Procedure For Collection, Registration, Preservation And Use Of Materials Of Security And Intelligence Organisations Of Other Countries Which Have Operated In Estonia Act


Published: 2012-01-01

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Procedure for Collection, Registration, Preservation and Use of Materials of Security and Intelligence Organisations of Other Countries Which Have Operated in Estonia Act

Passed 10.03.1994
RT I 1994, 23, 386
Entry into force 10.04.1994

PassedPublishedEntry into force
12.06.1996RT I 1996, 48, 94010.07.1996
25.03.1998RT I 1998, 36, 55201.05.1998
17.02.2011RT I, 21.03.2011, 101.01.2012

§ 1.  

 (1) This Act regulates the collection, registration, preservation and use of materials of security and intelligence organisations of other countries which have operated in Estonia, and of materials related to their activities.

 (2) The regulatory force of this Act applies to materials of security and intelligence organisations of other countries which have operated in Estonia and to materials related to their activities, which have been prepared before 1 January 1992.

§ 2.  The object of this Act is:

 (1) Materials located in Estonia which have been collected or prepared by or given to security and intelligence organisations of other countries which have operated in Estonia (files, documents, copies of and annexes to documents, notes and auxiliary materials, record systems, maps, plans, photographs, films, tapes, auxiliary means necessary for assessing materials, programmes for processing materials on computers, and other materials).

 (2) Materials which have been collected or prepared by or given to security and intelligence organisations of other countries which have operated in Estonia, and which have been transferred out of Estonia, and which include information on the activity or repression of Estonian citizens or persons who have resided in Estonia.

 (3) Documents or other materials in the possession of natural or legal persons which include information on the activity of security and intelligence organisations of other countries which have operated in Estonia.

 (4) The compliance of materials with the conditions listed in this section shall be decided by the National Archives of Estonia.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 3.  Materials referred to in subsections 2 (1) and (2) of this Act are the property of the Republic of Estonia.

§ 4.  

 (1) The organisation of collection, registration, preservation and use of materials referred to in § 2 of this Act lies with the State Archivist.
[RT I, 21.03.2011, 1 - entry into force 01.01.2012]

 (2) Information concerning materials referred to in § 2 of this Act, removed lawfully or unlawfully, and transferred out of Estonia lawfully or unlawfully is collected, arranged and preserved by the National Archives of Estonia.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 5.  

 (1) All natural and legal persons who possess materials referred to in subsection 2 (1) of this Act are required to report them in writing to the Archives Office of Estonia within three months as of the date of entry into force of this Act, and to transfer them to the archive and by the deadline specified by the Archives Office of Estonia. The latter shall send the person a written confirmation within 10 days. If so requested by the transferor of the materials, the recipient of the materials shall guarantee his or her anonymity.

 (2) Anyone who comes to possess materials referred to in subsection 2 (1) of this Act after the end of the deadline provided for in subsection (1) of this section is required to report them immediately to the National Archives of Estonia and transfer them to the archive specified by the National Archives of Estonia.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 6.  All issues related to the return of materials referred to in subsection 2 (2) of this Act to the Republic of Estonia shall be settled by way of negotiations between the countries.

§ 7.  Every natural and legal person’s right of ownership of materials referred to in subsection 2 (3) of this Act is proven and compensated for pursuant to the procedure provided by the Law of Property Act and other legislation of the Republic of Estonia. Owners of materials are required to allow persons authorised by the National Archives of Estonia to make certified copies of the said materials.

[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 8.  

 (1) Materials referred to in § 2 of this Act are preserved and used according to laws and regulations governing the activities of archives, unless otherwise provided by this Act.

 (2) The person liable for the collection, registration, preservation and use of materials referred to in § 2 of this Act is the State Archivist, who has the right to organise the classification of the materials and the referral thereof to archives according to where they belong.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

 (3) Until the transfer of materials specified in § 2 of this Act to the National Archives of Estonia, the preservation of the materials shall be the responsibility of the authority or person in whose possession the materials are.
[RT I, 21.03.2011, 1 - entry into force 01.01.2012]

 (4) The Government of the Republic shall guarantee the availability of premises as well as material and financial resources necessary for the collection, registration, preservation and use of materials referred to in § 2 of this Act.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 9.  Everyone has the right to examine personally or through representative information concerning the person contained in archives, which is included in materials referred to in § 2 of this Act. If the person whom the information concerns has been declared a person without active legal capacity or is deceased, the right is transferred to his or her parents, spouse, siblings or descendants.

§ 10.  

 (1) Out of the materials referred to in § 2 of this Act, materials concerning the private life of persons are subject to limited use.

 (2) The compliance of materials with the conditions set out in subsection (1) of this section is decided by the National Archives of Estonia.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

 (3) In addition to the persons specified in § 9 of this Act, the right to examine materials subject to limited use lies with those who need it for research and who have been granted permission by the director of the corresponding archives, and also within commenced civil, administrative and criminal proceedings with investigative bodies, prosecutor’s offices and judicial authorities, parties to proceedings and persons authorised thereby as well as bodies executing court judgments.

 (4) If a person has been denied permission specified in subsection (3) of this section, a written reasoned certificate to that effect shall be issued to the person within 10 days after the submission of a corresponding application. An appeal may be filed against the denial with the National Archives of Estonia. According to § 15 of the Constitution of the Republic of Estonia, everyone whose rights have been violated has the right of recourse to the courts.
[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 11.  

  The following may order copies of materials referred to in subsection 10 (1) of this Act from archives on the basis of applicable price lists:
 1) persons referred to in § 9 of this Act;
 2) persons who have been granted permission to examine the materials if the person concerning whose private life the materials contain information is deceased or if the information concerns facts which occurred at least 75 years ago.

§ 12.  Materials referred to in § 2 of this Act, or copies thereof if the original materials are absent, may be removed from the territory of Estonia only on a temporary basis and with the permission of the State Archivist. If the materials are judicial records, the consent of the judge authorised for such purpose by the Supreme Court is required for the removal of the materials.

[RT I 1998, 36, 552 - entry into force 01.05.1998]

§ 13.  In the case of a violation of the provisions of this Act, disciplinary, administrative or criminal liability shall be applied to the offender.