The Ministry of Justice plans to amend the law. This change will specify how police can collect data from smartphones and emails. The goal is to avoid situations where too much personal information becomes public.
Currently, the situation is abnormal. Police can demand that server administrators hand over several years' worth of emails. This violates a person's privacy.
Liisa Pakosta, the Minister of Justice, said there are currently no limits. For example, police can request all company employees' emails from the last three years. This does not align with Estonia's legal principles.
Currently, neither email owners nor server administrators can resist excessive data collection. Pakosta said people's phones and computers contain a lot of personal information. Police should only be able to access it with a court order.
Other EU countries have already amended their laws. In Estonia, police can only download data from servers located in Estonia. Many companies use foreign servers, putting Estonian companies at a disadvantage.
The goal is to find a better solution. Police should verify whether accessing email and smartphone content is justified and necessary.
Estonia's legal system is based on the principle that the state cannot force people to provide data that would portray them in a bad light. Currently, it is unclear when private email content can be accessed.
The law has fallen behind changes. For example, police have freely collected data for years, which has helped catch pedophiles and drug dealers. But the EU Court ruled in 2024 that accessing smartphones requires a court order.
With this, the Ministry of Justice aims to protect people's private lives while allowing police to use data when necessary. The changes will slightly increase workload but provide a clear legal basis.
The Ministry of Justice expects feedback by mid-June. Pakosta hopes the bill will reach the Riigikogu in the fall.