Available at: https://www.riigiteataja.ee/akt/127092016004.
For example, the traffic police can obtain data from various other databases for one single procedure: the photograph of a person from the identity documents database, information on current convictions from the criminal record, information on the person’s driving license and the vehicle’s technical inspection from the traffic register, etc.
Politsei peab sind kinni ja vaatab seejärel oma arvutisse. Mida ta seal näeb? (The police detain you and then look at their computer. What do they see?). Siseministeeriumi infotehnoloogia- ja arenduskeskuse ajakiri (Journal of the Information Technology and Development Centre of the Ministry of the Interior), nr. 5, January 2018, p. 9. Available at: https://dea.digar.ee/?a=d&d=AKsmit201801.2.6.1&e=-------et-25--1--txt-txIN%7ctxTI%7ctxAU%7ctxTA-------------.
It has been criticised that granting direct access to another administrative body solely based on a general power is not in line with the Estonian Constitution because, in this way, the executive authority decides on the scope of the infringement of a fundamental right.
Avaliku teabe seaduse ja isikuandmete kaitse seaduse täitmisest aastal 2011. (Data Protection Inspectorate's Annual Review 2011: "Compliance with the Public Information Act and the Personal Data Protection Act in 2011".) Tallinn: Andmekaitse Inspektsioon 2012, p. 61. Available at: https://aastaraamat.aki.ee/sites/default/files/aastaraamatud/aastaraamat_2011.pdf.
It has also been argued that if the legislator does not determine which other administrative bodies may use personal data stored in a database and for what tasks, the transparency of data processing suffers. People do no longer know what is being done with their data.
Isikuandmete kaitse olemus ja arengusuunad. (The essence of the protection of personal data and future developments.) / Ilus, Tiina. In: Juridica 2002/7, p. 523.
Upon the GDPR's entry into force, the Ministry of Justice did not consider it necessary to change the current regulation of digital administration, considering that the GDPR allows a Member State to maintain its current public administration system.
Justiitsministeerium, ‘Isikuandmete kaitse uue õigusliku raamistiku kontseptsioon’ (10.05.2017 toimiku nr: 17-0584) (Concept of the new legal framework on the protection of personal data, Estonian Ministry of Justice 10 May 2017) 10, 33. Available at: http://eelnoud.valitsus.ee/main/mount/docList/db80bf57-35ca-41e3-be15-827a2f056fdd#aek0ABB.
Article 6(4) of the GDPR, which more precisely regulates the processing of personal data for purposes other than the original, was not addressed in the respective evaluation of the ministry. However, in 2022, the Ministry of Justice analysed the compliance of the data collection regulation with the GDPR in more detail and found that the cross-use of data regulation must be regulated more transparently and accurately. The Government Cabinet also approved the conclusions contained in the analysis. However, these conclusions have not yet been implemented.
Has the GDPR killed e-government? The “once-only” principle vs the principle of purpose limitation, Mikiver, Monika; Paloma Krõõt, Tupay. International Data Privacy Law, 2023; ipad010, ch. The GDPR’s Article 6 (2) and (3) and The GDPR’s Article 6 (4). Available at: https://doi.org/10.1093/idpl/ipad010.

3.2 Current status of the Estonian regulations on digital public administration

As of 2023, no specific legislation on digital public administration has been adopted. Regardless, other legal acts regulate particular aspects of digital public administration, the most important of which are the Public Information Act (PIA) and the Administrative Procedure Act.
3.2.1 The Public Information Act (PIA)
The purpose of the PIA, which entered into force in 2001, is 'to ensure that the public and every individual has the opportunity to access information intended for public use, based on the principles of a democratic and social state, the rule of law and an open society, aiming at creating opportunities for public scrutiny of the performance of public functions.'
Public Information Act, paragraph 1. Available at: https://www.riigiteataja.ee/akt/107032023011.
As a significant step forward in digital development, the law introduced the obligation for all public authorities to keep an electronic register of documents to be made public on the Internet, in which all incoming and outgoing documents were to be visible.
Public Information Act, paragraph 11(1), 28(1)(31), 29(1).
Documents without access restrictions should be open to everyone by clicking on them.
Since 01.01.2009, Public Information Act, paragraph 12(41).
When the PIA came into force, in addition to the register of documents, the legislator introduced a list of dozens of categories of information institutions must publish on their websites.
Public Information Act, paragraph 28.
Since 2008, the PIA has regulated all public authority databases and  laid down the respective general principles.
3.2.1.1 Public authorities’ databases
As the development of the Estonian information society was primarily based on the interoperability of the various public databases, which made the creation of different data services and the use of data by different administrative bodies possible, it was considered essential to have a separate regulation of public databases. Thus, the PIA contains today an individual chapter on databases held by the state, local authorities, other public bodies or private persons with a public-service mission.
Public Information Act Chapter 51.
As a general principle, a database shall be established by a legal act or a regulation based on a law.
Public Information Act, paragraph 433(1).
The legislator has regulated databases of particular state interest in separate legal acts on the corresponding database, for example the Population Register regulated by the Population Register Act; the land register regulated by the Land Register Act; the commercial register regulated by the Commercial Register Act and the criminal records database regulated by the Criminal Records Database Act.
Criminal Records Database Act. Available at: https://www.riigiteataja.ee/en/eli/ee/501042019021/consolide/current.
In most cases, however, the legislator decides on establishing a specific database but delegates the regulation of more specific details on the content and functioning of the database by decree to either the government or the relevant minister.
Analüüs. Andmekogud ja isikuandmed: EV Põhiseadusest ja IKÜM-st tulenevad nõuded regulatsioonile. (Analysis. Databases and personal data: requirements for regulation arising from the EV Constitution and the IKÜM.) / Mikiver, Monika, 2021, p.4. Available at: https://www.just.ee/media/3193/download.
It has been debated over the years which aspects of establishing a database need to be regulated at the level of parliamentary law beyond the establishment of the database.
Analüüs. Andmekogud ja isikuandmed: EV Põhiseadusest ja IKÜM-st tulenevad nõuded regulatsioonile. (Analysis. Databases and personal data: requirements for regulation arising from the EV Constitution and the IKÜM.) / Mikiver, Monika, 2021, p. 29-34. Available at: https://www.just.ee/media/3193/download.
Usually, the law limits itself to foreseeing the establishment of the database and all further details, including the amount of personal data to be collected, the retention periods and the extent to which other agencies have direct access to the respective data are decided by executive decrees. This may, however, infringe the principle of relevance  which requires the legislator to determine by itself the primary conditions and extent of restrictions on fundamental rights by the public authorities. The Cabinet of Ministers has approved the views that, in addition to the establishment of the database, the general characteristics of personal data collected therein, storage intervals and the purposes of the further processing of the data collected should be defined at the level of law, especially if direct access to the database is given to other institutions.
See Valitsuse kabinetinõupidamise päevakord, 31. märts 2022 (The agenda of the Government Cabinet Meeting of 31 March 2022). Available at: https://valitsus.ee/uudised/valitsuse-kabinetinoupidamise-paevakord-31-marts-2022. The decision of the Government of 31.03.2022 on the approval of the Memorandum on the analysis of databases is available at the Government Office.
Furthermore, the establishment of new databases, as well as modifications on the requirements of data collected in existing databases, must be coordinated, among other things, with the Data Protection Inspectorate, which will assess whether the collection of such personal data in the database is at all legitimate as well as if there is no duplication of data collection.
Public Information Act, paragraph § 433(3). Available at: https://www.riigiteataja.ee/akt/107032023011.
To date, more than 1 300 databases and information systems have been registered, whereby the notion of an information system may overlap with the notion of a database, but a single database may also contain several different information systems (as a technical solution for using the data in the database).
All databases of the state, local government, or other legal entity under public law or private persons performing public duties must be registered in one separate register, which is called the administrative system of the state information system. Among other things, such a register also serves the purpose of getting an overview of the existing data and avoiding double collection of data. The website of the State Information System management system states that more than 1,300 databases and information systems are registered in the system: https://www.riha.ee/Avaleht.
3.2.1.2 Obligation to disclose information to individuals
The PIA also ensures transparency by obligating public administration to disclose certain information such as statutes of state or local government agencies and their structural units, budgets and draft budgets of state agencies, local governments and local government agencies, and reports on the implementation thereof; information concerning the receipt of state budget revenue and the document register of the agency.
Public Information Act, paragraph 28(1)(3), 28(1)(11), 28(1)(12), 28(1)(31). Available at: https://www.riigiteataja.ee/akt/107032023011.
State institutions such as The Chancellery of the Riigikogu, the Office of the President of the Republic, the Office of the Chancellor of Justice, the National Audit Office, courts, government agencies and legal persons in public law are obligated to maintain websites for the disclosure of information. A city or rural municipality government shall organise the maintenance of a website to provide details of the activities of the bodies and agencies of the city or rural municipality and to disclose information. The State Chancellery and ministries must implement measures to maintain websites by state agencies administered by them.
Public Information Act, paragraph 31.
3.2.1.3 National information gateway
To ensure that people have a primary channel and secure internet environment for obtaining information about and communicating with the state and that e-solutions are easily accessible for citizens, entrepreneurs and officials, Estonia has developed an information gateway called Eesti.ee.
Eesti.ee. Available at: https://www.eesti.ee/en.
Estonian open data portal. Available at: https://avaandmed.eesti.ee/.
According to the law, the Estonian information gateway is 'a website allowing access to public information related to the fields of activities of holders of information and the public services provided by them, and allowing access to public electronic services and reusable information.'
Public Information Act, paragraph 321(1).
3.2.2 The Administrative Procedure Act
The Administrative Procedure Act aims to 'ensure the protection of the rights of persons by the creation of a uniform administrative procedure which allows participation of persons and judicial control.'
Administrative Procedure Act, paragraph 1. Available at: https://www.riigiteataja.ee/akt/103022023014.
The Administrative Procedure Act plays a vital role in regulating the digitalisation of administrative activities. In Estonia, when conducting any administrative procedure,
Administrative Procedure Act, paragraph 5(6).
digital signatures
In Estonia, a digital signature is a signature that is legally valid and legally equivalent to a handwritten signature, where the user’s identity, the background of the issuer of the certificate, and the time of the signature have been verified and accurately established. (https://www.id.ee/en/article/digital-signing-and-electronic-signatures/).
and electronic seals
An electronic seal (”e-seal”) is used to ”certify electronically sent documents and prove that they originate from the institution that sent them.” (https://e-estoniax.com/solution/e-seal/).
are to be used in administrative process under the relevant legal acts. Requests (applications),
Administrative Procedure Act, paragraph 14.
administrative appeals
Administrative Procedure Act, paragraph 76(3).
and administrative regulations
Administrative Procedure Act, paragraph 92(1).
may be submitted and issued electronically. Administrative acts, summonses, notices and other documents can also be served electronically.
Administrative Procedure Act, paragraph 25(1).
Administrative acts may also be issued in electronic form,
Administrative Procedure Act, paragraph 55(3).
and digital signatures do not need to be added if the executive authority or a person authorised is identifiable according to the legal requirements.
Administrative Procedure Act, paragraph 55(4).
Generally, if documents are delivered electronically, they are accessible in the relevant information system, the Estonian information gateway, or via the participant’s e-mail address. Depending on the circumstances, a digital signature and/or an electronic seal are added.
Administrative Procedure Act, paragraph 27(1).
Although a significant part of the administrative procedure is digitised, the current Administrative Procedure Act does not regulate the issuing of automated administrative acts. The Amendment Act to the Administrative Procedure Act aims to create a legal basis for automatic administrative procedures, including automatic administrative acts or other administrative actions, which means public authorities’ activities without the intervention of an official or employee acting on behalf of an administrative body. A corresponding bill was withdrawn from the parliamentary legislative process at the end of the last legislative period. However, different automatic administrative procedures are already foreseen in certain legal acts regulating specific areas of digital public administration. For example, the tax authority has the right to issue administrative acts and documents in an automated manner without the direct intervention of a tax official.
Taxation Act, paragraph 462(1). Available at: https://www.riigiteataja.ee/akt/130062023044.
The same is also stipulated in the Environmental Charges Act, where the Environmental Board can issue administrative decisions and documents in an automated manner, without interference by an official of the tax authority.
Environmental Charges Act, paragraph 336. Available at: https://www.riigiteataja.ee/akt/130062023025.
In other cases, the administration can act proactively, meaning no special requests from the person’s side need to be made. Instead, certain data activates the administrative procedure. For example, to receive family benefits, no separate application is necessary. The registration of the birth of a child in the Population Register 'activates' the administrative procedure, and a benefits payment offer will be sent to the new parent.
3.2.3 Estonian legal framework on data protection
In 1996, the Riigikogu adopted Estonia’s first personal data protection law, ensuring its compliance with the data protection regulations of the EU, specifically with Directive 95/46/EC of the European Parliament and of the Council.
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
Explanatory memorandum to the amended edition of the Personal Data Protection Act (1196 SE)), p. 20. Available at: https://www.riigikogu.ee/download/e681453c-ce0a-3934-ae8f-35142016cf29.
In 1999, the Data Protection was established.
Andmekaitse Inspektsioon. Inspektsioonist. Eesmärk ja Visioon (Data Protection Inspectorate).
Today, when processing personal data, the GDPR and its requirements apply, as the regulation is directly binding and applicable in Estonia.
According to the Administrative Procedure Act paragraph 7(4), in administrative procedure, personal data shall be processed under the procedures for processing personal data deriving from Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, p. 1–88) and the Personal Data Protection Act, taking account of the specifications provided for in the Act.
Initially, in Estonia, the GDPR was met with criticism out of fear that the new unified framework would make Estonia, an e-state based on the extensive cross-use of data, impossible or too complex to uphold.
Eesti andmekaitse on Brüsseli reformi suhtes kriitiline. (Estonian data protection is critical to the Brussels reform.) / Sillaots, Marge. In: Õhtuleht, 30.01.2012. Available at: https://www.ohtuleht.ee/462330/eesti-andmekaitse-on-brusseli-reformi-suhtes-kriitiline; Indrek Teder: kas soovime suletud ühiskonda? (Indrek Teder: do we want a closed society?) / Teder, Indrek. In: Postimees, 07.06.2012. Available at: https://arvamus.postimees.ee/868200/indrek-teder-kas-soovime-suletud-uhiskonda; Euroopa Komisjon tõrjub Eesti hirme andmetsensuurist. (The European Commission rejects Estonia's fears of data censorship.) / Kund, Oliver. In: Postimees, 08.06.2012. Available at: https://www.postimees.ee/868834/euroopa-komisjon-torjub-eesti-hirme-andmetsensuurist.
However, the Ministry of Justice’s analysis of the necessary national changes caused by the EU data protection reform stated more optimistically that Estonia aimed at maintaining the Estonian public sector's distinctive accessibility and cross-use of databases through the X-road, including the once-only principle, i.e. the cross-use of data.
Justiitsministeerium. ISIKUANDMETE KAITSE UUE ÕIGUSLIKU RAAMISTIKU KONTSEPTSIOON (Ministry of Justice. THE CONCEPT OF THE NEW LEGAL FRAMEWORK FOR THE PROTECTION OF PERSONAL DATA), 18.04.2017, p. 33. Available at: https://adr.rik.ee/jm/dokument/5087413.
Data security issues are regulated by the Cybersecurity Act, which lays down requirements 'for the maintenance of network and information systems essential for the functioning of society, including network and information systems of the public sector, liability and supervision as well as bases for the prevention and resolution of cyber incidents.'
Cybersecurity Act, paragraph 1(1); available at: https://www.riigiteataja.ee/akt/106082022018.
3.2.4 Legal regulation of open data
Since 1999, the EU has seen significant potential in the free availability of public sector data to stimulate markets and create innovative products and services. Public sector bodies hold a large amount of data in different domains, such as geographic data, tourism information, statistical and business data, weather information, etc. This data is essential for developing public policies and delivering services, but it is also very valuable for Europe's economic development.
Commission of the European Communities. Public sector information: a key resource for Europe – Green Paper on public sector information in the information society. Brussels, 20.01.1999, COM(1998) 585 final. Available at: https://op.europa.eu/en/publication-detail/-/publication/599834ce-7a43-44fe-8cd8-334b3c19feba; see also: European Commission. COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS. A Digital Agenda for Europe. Brussels, 19.5.2010 COM(2010)245 final, p.9. Available at: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0245:FIN:EN:PDF; The influence of the PSI directive on open government data: An overview of recent developments. / Janssen, Katleen.  Government Information Quarterly 28, no. 4 (2011), p. 446.
Insofar the European lawmaker has only stated in general terms that EU regulations on open data leave intact and in no way affect the level of personal data protection ensured by law.
DIRECTIVE 2003/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 November 2003 on the re-use of public sector information Art.1(4); now DIRECTIVE (EU) 2019/1024 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 on open data and the re-use of public sector information Art. 1(2)(h), 1(4).
However, when the EU law on open data was transposed into Estonian law the question arose whether the re-use of public sector information also covered personal data.
In fact, the issue arose during the transposition of both directives mentioned in the previous reference (the PSI Directive and the Open Data Directive). The issue was addressed in the explanatory memoranda of the draft laws relating to both directives. See the Explanatory Memorandum to the Act Amending the Public Information Act (Draft Act 263 SE), p. 4, in relation to the transposition of the PSI Directive. On the open data directive, see the Explanatory Memorandum to the Draft Act amending the Public Information Act 409 SE, p 4.
The Estonian legislator took the view that the regulation on re-use is also applicable to personal data that have either already been disclosed by law, for example, if a register is by law publicly available on the internet or in case there are no particular restrictions concerning the access to the respective information held by public authorities.
Act amending the Public Information Act. Available at: https://www.riigiteataja.ee/akt/130112021003.  See the amendment to the Public Information Act explanatory memorandum, p. 4.
However, according to the legal amendment’s explanatory memorandum, if the administrative authority considers personal data to be open data, it must assess whether it is necessary to limit how it is made available for re-use (e.g. exclude full downloadability, etc.).
Explanatory memorandum to the Act Amending the Public Information Act 409 SE, p. 8-9. Available at: https://www.riigikogu.ee/tegevus/eelnoud/eelnou/9482dd7e-69bd-4ebe-9276-484e06728d52/avaliku-teabe-seaduse-muutmise-seadus.
Although personal data made available in the form of open data (downloadable and in machine-readable format) is still subject to the GDPR, it is questionable to what extent such extensive data processing can comply with the principles of personal data processing and the rights of the data subject enshrined in EU law. The different EU initiatives that ease access to and sharing of personal data serve without doubt the development and increase of data-driven solutions. However, there is also a need for further discussion and attention on how far the classification of personal data as open data can and should go. Since the (further) use of open data should not be subject to any restrictions according to its very wording, an EU-wide clarification of the question of what type of data open data can include would be helpful and necessary.
The following examples illustrate the consequences of the Estonian regulation, where the right to decide on the technical limitations of open data is left to the authorities.
For example, the land register contains the names of the immovable properties’ owners, but is also linked to the map server of the Land Board, thanks to which various maps of the property of interest as well as aerial photos of fairly good resolution can be directly accessed from the land register.
Land Register Act, paragraphs 11, 14. Available at: https://www.riigiteataja.ee/akt/117032023061.
The land register published on the Internet is not available for everyone to download, it is only possible to access the respective information by logging in to the online register and identifying oneself for each individual query. At the same time, the list of members of Estonian political parties can be downloaded in CSV format by anyone (this question is handled in more detail below, 3.3). Information on the person’s political beliefs and affiliation can therefore be regarded in Estonia as less protected than information on the respective person’s property.
3.2.5 Other regulations on Estonian digital public administration
In addition to legal acts, there are also non-binding regulations such as industry development plans, guidelines, and others that impact Estonian digital administration.
3.2.5.1 The e-state charter
The National Audit Office initiated the e-state charter. The charter mainly aims  to list the rights of individuals when communicating with public authorities. It therefore contains assessment criteria to determine if peoples’ rights are being ensured within the provision of public digital services. With the help of the charter, public authorities, local governments and service providers in the public sector can review their activity and establish goals for improving administrative procedures. The charter explains every listed right, including a reference to the laws in which these rights are regulated. It contains control questions for agencies and individuals to check whether the listed right is being ensured. The rights recorded and analysed in the charter are following: the right to receive comprehensive information about public services, the right to use one’s national e-ID, the right to obtain public services easily and conveniently, the right to receive information about the progress of service provision, the right to know what personal data public institutions have collected and how it is protected, the right to give feedback about the organisation of service provision is stipulated in the Constitution, the right to receive information from agencies electronically and the right to participate in decision-making processes.
3.2.5.2 Estonia’s Digital Agenda 2030
Estonia’s Digital Agenda 2030 is centred around creating a policy to use digital technology to develop the Estonian economy, state and society Estonia’s goal is to establish a leading user-experience for public services. This agenda sets out the development plan, policy principles, development directions, operational goals and directions for the next ten years regarding the digital state. The agenda focuses on  increasing the efficiency of state governance in Estonia by using information and communication technology and digital solutions.
Protokolli märgitava otsuse ”Eesti digiühiskond 2030 arengukava“ kinnitamine“ eelnõu seletuskiri (Explanatory memorandum to the ”Approval of the ”Estonia’s Digital Agenda 2030““ to be noted in the minutes). Available at: https://www.mkm.ee/media/6790/download, p. 3, checked: 07.11.2023.
Several public sector institutions digitalisation, among them the Ministry of Economic Affairs and Communications (MKM) and the Data Protection Inspectorate, have issued guidelines, principles, and manuals regarding the digitalisation of administrative services. The MKM has published guidelines for implementing different regulations, aiming to ensure the regulation’s uniform interpretation by authorities and provide advice.
See e.g.: Juhised määruse "Teenuste korraldamise ja teabehalduse alused" rakendajatele (Instructions for the implementers of the ”Bases of service organization and information management” regulation), avaliable at: https://www.mkm.ee/media/7309/download.
The Council of Public Services (Avalike teenuste nõukogu) that supports the MKM in coordinating the development of public services,
Majandus- ja kommunikatsiooniministeeriumi käskkiri ,,Avalike teenuste nõukogu ülesanded, koosseis ja töökord“ (Directive of the Ministry of Economic Affairs and Communications “Tasks, composition and working procedure of the Public Services Council“). Available at: https://www.mkm.ee/media/7323/download pt. 5.11.
developed ten principles for the development of digital services. Additionally, an ”E-Services Design Manual” (E-teenuste disainimise käsiraamat) has been established to help state employees renew services and ensure their user friendliness.
E-teenuste disainimise käsiraamat (Handbook of E-Service Design). Available at: https://www.mkm.ee/media/7327/download.
Some more notable examples include the 2013 'Green Book on the Organization of Public Services' (Avalike teenuste korraldamise roheline raamat)
Majandus- ja Kommunikatsiooniministeerium. Avalike teenuste korraldamise roheline raamat. Otsesed teenused kohustuste täitmiseks ja õiguste kasutamiseks, ning teenuse osutamist toetavate keskkondade loomine info- ja kommunikatsioonitehnoloogia võimalusi ja vahendeid kasutades (Ministry of Economic Affairs and Communications. Green Paper on the Organization of Public Services. Direct services for the fulfillment of obligations and the exercise of rights, and the creation of environments that support the provision of services using the possibilities and tools of information and communication technology). Available at: https://www.mkm.ee/media/7326/download.
and an action plan 'Simpler state 2020' (Lihtsam riik 2020)
Lihtsam riik 2020. Tegevuskava infoühiskonna arengukava 2020 meetme “Dokumendihalduselt infohaldusele” täitmiseks (Simpler State 2020. Action plan for the implementation of the information society development plan 2020 measure "From document management to information management"). Available at: https://www.mkm.ee/media/7389/download.
. The Data Protection Inspectorate has published several guides.
e.g. Andmekogude juhend (Databases Guide). Available at: https://www.aki.ee/sites/default/files/dokumendid/andmekogude_juhend.pdf; Avaliku teabe seaduse üldjuhend (General guide to the Public Information Act). Available at: https://www.aki.ee/sites/default/files/dokumendid/avaliku_teabe_seaduse_uldjuhend.pdf; Suurandmed ja privaatsus. Juhendmaterjal organisatsioonidel (Big Data and Privacy. Guidance for Organizations). Available at: https://www.aki.ee/sites/default/files/dokumendid/suurandmed_ja_privaatsus.pdf.

3.3 Main Stakeholders of the Digitalization of Estonian Administration

The main stakeholders of the digitalisation of Estonian administration are national bodies and agencies, advisory councils, municipalities, research institutions, judiciary and civil society.
3.3.1 Main stakeholders at the national level
In Estonia, legal acts – including those regulating the use of digital solutions by the state and where necessary, also by private persons - are passed by the Estonian parliament (Riigikogu). At least one member of the Riigikogu, Riigikogu parliamentary groups, Riigikogu committees, the government and the President of the Republic - for amendment of the Constitution - have the right to initiate laws. The Estonian Electronic State Gazette (the Riigi Teataja) is the central database and official online publication for Estonian legislation.
Riigi Teataja Act, paragraph 1. Available at: https://www.riigiteataja.ee/akt/111032023085.
The Riigi Teataja has been published also online since 1997 but the official electronic Riigi Teataja was presented in 2002.
Riigi Teataja võrguväljaandest (About Online edition of Riigi Teataja). Available at: https://www.riigiteataja.ee/abiLeht.html?id=1.
Since 2010, all national legal acts have been public in electronic form only.
Centre of Registers and Information Systems. State Gazette. Available at: https://www.rik.ee/en/international/state-gazette.
In the Estonian public institutions, specific state officials work on Estonian digital administration. At the Ministry of Economic Affairs and Communications, the Undersecretary for Digital Transformation, the Government Chief Data Officer and the Government Chief Technology Officer all play essential roles in the development of digital solutions in Estonian administration. The Ministry of Justice is responsible for data protection and ensuring the protection of fundamental rights in connection with the general coordination of the ministries' law-making activities.
Government of the Republic Act, paragraph 59(1). Available at: https://www.riigiteataja.ee/akt/130062023011.
The area of responsibility of the Minister of Economic Affairs and Information Technology, who heads the Ministry of Economic Affairs and Communications, includes information technology and telecommunications.
The competence of ministers in the management of the ministry and the areas of responsibility of the ministers pt. 6. Available at: https://www.riigiteataja.ee/akt/320042023001?leiaKehtiv.
The Ministry of Economic Affairs and Communications organises i.a. hackathons to incorporate the private and public sectors in innovation and cooperation concerning the e-state
Täna algav Digiriigi häkaton toob taas kokku riigiasutused ja IT-ettevõtted (The Digiriigi hackathon, which starts today, will once again bring together state institutions and IT companies). Available at: https://www.mkm.ee/uudised/tana-algav-digiriigi-hakaton-toob-taas-kokku-riigiasutused-ja-it-ettevotted.
and national digital services contests to determine the best digital service.
Selgusid riigi digiteenuste konkursi “Su/g 2022” finalistid (The finalists of the national digital services competition "Su/g 2022" have been announced). Available at: https://www.mkm.ee/uudised/selgusid-riigi-digiteenuste-konkursi-sug-2022-finalistid.
The Information State Authority (RIA) handles the development and administration of state information systems, oversees their interoperability, and handles any other proceedings regarding information security, including security incidents in Estonian computer networks.
Republic of Estonia Information State Authority. Authority, news and contact. Available at: https://www.ria.ee/en.
The Estonian legislator has assigned a dual role to the Data Protection Inspectorate.
Personal Data Protection Act, paragraph 56(1). Available at: https://www.riigiteataja.ee/akt/111032023011.
On the one hand, the Data Protection Inspectorate has been designated as a supervisory authority within the meaning of the GDPR. On the other hand, the Data Protection Inspectorate also supervises compliance with the requirements of the public information act (PIA; compare above, 3.2.1).
Public Information Act, paragraph 44(1). Available at: https://www.riigiteataja.ee/akt/107032023011.
The inspection therefore has an inherently divergent dual role: it must protect people's privacy and ensure the transparency of public information at the same time. The IT and Development Centre of the Ministry of the Interior is Estonia’s largest IT institution, which creates and manages the information systems necessary to save lives and ensure internal security (information systems of the police, rescue services and others).
Siseministeeriumi infotehnoloogia- ja arenduskeskus (Information technology and development center of the Ministry of the Interior). Available at: https://www.smit.ee/.
In the case of violations of personal data by the state and security/​surveillance or authorities, individuals can also inquire assistance from the Chancellor of Justice (compare above, B.I.3.c.).
Estonian Human Rights Centre. Digital Rights. Available at: https://humanrights.ee/en/topics-main/privacy/.
3.3.2 Advisory bodies
Two important advisory bodies of Estonian public administration digitalization are the E-Estonia Council and the e-Governance Academy (eGA). The E-Estonia Council, composed of experts, ICT sector representatives and related ministers and chaired by the Estonian prime minister, is in charge of overseeing the progress of Estonian digital society, e-governance and implementation of national digital agendas and its work is organised by the Strategy Unit of the Government Office. The e-Governance Academy (eGA) is a joint initiative of the Estonian government, the Open Society Institute (OSI) and the United Nations Development Programme, which helps develop digital technologies for the public sector and civil society organisations by consulting, training, networking, research and assisting.
e-Governance Academy. Available at: https://ega.ee/about-us/.
3.3.3 Municipalities
Estonia has a one-tier local government system. The 79 local governments decide on local issues, however digitalization issues are mostly dealt with on a national level. Yet the government supports the activities of the Association of Estonian Cities and Municipalities (AECM) to further develop local governments’ IT systems and capabilities. The two biggest cities of Estonia, Tallinn and Tartu, are the main developers of AI implementation at local level. For example, Tallinn has a driverless bus route, an AI based pedestrian crossing and autonomous snow shovelling robots intended for public use whilst Tartu is taking part in the European project SmartEnCity and is part of a joint project between Tartu, ICT companies and infrastructure companies called Estonian Smart City Cluster.
Artificial Intelligence, Big Data and Fundamental Rights. Country Research Estonia, 2020, p. 8-10. Available at: https://fra.europa.eu/sites/default/files/fra_uploads/fra-ai-project-estonia-country-research_en.pdf.
3.3.4 Research institutions
Research institutions are also major stakeholders in the digitalisation of Estonian Administration. The University of Tartu (UT) offers an Information Technology Law program.
Information Technology Law. Master's. Available at: https://ut.ee/en/curriculum/information-technology-law.
Tallinn University of Technology (TalTech) operates a Digital Governance Lab that aims to advance public governance models and frameworks.
Digital Governance Lab. Available at: https://digigovlab.ee/.
TalTech also has a cooperation between TalTech Law School and NJORD Law Firm called TalTech Legal Lab, which joins together law and tech experts who have in-depth knowledge in technology law and are experts in AI, data protection, IT law and legal tech.
TalTech Legal Lab. Available at: https://taltechlegallab.com/.
Other important research institutions include the Estonian Research Council, Praxis and the Arenguseire Keskus (Foresight centre). The Estonian Research Council is a governmental foundation aiming at guaranteeing the funding of research and development.
Estonian Research Council. Available at: https://www.etag.ee/en/estonian-research-council/.
Praxis is a socio-economic research centre that creates evidence-based analyses and monitors the implementation of different policies. Courts of first and second instance are administered in cooperation between the Council for Administration of Courts and the Ministry of Justice.
Arenguseire Keskus (Foresight Centre). Available at: https://arenguseire.ee/en/about/.
The Arenguseire Keskus is a think tank situated at the Estonian Parliament that analyses long-term development in society, identifies new trends and developments and drafts development scenarios.
3.3.5. Other Stakeholders
Courts of first and second instance are administered in cooperation between the Council for Administration of Courts and the Ministry of Justice.
Courts Act, paragraph 39(1). Available at: https://www.riigiteataja.ee/akt/111032023019.
The Supreme Court on the other hand, being a constitutional institution, administers itself.
Brochure of the Supreme Court of Estonia. Available at: https://www.riigikohus.ee/sites/default/files/Tr%C3%BCkis/2019-Riigikohus-brozuur-2019-ENG.pdf, p. 18.
Although the courts are also open to various IT solutions, as well as applications based on artificial intelligence as helpful tools,
Villu Kõve: kohtute tööjõupuudust aitaks leevendada tehisintellekt (Villu Kõve: artificial intelligence would help alleviate the shortage of court manpower). / Kirsberg, Kristi. 08.06.2023. Available at: https://www.kohus.ee/en/node/41925.
such as automatic recording of court hearings using speech recognition technology, the rumour that Estonia is planning to introduce a robot judge is not true.
„Can AI Be a Fair Judge in Court?“ Denkt Estland so?. Herberger, Maximilian. NJW-aktuell /
 
One important Estonian civil society stakeholder concerning fundamental and digital rights is the Estonian Human Rights Centre. The Estonian Human Rights Centre is an independent non-governmental human rights organization that aims to ensure the respect for each individual’s human rights.
Estonian Human Rights Centre. Available at: https://humanrights.ee/en/.
However, in Estonia there are not many third-sector institutions focusing on the protection of fundamental rights in the digital sphere.

4. The Values of Democracy and Rule of Law, Trust in Public Administration and Respect of Citizens’ Rights within the Framework of the Digitalization of the Estonian Administration 

4.1 Democracy and the Rule of Law

Democracy and rule of law are both core principles of the Constitution of Estonia and are mentioned in its § 10. That means that both of those principles need to be retained and respected throughout the rapid development of digitalization of the Estonian Administration in order not to contradict the Constitution. 
4.1.1 Democracy
The value of democracy is a key consideration within the framework of the digitalization of the Estonian administration. With the rapid developments in digitizing public administration, abiding by and implementing the principle of democracy has raised different questions concerning the people’s right to be the source of the state’s 'supreme power', as vested in § 1 of the Constitution.
Questions about the connection between democracy and digitalization have arisen in Estonia particularly in the context of e-elections, and these are closely linked to questions of trust in the system and its technical functioning. 
In its decision on the constitutionality of e-voting the court in 2005 acknowledged the aims of e-voting – i.e. the increase of voter turnout, better integration of decision-making in people’s common lives as well as the modernisation of electoral practice – to be legitimate but acknowledged that e-voting could jeopardise the principle of freedom of elections and the principle of secrecy of voting.
RKPJKo 01.09.2005, 3-4-1-13-05, pt. 25 -27 available at: https://www.riigikohus.ee/lahendid?asjaNr=3-4-1-13-05.
However, the court held that by providing the possibility of changing one's vote electronically, the legislator had struck an appropriate balance between the electoral principles deriving from the Constitution.
RKPJKo 01.09.2005, 3-4-1-13-05, pt. 32 available at: https://www.riigikohus.ee/lahendid?asjaNr=3-4-1-13-05.
In later cases concerning e-voting, the Supreme Court has acknowledged shortcomings in its legal regulation, but not found explicit unconstitutionality.
RKPJKo 24.10.2017, 5-17-32. Available at: https://www.riigikohus.ee/lahendid?asjaNr=5-17-32/2 ; RKPJKo 21.10.2021, 5-21-15. Available at: https://www.riigikohus.ee/lahendid?asjaNr=5-21-15/3 ; RKPJK 28.10.2021, 5-21-16. Available at: https://www.riigikohus.ee/lahendid?asjaNr=5-21-16/3 .
Recent cases contesting e-voting were brought before the court in March 2023, following parliamentary elections. This also corresponds to a more recent, albeit not predominant, trend in society and politics that questions the legitimacy of e-voting. One of the complaints in this regard was submitted by the Conservative People's Party of Estonia, which can be classified as right-wing conservative.
The respective decision of the ESC can be found at: RKPJKo 30.03.2023, 5-23-20. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=5-23-20/5.
The ESC dismissed all corresponding election appeals, but pointed out that the organisation of electronic voting needs to be more thoroughly written into law.
The Constitutional Review Chamber of the ESC noted i.a. that although the basic regulation of the organisation of electronic voting follow currently from the Riigikogu Election Act and the acts of the National Electoral Commission and the Electoral Service, the regulation of e-voting relies to a great extent on subordinate legislation. Therefore, regulations and processes are often difficult to understand.
See also the corresponding information from the State Court: https://www.riigikohus.ee/et/uudiste-arhiiv/riigikohus-e-haaletus-tuleks-seaduses-tapsemalt-lahti-kirjutada. Further information about the ESC decision to dismiss election complaints: Supreme Court dismisses all election complaints, 30.03.2023. Available at: https://news.err.ee/1608932273/supreme-court-dismisses-all-election-complaints.
Though the rapid development of technology can make it difficult for the legislator to keep pace with the relevant changes, the lawmaker has nonetheless a constitutional obligation to lay down the respective rules in electoral law in sufficient detail to ensure scrutiny and public confidence in elections.
See also the corresponding information from the State Court: https://www.riigikohus.ee/et/uudiste-arhiiv/riigikohus-e-haaletus-tuleks-seaduses-tapsemalt-lahti-kirjutada. Further information about the ESC decision to dismiss election complaints: Supreme Court dismisses all election complaints, 30.03.2023. Available at: https://news.err.ee/1608932273/supreme-court-dismisses-all-election-complaints.
Estonia has also introduced digital solutions to better involve people in political decision-making. Two of them, called OSALE.ee and TOM.ee. and launched in the early 2000s, aimed at making it easier for people to contribute their suggestions and views on legislative proposals. However, both of these proved not really successful, mainly because of the sheer volume of information people were confronted with.
See for more information Why E-participation systems fail: The case of Estonia's Osale.ee./ Toots Maarja in: Government Information Quarterly 36, no. 3 (2019): 546-559.
Today, direct participation is enhanced in particular through the possibility of submitting petitions to parliament as well as local governments. Petitions are handed in and signed digitally. The https://rahvaalgatus.ee/ environment has proven popular.
For more detailed information, see: https://rahvaalgatus.ee.
The e-governance Academy (see also above, 3.3.2) uses a variety of (especially international) cooperation, training and projects to show how digital solutions can be used in the service of democratic decision-making.
Homepage of the e-Governance Academy: Digital Democracy Policy and Framework Development. Available at: https://ega.ee/services/digital-democracy/.
4.1.2 The Rule of Law
In the context of digitalization, issues focused exclusively on the rule of law have rarely been at the forefront of Estonian political and legal discourse. In this respect, the topics are mostly focused on the digitalization of the justice system and in particular the resulting simplification and acceleration of court proceedings.
For more details see e.g.: E-Estonia Homepage: Factsheet E-Justice. Available at: https://e-estonia.com/wp-content/uploads/2020mar-facts-a4-v04-e-justice.pdf.
However, two recent examples highlight possible challenges to the rule of law due to digitalization and refer to the question of the extent to which automatic decision-making processes require a legal basis in accordance with the rule of law.
The first example concerns the Estonian Environment Agency’s decision to use automated felling permits in certain situations. In one case, such a felling permit was challenged in court by a non-profit organization because, in the complainant's view, the information system was not able to assess both the existing green belt and the bird species nesting there. On this occasion, the court commented for the first time in more detail on the duties incumbent on public authorities in the context of the regulation and use of automated administrative procedures.
In this respect, the court took the view that the procedure in question was not to be classified as unlawful only due to the fact that the automated decision-making was not based on a corresponding legal basis. In particular, the court argued that the automatic decision was not based on the processing of personal data in the present case and therefore Article 22 GDPR did not apply. Nevertheless, the court noted that it cannot be ruled out that also outside the scope of Article 22 GDPR, an appropriate legal basis may in some cases be necessary for making important administrative decisions by means of more complex technologies, such as self-learning algorithms.
RKHKo 28.09.2023, 3-21-979, p 39. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-21-979/44.
However, according to the court’s decision, the administrative principles of investigation and caution as well as the obligation to inform the public apply to the administrative procedure and issuance of felling permits regardless of whether the decision to register the forest declaration is taken by an individual public official or by an automated information system. The use of an automated system does – in other words – not in itself relieve the administrative authority of the obligation to comply with any of the relevant legal provisions.
RKHKo 28.09.2023, 3-21-979, p 39. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-21-979/44.
In the case at hand, the court declared unlawful the automated granting of felling permits by the Environment Agency without informing the public beforehand. The ESC found that the lawfulness of automated decisions is the responsibility of the authority implementing the information system, which must ensure that the underlying data used by the information system is accurate, complete and up-to-date, and that the information system complies with all legal standards. If the available technology does not allow these requirements to be met, the decision-making process must involve human intervention, the ESC added.
RKHKo 28.09.2023, 3-21-979, p 41. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-21-979/44.
The second example deals with the so-called consent service, a digital solution introduced by the Estonian public administration in 2021. The consent service gives people the opportunity to decide to share data concerning themselves and available in national databases with the private sector. For example, when applying for instalment payments, there is no need to take the necessary data from the Tax and Customs Board to prove one´s solvency – with the applicant’s consent, the bank can quickly and conveniently get the respective information directly  from the Tax and Customs Board.
Riigi Infosüsteemi Amet. Mis on nõusolekuteenus ja kuidas see kõigile kasu toob? (What is a consent service and how does it benefit everyone?). 08.09.2023. Available at: https://digipro.geenius.ee/blogi/turvalise-e-riigi-blogi/mis-on-nousolekuteenus-ja-kuidas-see-koigile-kasu-toob/.
With the consent service, a person can also give private entities the right to access one’s health data stored in public databases, for example for personalized medicine applications.
Tervise Arengu Instituut. Tulevikus saab personaalmeditsiini teenuste jaoks anda nõusolekuid Terviseportaalis (In the future, you will be able to give consent for personalised medicine services through the Healthcare Portal). 26.04.2023. Available at: https://www.tai.ee/et/personaalmeditsiini-uudiskirjad/tulevikus-saab-personaalmeditsiini-teenuste-jaoks-anda-nousolekuid.
According to the National Information System Authority, the health sector may be the one profitting most of such a consent service. Although it was already recognised at the beginning of 2021 that the implementation of the consent service would require a change in the law, the system has now been implemented, but the drafting of the bill has not yet been completed.
Uus nõusolekuteenus võimaldaks riigi kogutud andmeid jagada ettevõtetega. (New consent service to allow data collected by the state to be shared with businesses). 25.11.2021. Available at: https://www.err.ee/1608414620/uus-nousolekuteenus-voimaldaks-riigi-kogutud-andmeid-jagada-ettevotetega.
Particularly in the context of health data and financial services, the practical implementation of such an innovative solution without a corresponding legal basis raises a number of questions. Among other things, the question arises as to what extent a person's consent is actually free if, for example, the granting of a loan depends on it. Similarly, whether people are sufficiently informed about the scope of private companies' right to access their personal data and to what extent there is adequate regulation for legal responsibility and liability in the event that the public institution, for example, provides private third parties with information about the person that results in discriminatory decisions or other legal violations. 

4.2 Trust in Public Administration

A functioning public administration is one of the constituent elements of any form of state. Not only this structural permanence, but also the positive relationship of the citizens to their institutions is a core value.
Vertrauen in die öffentliche Verwaltung–Zwischen Systemstabilität und Modernisierungsdruck. / Rölle, Daniel. In: dms–der moderne staat–Zeitschrift für Public Policy, Recht und Management, 2009, 2(1), p. 27-28.
According to recent studies, the two most important determinants of citizens’ trust in public institutions is the quality of public services and the level of social tensions as perceived by the citizens.
Maintaining trust in a technologized public sector. Policy and Society / Bodó, Balázs; Janssen, Heleen. In: Policy and Society, 41(3), p. 414-429. p. 417.
Estonia is known for the fact that, on average, its inhabitants have great confidence in data processing by the public sector.
According to a research project conducted by the Estonian Ministry of Justice in 2020, Estonian residents consider the collection of data by the state to be secure. Every third Estonian considers that concerns about personal data protection are overrated.
Inimeste privaatsusõigused ja isikuandmete kaitsmine 2020 (People's privacy rights and personal data protection 2020). Webpage of the ministry of Justice of Estonia. 05.11.2020, p.47. Available at: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiT7dDakbOCAxVoAxAIHX1yBN4QFnoECA0QAQ&url=https%3A%2F%2Fwww.just.ee%2Fmedia%2F494%2Fdownload&usg=AOvVaw3CFN4NVZUksaT7gBjeQtvq&opi=89978449.
The fact that the state can access an individual's personal data without their consent is generally not considered to be a significant problem. Consequently, the general attitude towards the state combining data from different databases is rather positive. People do rather favour the possibility of combining information from different databases if this serves to improve the provision of services by the public sector.
Inimeste privaatsusõigused ja isikuandmete kaitsmine 2020 (People's privacy rights and personal data protection 2020). Webpage of the ministry of Justice of Estonia. 05.11.2020, p. 8, 46. Available at: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiT7dDakbOCAxVoAxAIHX1yBN4QFnoECA0QAQ&url=https%3A%2F%2Fwww.just.ee%2Fmedia%2F494%2Fdownload&usg=AOvVaw3CFN4NVZUksaT7gBjeQtvq&opi=89978449
Also in its “Estonia’s Digital Agenda 2030” strategy paper, the Ministry of Economic Affairs and Communications draws special emphasis to the importance of ensuring transparency and reliability when implementing new technologies that may have an adverse impact on fundamental rights (e.g. AI, data analytics, etc.).
Estonia’s Digital Agenda 2030. Ministry of Economic affairs and Communications development agenda of the field. p. 17. 2021. Available at: https://www.mkm.ee/media/6970/download.
Transparency is being enhanced by providing people with the possibility to get an overview of the public institutions that use the individual’s personal data and on the respective purposes the data is used. With this in mind, the Estonian administration has introduced the so-called data tacker. The data tracker monitors the traffic of an individual’s personal data in and out of different databases, extracts the necessary log records and stores them in the tracker. This information is displayed to the citizen on the state portal eesti.ee. For example, the person concerned can see that his or her identity has been checked by the Estonian Police and Border Guard Board at the airport of Tallinn at a certain time. However, it is not mandatory for the administration to connect its databases to the data tracker. Therefore, although the data tracker is a step on the way to more transparency, to date the indicated information does not include all public databases but only some of them. Considering that the Estonian e-government is largely based on the cross-use of different databases of the public administration, the regulation of mandatory use of the data tracker would be an important means to promote transparency.
The Chancellor of Justice explained in her 2022 annual report, that the e-government opens and speeds up the possibilities of communicating with the state. However, this should not lead to a new type of exclusion, which means that those who are excluded from the digital state can no longer actively participate in society. The opportunity to interact with the state must remain open to all people in Estonia, regardless of whether they are able or want to communicate via e-channels or not. Those who cannot or do not have the opportunity or knowledge to use e-channels must be helped by the state to improve their skills and be made aware of how to use the services the e-government provides.
Annual review of the Chancellor of Justice of 2022. p. 23; available at: https://www.oiguskantsler.ee/ylevaade2022/.
The Chancellor of Justice also emphasized the need to distinguish automated administrative decisions from decisions taken with the help of artificial intelligence, stating that it is important that the person knows that the decision was made by a machine and that they can challenge it effectively if needed.
How to implement artificial intelligence in such a way that human rights are protected? Chancellor of Justice webpage. Available at: https://www.oiguskantsler.ee/en/how-implement-artificial-intelligence-such-way-human-rights-are-protected.
Trust in the context of the digitization of public administration is shaken if sensitive personal data falls into the wrong hands or becomes public. In February 2019, a mother sent a rehabilitation plan for her adult daughter with a mental disability to the Social Insurance Board (SKA). However, an employee of the agency forgot to add an access restriction to the information provided, as a result of which the health records described in the plan were publicly available in the online document register for two months. This health data was found in the register by a journalist who wrote a news story about his finding, drawing attention to the question of adequate data protection in general. The SKA restricted access to the data concerned as soon as it found out about the problem. The woman, having learned of the incident from the journalist, sought compensation from the SKA on behalf of her daughter for the non-material damage caused by the disclosure of her health data.
RKHK 06.01.2021, 3-19-1207, pt 1-5. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-19-1207/21.
In its reply, the agency acknowledged the error and apologized, but refused to pay financial compensation.
RKHK 06.01.2021, 3-19-1207, pt 5. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-19-1207/21.
The administrative and district courts hearing the appeal found that the Agency had acted unlawfully in disclosing the health data, but that financial compensation was not justified in this case.
RKHK 06.01.2021, 3-19-1207, pt 7,9. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-19-1207/21.
The Supreme Court agreed with the judgment of the lower courts and stressed that it had been established that the data had been checked during its unlawful publicity only seven times in total and that it was not known that it had been accessed by anyone other than the SKA officials and the respective journalist. The SKA had also reacted immediately after learning of the incident and apologized to the complainant. Therefore, according to the Supreme Court, the damage caused did not exceed the threshold for the award of a financial compensation.
RKHK 06.01.2021, 3-19-1207, pt 26.2. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-19-1207/21.
There have been similar cases, where personal information has been unlawfully openly accessible in public databases, but these cases have not caused general uncertainty in the public administration or digital administration, as research has shown.
Kaheksa eestlast kümnest usaldab e-teenuseid (Eight out of ten estonians trust in e-services). Sillasoo, Signe. Äripäev. 04.06.2020. Available at: https://www.foundme.io/uudised/2020/06/04/kaheksa-eestlast-kumnest-usaldab-e-teenuseid. See more about cases brought against e-voting: https://www.riigikohus.ee/et/lahendid?tekst=elektroonilised%0D%0A&sortVaartus=LahendiKuulutamiseAeg&sortAsc=false&kuvadaVaartus=Pealkiri&pageSize=25&defaultPageSize=25

4.3 Respect of Citizens’ Rights

4.3.1 Fundamental rights protected by the Constitution regarding digitalisation
Also, with a view to digitalisation by the administration, the respect for citizen’s rights can be derived from the Constitution (EC). The following constitutional rights have to do with the gathering, receiving, storing and providing of information.
EC § 26 stipulates that 'everyone has the right to the inviolability of private and family life. State agencies, municipalities and their officials shall not interfere with the family or private life of any person except in the cases and pursuant to a procedure provided by law to protect the health, morals, public order, or the rights and freedoms of others, to prevent a criminal offence or to apprehend a criminal offender.'
The Constitution of the Republic of Estonia, paragraph 26.
Informational self-determination also includes a person’s right to decide whether and how much of their personal data is collected and stored. Therefore, an important part of the right to private life is also the protection of personal data. EC § 26 protects a person's right to decide to what extent personal data is published
The Constitution of the Republic of Estonia. Annotated Edition 2020, paragraph 26. Available at: https://pohiseadus.ee/, checked: 07.11.2023.
.
  1. In addition to EC § 26, there are other provisions in the Constitution that regulate various aspects of privacy. For example, EC § 43 protects the right to the confidentiality of messages,
    The Constitution of the Republic of Estonia, paragraph 43.
    EC § 33 protects the inviolability of the home
    The Constitution of the Republic of Estonia, paragraph 33.
    and EC § 42 protects Estonian citizens from the collection and storage of data about their various beliefs (religious or philosophical and moral beliefs, political views, etc.).
    The Constitution of the Republic of Estonia, paragraph 42.
EC § 44 stipulates that 'everyone has the right to freely receive information disseminated for public use.' A particular citizens’ right to information is specified in section 3 of the paragraph: 'Estonian citizens have the right to access information about themselves held in state agencies and municipalities and in state and municipal archives, pursuant to a procedure provided by law. This right may be restricted on the basis of a law to protect the rights and freedoms of others or the confidentiality of a child’s filiation, and in the interests of preventing a criminal offence, apprehending a criminal offender or ascertaining the truth in criminal proceedings.'
The Constitution of the Republic of Estonia, paragraph 44.
4.3.2 Privacy vs transparency in case-law and opinions
The digitalization of administration poses multiple new questions concerning the protection of personal rights. These problems are most often related to disclosure and processing of personal data.
An example of this is the Estonian regulation on political parties’ membership. As already mentioned above (see 3.2.4), the Public Information Act obliges the disclosure of political parties’ membership lists.
Public Information Act, paragraph 28(28).
The constitutional conformity of this act was doubted by the Chancellor of Justice in 2003, who stated that political party membership lists should not be disclosed publicly.
Jõks salastaks erakondade nimekirjad (Jõks would make party lists secret). In: Delfi, 26.07.2003. Available at: https://www.delfi.ee/artikkel/6048372/joks-salastaks-erakondade-nimekirjad.
Later, however, the Chancellor of Justice took the view that since the purpose of political parties is the exercise of state power, the transparency of state power also implies the need to ensure the openness of party members.
The Chancellor of Justice’s opinion nr 6-1/080996/00808156 of 28 November 2008. Available at: https://www.oiguskantsler.ee/et/seisukohad/seisukoht/vastuolu-puudmine-erakonnaliikmete-nimekirjade-avalikustamine-0.
2019, briefly before the Estonian parliamentary elections, journalists published online and in the newspaper all party members’ names serving sentences and those with valid and time-barred offences and misdemeanours, including the acts committed by them.
Paper: Over 300 Centre members carrying criminal punishments / ed. Vahtla, Aili. In: ERR, 08.02.2019. Available at: https://news.err.ee/908958/paper-over-300-centre-members-carrying-criminal-punishments; More than 400 Reform members have criminal record, 233 serving sentence / Cavegn, Dario. In: ERR, 06.02.2019. Available at:  https://news.err.ee/907867/more-than-400-reform-members-have-criminal-record-233-serving-sentence.
Although it was mentioned on the fringes of the discussion that the especially the disclosure of those people whose conviction was already time-barred might be very unpleasant for them, the public as well as the parties did generally not call into question the behaviour of the journalists. There were also no debates concerning the legality of such a disclosure, as the journalists’ investigations were clearly in line with current law. According to the Criminal Records Database Act, the person’s name in the respective court decision shall be replaced by initials after the punishment has been time-barred. Anyhow, this regulation does not apply for certain offences, including murder, manslaughter, and offences against minors, but also trafficking of narcotics, affiliation in criminal organisations and money laundering.
Criminal Records Database Act, paragraph 28. Available at: https://www.riigiteataja.ee/akt/114032023027.
Everyone has the right to access the databases’ information freely, as far as concerns themself or a legal person. If information concerning another natural person is requested, the legal basis or objective of requesting the data has to be confirmed in the query.
Criminal Records Database Act, paragraph 15(1).
The publication of infringements has also been applied by administrative bodies. For example, in the beginning of the 2000s, the city of Tartu disclosed the information of debtors to the city and the Estonian police published information of people who committed drunk driving. As such measures were based on administrative practice only, they were abandoned with the legal anchoring of digital administration.
Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union / Tupay, Paloma Krõõt, p. 12–13.
Court rulings are generally public.
The Constitution of the Republic of Estonia, paragraph 24.
Court decisions that have entered into force are required to be made public online, whilst taking into account disclosure restrictions that arise from other provisions.
Public Information Act, paragraph 28(1)(29).
The information shall be disclosed on a website or through a link to a webpage through which the data can be accessed.
Public Information Act, paragraph 29(1).
The Ministry of Justice has attempted to implicate stricter conditions for the publication of criminal court rulings on several occasions. However, this proposals have been met with criticism by the public and the media as restricting the freedom of the press and information and have not been approved by the parliament.
See in more detail: Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union / Tupay, Paloma Krõõt, p. 9-10.
However, the personal identification number and name or date of birth of an underage accused are replaced by initials or a character sign, except if the disposition to be made public is at least the third one convicting the minor of a criminal offence.
Code of Criminal Procedure, paragraph 4081(2). Available at: https://www.riigiteataja.ee/akt/111032023026.
In civil procedures, the data subject‘s name is replaced with initials or an alphabetic character and their personal identification number, date of birth, registration number or address are not published if the data subject requests so.
Code of Civil Procedure, paragraph 462(2).
In administrative procedures, per request of the data subject, the name of the data subject is replaced by initials or a sequence of letters, and their personal identification code, date of birth, registration number, address or other particulars which would permit specific identification of the data subject are not published.
Since 2017, to combat the issue of youth neither in employment nor in education or training (NEET youth), local authorities can let automatically screen their local inhabitants up to twice per calendar year for young people between the age of 16 and 26 who match the NEET criteria and then proactively contact the individual possibly in need. The individual has the right to decline the processing of their personal data but in this case, the respective information on the decline remains in the database until the person’s 27th birthday.
Social Welfare Act, paragraph 151. Available at: https://www.riigiteataja.ee/akt/130062023073.
The Chancellor of Justice has questioned the proportionality of this regulation with a view to one’s right to privacy.
Arvamus maksukorralduse seaduse ja sotsiaalhoolekande seaduse  muutmise seaduse eelnõu kohta (Opinion on the draft law amending the Taxation Act and the Social Welfare Act). Available at: https://www.oiguskantsler.ee/et/seisukohad/seisukoht/arvamus-maksukorralduse-seaduse-ja-sotsiaalhoolekande-seaduse-muutmise-seaduse.
However, the law not been contested in court.
Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union / Tupay, Paloma Krõõt, p. 14.
The Chancellor of Justice has had to deal with a number of appeals concerning a person’s place of residence which in some of the online public state registers is openly displayed. For example in the public online business register, the name and personal identification number of the natural person associated with a company as well as its registered office and address are displayed.
Commercial Code paragraph 28 (1), 75(2). Available at: https://www.riigiteataja.ee/akt/123122022034.
In some instances, the personal data of natural persons is also published in the online register of economic activities, where the contact details of the entrepreneur (telephone number, e-mail address and postal address) are entered.
General Part of the Economic Activities Code Act, paragraphs 51, 14, 15(1), 15(2). Available at: https://www.riigiteataja.ee/akt/106042021005.
Individuals who contacted the Chancellor of Justice were disturbed by the disclosure of their personal data, primarily as this registers disseminate their public data to numerous online directories and economic information portals, which are also covered by the google search engine.
Õiguskantsler. Füüsilisest isikust ettevõtjate andmete avaldamine (The Chancellor of Justice. Publication of self-employed data) nr 14-3/200725/2004572, 24.08.2020. Available at: https://www.oiguskantsler.ee/sites/default/files/field_document2/F%C3%BC%C3%BCsilisest%20isikust%20ettev%C3%B5tjate%20andmete%20avaldamine.pdf.
The Chancellor of Justice stressed that in some instances self-employed persons have no choice but to register a business at their home address. However, a person's home address constitutes personal data and is therefore protected by the fundamental right to privacy. The Chancellor of Justice questioned whether the data collected must be publicly available to anyone for enquiries and also completely downloadable from the register of economic activities, asking both the Minister of Justice and the Ministry of Economic Affairs and Communications to justify the publication of residence data on the Internet.
Õiguskantsler. Füüsilisest isikust ettevõtjate andmete avaldamine (The Chancellor of Justice. Publication of self-employed data) nr 14-3/200725/2004572, 24.08.2020. Available at: https://www.oiguskantsler.ee/sites/default/files/field_document2/F%C3%BC%C3%BCsilisest%20isikust%20ettev%C3%B5tjate%20andmete%20avaldamine.pdf.
In its reply, the Ministry of Justice admitted that the same problem also occurs in other cases, e.g. in the case of limited liability companies with only one shareholder, as well as in the case of non-profit organisations with a single board member that do not have a separate office. The Ministry of Justice announced its intention to analyse the issue raised and its possible solutions in the framework of the revision of company law.
Justiitsministeerium. Vastus märgukirjale (Ministry of Justice. Response to the letter) nr 10-4/5090-2. Available at: https://adr.rik.ee/jm/dokument/7513099.
However, the matter has not yet been resolved.
4.3.3 Case-law regarding the infringement of fundamental rights due to digitalization
Digitalization and the processing of data as an infringement of fundamental rights has been a subject of examination for the Supreme Court of Estonia on several occasions. The court has stated that the 'collection, storage, use and disclosure of personal data is considered to be an infringement of the right to respect of privacy, among other things.'
RKHKo 12.07.2012, 3-3-1-3-12 pt. 19. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-3-1-3-12.
In one case the Supreme Court had to decide upon, the Tartu municipality government refused against the instruction of the Data Protection Inspectorate to share upon request information on the wages for municipal employees in a personalized form. According to the law, the municipality only has the obligation to make salary data of the municipalities’ officials public. However, the law does not regulate the possible communication of information concerning the wages of the employees of local governments. The Supreme Court stated that in the case at hand, two conflicting fundamental rights collided: the right to receive information from the local government about its activities (EC § 44 (2)) and the right of the local government’s employees to privacy (EC § 26). However, the court decided that to ensure transparency of the use of local government property and to prevent corruption, the wages of the respective employees are information the local government is obliged to share upon request.
RKHKo 17.10.2018, 3-15-3228 pt. 15. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=3-15-3228/37.
The public interest to information prevails insofar over the personal interest in privacy.
In another case, the Supreme Court analysed the constitutionality of a legal regulation obliging non-profit associations to submit their annual report electronically or through a notary for an additional fee of approximately 25 euros. Annual report submitted to the registrar on paper were not accepted and returned. The court found that the contested regulation violated the freedom of association, as it did not give non-profit associations the possibility to remedy their deficiency and therefore contradicted i.a. the principle of fair procedure, especially in the case at hand where the infringement could lead to a fine or even the deletion of the non-profit association from the register.
RKÜKo 2.10.2018, 2-17-10423, pt. 43, 59.3. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=2-17-10423/20.
However, the Supreme Court en banc did not generally find the obligation to submit annual reports exclusively in an electronic form an unproportional infringement of the freedom of association. The court ruled the regulation demanding the presentation of annual reports exclusively in electronic form constitutional, as the law makes administration more uncomplicated and more effective and reporting more transparent and comparable.
RKÜKo 2.10.2018, 2-17-10423, pt. 46, 59.1. Available at: https://www.riigikohus.ee/et/lahendid?asjaNr=2-17-10423/20.
The majority of judges did not agree with the claimant’s view that the regulation could prove too burdensome for a small non-profit association which did not act for the public benefit nor carry out any economic activity.
For more details see also: Estonia, the Digital Nation - Reflections of a Digital Citizen’s Rights in the European Union / Tupay, Paloma Krõõt, p. 14.
Therefore in this case at, in the court’s view, the interest of the public prevailed over possible individual legal limitations.
The Supreme Court has also in a recent court ruling for the first time dealt with issues concerning automated decision-making by the public authorities. In this case relating to felling permits (the case is discussed in more detail above, see 4.1.2), the court drew attention to the necessity of paying adequate attention to the principles of citizen-centric public administration also in the context of technological innovation. 

5. The possible impact of the EU’s envisioned AI Act on Estonian Administrative Law

5.1 Estonia’s opinion on the EU’s envisioned AI Act 

The 'White Paper on Artificial Intelligence: a European approach to excellence and trust' was published by the European Commission in February 2020.
European Commission, White Paper on Artificial Intelligence A European approach to excellence and trust, COM(2020) 65 final. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020DC0065 .
In April 2021, the European Commission published the “Artificial Intelligence Act, AIA proposal”, a draft act for an AI regulation. According to the proposal, the AI Act will apply to public and private actors inside and outside of the EU, under the condition that users of AI systems are located within the Union.
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL LAYING DOWN HARMONISED RULES ON ARTIFICIAL INTELLIGENCE (ARTIFICIAL INTELLIGENCE ACT) AND AMENDING CERTAIN UNION LEGISLATIVE ACTS art 2(1b). Brussels, 21.4.2021, COM(2021) 206 final, 2021/0106(COD). Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52021PC0206.
The Estonian Government submitted its opinion on the planned AI Act in October 2020, declaring its general support for the proposal’s aim to create a harmonised legal framework for AI and a risk-based approach as well as the prohibition for public authorities to use AI systems for social scoring based on the individual’s behaviour. Estonia also agreed on advancing the EU’s digital single market and mitigating risks that may derive from specific technologies. However, Estonia drew attention to the fact that the proposed legislation should be technology-neutral, efficient and worded in a future-proof way. Above that, Estonia proposed to narrow the scope of regulation, as in Estonia’s view, the proposed definition for AI systems could otherwise lead to a too comprehensive understanding of AI and thus hinder legal clarity and uniform implementation of the regulation.
Eesti seisukohad Euroopa Parlamendi ja nõukogu määruse, millega nähakse ette tehisintellekti käsitlevad ühtlustatud õigusnormid (tehisintellekti käsitlev õigusakt) ja muudetakse teatavaid liidu õigusakte (COM(2021) 85 final), eelnõu kohta (Estonia's views on the draft regulation of the European Parliament and of the Council providing for harmonized legal norms on artificial intelligence (artificial intelligence legislation) and amending certain Union legislation (COM(2021) 85 final), pt. 3.2., 5.2., 5.3., 5.9.  available at: https://www.riigikogu.ee/tegevus/dokumendiregister/dokument/458a144b-2a6e-4d67-a8aa-10994c5b94de/eesti-seisukohad-maaruse-millega-nahakse-ette-tehisintellekti-kasitlevad-uhtlustatud-oigusnormid-eelnou-kohta--com2021-206.
This proposal explicitly aimed to include approaches not traditionally categorised as AI systems, for example, statistical approaches, search and optimisation methods and certain logic and knowledge-based techniques. Estonia further noted that AI used for military objectives and autonomous weapon systems and AI used solely for national security should be outside the scope of regulation for the proposed AI Act and supported the drafting of separate legislation for using AI by law enforcement agencies.
Eesti seisukohad Euroopa Parlamendi ja nõukogu määruse, millega nähakse ette tehisintellekti käsitlevad ühtlustatud õigusnormid (tehisintellekti käsitlev õigusakt) ja muudetakse teatavaid liidu õigusakte (COM(2021) 85 final), eelnõu kohta (Estonia's views on the draft regulation of the European Parliament and of the Council providing for harmonized legal norms on artificial intelligence (artificial intelligence legislation) and amending certain Union legislation (COM(2021) 85 final), pt. 5.5., 5.11.  available at: https://www.riigikogu.ee/tegevus/dokumendiregister/dokument/458a144b-2a6e-4d67-a8aa-10994c5b94de/eesti-seisukohad-maaruse-millega-nahakse-ette-tehisintellekti-kasitlevad-uhtlustatud-oigusnormid-eelnou-kohta--com2021-206.
Additionally, Estonia stated that the Act should include serious crimes of national importance, such as crimes against the state, in the list of crimes that permit real-time detection.
Eesti seisukohad Euroopa Parlamendi ja nõukogu määruse, millega nähakse ette tehisintellekti käsitlevad ühtlustatud õigusnormid (tehisintellekti käsitlev õigusakt) ja muudetakse teatavaid liidu õigusakte (COM(2021) 85 final), eelnõu kohta (Estonia's views on the draft regulation of the European Parliament and of the Council providing for harmonized legal norms on artificial intelligence (artificial intelligence legislation) and amending certain Union legislation (COM(2021) 85 final), pt. 5.10.  available at: https://www.riigikogu.ee/tegevus/dokumendiregister/dokument/458a144b-2a6e-4d67-a8aa-10994c5b94de/eesti-seisukohad-maaruse-millega-nahakse-ette-tehisintellekti-kasitlevad-uhtlustatud-oigusnormid-eelnou-kohta--com2021-206.
In Estonia’s view, the restrictions imposed by the regulation in the field of law enforcement must not unduly hamper criminal proceedings or the ability of a Member State to fight crime.
Eesti seisukohad Euroopa Parlamendi ja nõukogu määruse, millega nähakse ette tehisintellekti käsitlevad ühtlustatud õigusnormid (tehisintellekti käsitlev õigusakt) ja muudetakse teatavaid liidu õigusakte (COM(2021) 85 final), eelnõu kohta (Estonia's views on the draft regulation of the European Parliament and of the Council providing for harmonized legal norms on artificial intelligence (artificial intelligence legislation) and amending certain Union legislation (COM(2021) 85 final), pt. 11.  available at: https://www.riigikogu.ee/tegevus/dokumendiregister/dokument/458a144b-2a6e-4d67-a8aa-10994c5b94de/eesti-seisukohad-maaruse-millega-nahakse-ette-tehisintellekti-kasitlevad-uhtlustatud-oigusnormid-eelnou-kohta--com2021-206.
According to the explanatory memorandum on the Estonian opinion, the proposed AI Act would significantly impact the organisation of state institutions and local governments and the costs and revenues of the Estonian public sector.
Eesti seisukohad Euroopa Parlamendi ja nõukogu määruse, millega nähakse ette tehisintellekti käsitlevad ühtlustatud õigusnormid (tehisintellekti käsitlev õigusakt) ja muudetakse teatavaid liidu õigusakte (COM(2021) 85 final), eelnõu kohta (Estonia's views on the draft regulation of the European Parliament and of the Council providing for harmonized legal norms on artificial intelligence (artificial intelligence legislation) and amending certain Union legislation (COM(2021) 85 final), pt. 4.4.  available at: https://www.riigikogu.ee/tegevus/dokumendiregister/dokument/458a144b-2a6e-4d67-a8aa-10994c5b94de/eesti-seisukohad-maaruse-millega-nahakse-ette-tehisintellekti-kasitlevad-uhtlustatud-oigusnormid-eelnou-kohta--com2021-206.
The most affected institutions would be the ones using AI systems classified as high-risk. Approximately 40% of the AI solutions used by the public sector in Estonia can be qualified as such.
What can Estonian experience offer for the European AI regulation? / Vihma, Peeter, 2022. Available at: https://investinestonia.com/what-can-estonian-experience-offer-for-the-european-ai-regulation/.
In Estonia's opinion, implementing the AI Act will require notably higher one-time and ongoing costs for the authorities of member states than the Commission has accounted for.
Eesti seisukohad Euroopa Parlamendi ja nõukogu määruse, millega nähakse ette tehisintellekti käsitlevad ühtlustatud õigusnormid (tehisintellekti käsitlev õigusakt) ja muudetakse teatavaid liidu õigusakte (COM(2021) 85 final), eelnõu kohta (Estonia's views on the draft regulation of the European Parliament and of the Council providing for harmonized legal norms on artificial intelligence (artificial intelligence legislation) and amending certain Union legislation (COM(2021) 85 final), pt. 4.2.. Available at: https://www.riigikogu.ee/tegevus/dokumendiregister/dokument/458a144b-2a6e-4d67-a8aa-10994c5b94de/eesti-seisukohad-maaruse-millega-nahakse-ette-tehisintellekti-kasitlevad-uhtlustatud-oigusnormid-eelnou-kohta--com2021-206.

5.2 The EU’s envisioned AI Act’s impact on Estonian national legislation

Estonia does currently not have any specific national legislation on the development and use of AI.
Artifical Intelligence and Machine Learning Powered Public Service Delivery in Estonia. Oppurtunities and Legal Challenges. / Ebers, Martin; Tupay, Paloma Krõõt. ed. / Giovanni Comandè, Martin Ebers, Mimi Zou. Vol. 2 Springer, 2023. p. 44.
In May 2019, the Estonian AI Taskforce released a report, according to which there was no need for a harmonised national legal act on AI. It was argued that as AI executes tasks decided by humans and there are no “super agents” that operate independently from them, AI's actions could be attributed to the respective AI’s user, be it public or private.  With a view to the broader implementation of AI solutions, amendments concerning the wider possible use of AI, in addition to that connected questions on liability and rules and limitations for AI development were proposed.
Estonia’s National AI Strategy, published in July 2019, concluded that fundamental changes to the basics of the judicial system are not necessary. Still, a few amendments to different laws should be made, and the Ministry of Justice was to prepare the legislation bill for further adoption of AI.
Estonia’s national artificial intelligence strategy 2019-2021, p. 10. Available at: https://f98cc689-5814-47ec-86b3-db505a7c3978.filesusr.com/ugd/7df26f_27a618cb80a648c38be427194affa2f3.pdf.
In 2020, however, the Ministry of Justice comprehensively analysed possible legal regulations on algorithmic systems. The report concluded that algorithmic systems need separate legal rules depending on the level of risk their use provides for fundamental rights. The primary purpose of an Estonian AI Act was seen to give transparency and better citizen rights protection.
Algoritmiliste süsteemide mõjude reguleerimise väljatöötamise kavatsus („krati VTK“) (Intention to develop regulation of effects of algorithmic systems ("krati VTK")), p. 22-23. Available at: https://projektid.edu.ee/download/attachments/48268843/Krati%20VTK.pdf?version=1&modificationDate=1598951601618&api=v2.
However, especially with a view to the upcoming proposal on an AI Act by the European Commission, it was decided to put the development of a national regulation of algorithmic systems on hold.
For further details see: Artifical Intelligence and Machine Learning Powered Public Service Delivery in Estonia. Oppurtunities and Legal Challenges. / Ebers, Martin; Tupay, Paloma Krõõt. ed. / Giovanni Comandè, Martin Ebers, Mimi Zou. Vol. 2 Springer, 2023. p. 45.
Estonia has opted for the sake of harmonisation and, to avoid contradictory regulations, decided to wait for the respective regulation at the EU level. However, within national law, the lawmaker has solved specific regulatory issues. In this regard, one of the current aims is to amend the Administrative Procedure Act, establishing a general rule concerning the possibility (basis of) and legal framework to issue automatic administrative acts (see also in more detail above, C.II.2.).
The Ministry of Economic Affairs and Communications, as a leader in the development of the e-state, has prepared several instructions regarding i.a. data management, artificial intelligence, data protection and project implementation.
Majandus- ja Kommunikatsiooniministeerium. Juhendmaterjal krattide hankimiseks. (Ministry of Economic Affairs and Communications. Guidance material for procurement of artificial intelligence systems) November 2019. Available at: https://www.kratid.ee/juhised.
Estonia has also drafted voluntary procurement guidelines, which indicate frequent problems and solutions in data science projects.
Majandus- ja Kommunikatsiooniministeerium. Juhendmaterjal krattide hankimiseks. (Ministry of Economic Affairs and Communications. Guidance material for procurement of artificial intelligence systems) November 2019. Available at: https://www.kratid.ee/juhised.
Additionally, the Estonian Government is working on a self-assessment questionnaire for developers of AI and on a national metadata standard and data quality framework.
It can therefore be concluded that although Estonia supports an EU-wide harmonised regulation to ensure a common market and to increase acceptance of AI by minimising risks, but a concern is that definition of AI may be too wide. A risk-based approach is supported.
See also: What can Estonian experience offer for the European AI regulation? / Vihma, Peeter, 2022. Available at: https://investinestonia.com/what-can-estonian-experience-offer-for-the-european-ai-regulation/.

6. Pro’s and Con’s of National Legislative Reforms to Digitize Administrative Law, including questions of harmonisation 

Digital development at the national level has enabled Estonia to establish its unique selling point as a digital pioneer. As explained above, the digitalisation of administrative tasks makes it possible to apply for benefits in an online environment, access one's data and check its accuracy whenever wanted, and access a wide range of public information. In the age of artificial intelligence and algorithmic decision support, this also means the possibility of mass processing of various types of data to identify actual or potential offenders, to profile and identify people in need of advice, and the provision of so-called proactive services on the basis of automatic risk-assessment. These new possibilities have both positive and negative effects on people's fundamental rights, including data protection issues. 
As shown in the report at hand, it has been and will likely also in future be in the interest of Estonia to apply a variety of algorithmic decision support tools and artificial intelligence applications to reduce bureaucracy and make administration more efficient, but also to create more opportunities for people to access services of public administration, for example by the use of chatbots. This probably also applies to many other EU Member States. As digital solutions relieve the burden on the state budget and public resources, their increasingly widespread use is to be expected. However, Estonian experience also shows that the need to maintain, update and secure digital solutions also entails new and additional costs and complementary human resources in the IT sector.
See e.g.: The National Audit Office analysed why the state’s software development projects fail at times. / Webpage of the National Audit Office. 9.11.2019. Available at: https://www.riigikontroll.ee/Suhtedavalikkusega/Pressiteated/tabid/168/557GetPage/1/557Year/-1/ItemId/1077/amid/557/language/en-US/Default.aspx.
All EU Member States are again bound by their membership to the EU and the therewith connected obligation to follow EU law and accept its primacy. Creating a common legal framework for data protection, laid down in the GDPR, has proven successful.
Based on that, the EU has proceeded to set global standards with its legal proposals for a Digital Markets Act, the Digital Services Act,
European Commission, Proposal for a Regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC, COM(2020) 825 final.
and the Data Governance Act.
European Commission, Proposal for a Regulation of the European Parliament and of the Council on European data governance (Data Governance Act), COM(2020) 767 final.
All these intend to facilitate and boost the reuse and sharing of data and in addition to that also the implementation and use of AI. Although the legislative initiatives mentioned are aimed at the private sector, their impact is wider than this. For example, the Data Governance Act also contains regulations on the use of data in the public domain, while other regulations require control by the public sector. In part, this results in a double expectation on the public administration of the member states: On the one hand, they should vouch for data protection, but on the other hand, they should, in turn, make data available on a larger scale. It is therefore not always easy for the Member States to implement the EU's political objectives in matters of data use without contradictions.
As previously in the economic area of the EU internal market, the EU now also hopes to succeed in the (global) field of data markets and AI without giving up on the fundamental values of the Union, especially the protection of individuals’ rights and freedoms.
Artifical Intelligence and Machine Learning Powered Public Service Delivery in Estonia. Oppurtunities and Legal Challenges. / Ebers, Martin; Tupay, Paloma Krõõt. ed. / Giovanni Comandè, Martin Ebers, Mimi Zou. Vol. 2 Springer, 2023. p. 217 f.
With this in mind, the EU Commission has drafted its proposal for regulating AI.
For Estonia, a small country far north in the EU, participation in the common market and its regulation is of essential economic, legal and even existential importance. Nevertheless, as this study shows, the understanding of data processing and its use in Estonian politics and society differs considerably in certain aspects from that of other EU states and the EU itself. The openness and tolerance towards far-reaching data processing, which forms the basis of Estonia's success as a digital pioneer, is only sometimes reflected in other countries’ legal cultures or EU law. For example, the German legal system and society attach far greater importance to data protection.
Compare e.g.: Tupay PK, Monika M (2015). Der estnische E-Staat - Zukunftsweisendes Vorbild oder befremdlicher Einzelgänger. Osteuropa Recht 1, pp 2-33.
Despite these differences, the regulation of digitisation within the EU sets a framework for legally uniform standards, thus facilitating data traffic within the Union and enabling more effective global action. At the same time, EU law leaves room for national specificities and integrates various aspects of data processing. While Estonia, for example, has set a standard for data processing throughout Europe with its successful once-only approach, the EU's framework in data protection has also increased the corresponding security of Estonian data subjects.
Supplementary legal standards regulating data traffic in the Nordic-Baltic area would likely make data exchange between these countries, the majority of which are also EU members, due to additional regulations, rather more difficult than more accessible. However, the Nordic-Baltic states also have several common features that could make closer cooperation in digital administration beneficial for them. Most Nordic countries are characterised in particular by their broad understanding of transparent administration and openness to implementing digital solutions in the public sector. Several examples of successful joint projects in digital administration can be cited, for instance, between Estonia and Finland. Among others, implementing the Estonian X-road solution also in Finland created a prerequisite for providing interoperable cross-border services for people in Estonia and Finland regardless of their place of residence, for example, concerning the provision of medical services.
Joint data platforms as X factor for efficiency gains in the public sector? Tonurist, Piret, Veiko Lember, and Rainer Kattel. No. 70. TUT Ragnar Nurkse Department of Innovation and Governance, 2016, p.18; See also about Estonian-Finnish cooperation "Challenges in knowledge sharing for innovation in cross-border context." Lepik, Katri Liis, and Merle Krigul. International Journal of Knowledge-Based Development 5, no. 4 (2014): 332-343; “The Case of Helsinki-Tallinn (Finland-Estonia) – Regions and Innovation: Collaborating Across Borders”, Nauwelaers, C., K. Maguire and G. Ajmone Marsan. OECD Regional Development Working Papers, 2013/19, OECD Publishing. Available at: http://dx.doi.org/10.1787/5k3xv0lrt1r6-en.
In this sense, Nordic-Baltic states’ digital development in public administration can certainly benefit from an active exchange of knowledge and experience and exploring opportunities for cooperation between them. Active cooperation can also help to assert common interests and priorities at EU level. This particularly in view of the abovementioned fact that data processing at EU level does often leave room for specific approaches and solutions.
Finnish cooperation "Challenges in knowledge sharing for innovation in cross-border context." Lepik, Katri Liis, and Merle Krigul. International Journal of Knowledge-Based Development 5, no. 4 (2014): 332-343; “The Case of Helsinki-Tallinn (Finland-Estonia) – Regions and Innovation: Collaborating Across Borders”, Nauwelaers, C., K. Maguire and G. Ajmone Marsan. OECD Regional Development Working Papers, 2013/19, OECD Publishing. Available at: http://dx.doi.org/10.1787/5k3xv0lrt1r6-en.