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Punishment Register Act


Published: 2013-06-01

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Punishment Register Act

Passed 17.02.2011
RT I, 21.03.2011, 3
Entry into force 01.01.2012

PassedPublishedEntry into force
08.12.2011RT I, 29.12.2011, 101.01.2012
30.05.2012RT I, 15.06.2012, 201.06.2013
13.06.2012RT I, 06.07.2012, 101.04.2013, partially 16.07.2012
28.02.2013RT I, 20.03.2013, 101.04.2013
14.03.2013RT I, 26.03.2013, 201.04.2013

Chapter 1 General Provisions  

§ 1.  Punishment register

  The punishment register (hereinafter register) is a database in the state information system containing data concerning persons punished and their punishments.

§ 2.  Maintenance of punishment register

 (1) The register is maintained as an electronic database in the e-file information system (hereinafter e-file system).

 (2) The archives of the register (hereinafter archives) are maintained at the register.

 (3) The format of registry cards, forms for submitting information to the register and procedure for issue of notices from the register shall be established by a regulation of the Minister of Justice.

 (4) The statutes of the register shall be established by a regulation of the Government of the Republic.

 (5) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

§ 3.  Purpose of maintenance of register

  The purpose of maintenance of the register is to:
 1) provide reliable information concerning punishments of persons;
 2) notify a person of the information concerning the person entered in the register;
 3) exchange information concerning punishments of persons with foreign states.

§ 4.  Chief processor and authorised processor of register

  The chief processor of the register is the Ministry of Justice and the authorised processor of the register is the Centre of Registers and Information Systems (hereinafter Centre).

§ 5.  Legal effect of information in register

 (1) The information concerning punishments of persons entered in the register has legal effect for ascertaining the punishment record of the person and recurrence of criminal offences or misdemeanours committed by the person until deletion of the information.

 (2) Information deleted from the register and entered in the archives has legal effect:
 1) in the proceedings provided for in the Acts specified in clause 20 (1) 4) of this Act and for verifying the circumstances specified in clause 20 (1) 5) of this Act for ascertaining the punishment record of the person and recurrence of criminal offences committed by the person;
 2) in the case specified in clause 20 (1) 9) of this Act upon making a decision on employment of a person in a position or service involving minors in the cases provided by law;
 3) in the case specified in clause 20 (1) 10) of this Act upon making a decision on employment of a person in police service and appointment of a person to the position of an official of the Police and Border Guard Board, if such position is not a position of a police officer but performance of the duties in that position requires access to the database which chief processor is the Ministry of Internal Affairs or the Police and Border Guard Board, the information specified in clauses 35 (1) 51) and 52) of the Public Information Act or sensitive personal data of the officials of the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
 31) in the cases specified in clause 20 (1) 10) of this Act upon making a decision on employment of a person in the rescue service in the position of an official of the rescue service whose duties include work with the database which chief processor is the Ministry of Internal Affairs or the Police and Border Guard Board, or explosives removal or where the person has access to sensitive personal data of rescue servants.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
 4) in the case specified in clause 20 (1) 10) of this Act upon making a decision on employment of a person in prosecutors' service and verification of whether the person in prosecutors' service complies with the requirements of the law;
 5) in the case specified in clause 20 (1) 10) of this Act upon employment of a person in prison service or in prison, and upon verification of compliance of a person beginning to study in the area of specialisation of a prison officer or a person in prison service, working at a prison or studying in the area of specialisation of a prison officer, with the requirements of the law;
 51) in the cases specified in clause 20 (1) 10) of this Act upon employment of a person in the service of an administrative agency specified in the Public Service Act upon verification of compliance with the requirements specified in clause § 15 2) of the Public Service Act;
[RT I, 06.07.2012, 1 - entry into force 01.04.2013]
 6) upon conducting the proceedings provided for in the Acts specified in clause 20 (1) 11) of this Act.

§ 6.  Content of register

  Information concerning punishments of persons shall be entered in the register on the basis of the following court decisions and decisions of the following officials:
 1) a conviction in a criminal matter which has entered into force;
 2) a decision of an extra-judicial body or a court judgment on the imposition of punishment in a misdemeanour matter which has entered into force, except a decision of an extra-judicial body in caution procedure;
 3) a court ruling ordering coercive psychiatric treatment of a person;
 4) a court ruling on the application of a sanction with regard to a person younger than eighteen years of age;
 5) a judgment, decision, ruling or order of a court or extra-judicial body which is based on a decision or judgment specified in clauses 1) to 4) of this section and which contains information specified in § 12 of this Act;
 6) a resolution of the President of the Republic on the review of an appeal for pardon of a convicted offender;
 7) a foreign conviction in a criminal matter against an Estonian citizen or an alien who holds a residence permit or right of residence in Estonia which has entered into force, if information concerning his or her punishment has been communicated by a foreign state or if an Estonian court has recognised the judgement of conviction.

§ 7.  Accessibility of register data

 (1) The data entered in the register are public, except in the cases provided by law.

 (2) Register data are processed only under the conditions and pursuant to the procedure provided by law.

§ 8.  Language of register

 (1) The language of the register is Estonian.

 (2) Documents which are not in Estonian shall be submitted to the authorised processor of the register together with a translation into Estonian.

 (3) In the cases laid down in the European Union legislation, information may be also submitted to the register in another language.

Chapter 2 Maintenance of punishment register  

§ 9.  Structure of register

 (1) The register shall consist of registry cards and a registry journal.

 (2) Registry cards are entered in the register in alphabetical order according to the first letters of the surnames of natural persons or the business names of legal persons, or on the basis of their unique codes in the electronic database.

§ 10.  Registry journal

 (1) The registry journal contains data concerning the entries and queries made to the register.

 (2) The following data shall be entered in the registry journal:
 1) the code of the agency submitting an entry or query;
 2) the name of the agency submitting an entry or query;
 3) the sequence number of an entry or query;
 4) the name and personal identification code of the person submitting an entry or query, in the absence of a personal identification code, the date of birth;
 5) the date of making an entry or query;
 6) the explanations or notes concerning an entry or query;
 7) a notation concerning the annulment of an entry or query;
 8) the date of verification of an entry or query;
 9) the name of the representative of the authorised processor of the register which verified an entry or query.

§ 11.  Registry card

 (1) A registry card is a body of data consisting in the information concerning the punishments of one person.

 (2) The number of the registry card, personal data and the information concerning the punishments of the person shall be entered on the registry card.

§ 12.  Data subject to entry in registry card

 (1) Personal data of a natural person are the following:
 1) given name and surname;
 2) personal identification code or date of birth;
 3) sex;
 4) citizenship;
 5) residential address.

 (2) In the case of a change in personal data, the new personal data and the number, place of preparation and the number of the change registration shall be entered on the registry card.

 (3) In the case of a foreigner or a person without a personal identification code, the following shall be entered on his or her registry card:
 1) his or her date and place of birth;
 2) the name and number of his or her identity document.

 (4) Information concerning the punishments of a natural person is the following:
 1) the name of the court which made a judgment, decision or ruling in the criminal or misdemeanour matter, the name of the extra-judicial body which made a decision in the misdemeanour matter, the date of making the judgment, decision or ruling and the number of the criminal or misdemeanour matter;
 2) the section, subsection and clause of the Penal Code or another Act which is the basis for the judgment, decision or ruling made in the criminal or misdemeanour matter;
 3) the type and term or category of the punishment imposed on the person for the criminal offence or misdemeanour;
 4) the date on which the judgment, decision or ruling enters into force;
 5) the time the person spent in provisional custody before the making of the court judgment;
 6) the information concerning the substitution, aggregating of punishments or waiver of enforcement of the punishment;
 7) the date of payment of the amount of pecuniary punishment or a fine;
 8) the date on which community service is performed;
 9) the date of the end of an imprisonment or detention;
 10) the date of the end of the probationary period;
 11) the date of release of the person on parole;
 12) the date of initiation and termination of administration of coercive psychiatric treatment to a person;
 13) the date of initiation and termination of administration of addiction treatment of drug addicts or complex treatment of sex offenders to a person;
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]
 14) the date initiation and termination of application of a sanction to a person younger than eighteen years of age;
 15) the date of entry into force of a resolution of the President of the Republic granting a pardon to the person.

 (5) The data concerning a legal person is the following:
 1) name;
 2) the address of its registered office;
 3) registry code or, in the case of a foreign legal person without a registration number, the number or letter combination considered equal to a registration number.

 (6) Information concerning the punishments of a legal person is the following:
 1) the name of the court which made a judgment, decision or ruling in the criminal or misdemeanour matter, the name of the extra-judicial body which made a decision in the misdemeanour matter, the date of making the judgment, decision or ruling and the number of the criminal or misdemeanour matter;
 2) the section, subsection and clause of the Penal Code or another Act which is the basis for the judgment, decision or ruling made in the criminal or misdemeanour matter;
 3) the type and term or category of the punishment imposed on the person for the criminal offence or misdemeanour;
 4) the date on which the judgment, decision or ruling enters into force;
 5) the information concerning the substitution, aggregating of punishments or waiver of enforcement of the punishment;
 6) the date of payment of the amount of pecuniary punishment or a fine;
 7) the date of enforcement of the judgment for compulsory dissolution.

§ 13.  Obligation to notify register

 (1) A court, an extra-judicial body which made a decision or the Office of the President of the Republic shall submit the data specified in § 12 of this Act to the authorised processor of the register within five working days as of the entry into force of a decision, judgment or ruling specified in § 6 of this Act.

 (2) A bailiff, house of detention, prison or court, or a body conducting extra-judicial proceedings which has made a decision or supervised the execution of the decision shall submit the data concerning a person specified in § 12 of this Act to the authorised processor of the register within five working days after the person has fully paid the fine imposed as punishment or the pecuniary punishment, performed the community service, served the detention or been released from prison or the administration of addiction treatment of drug addicts or complex treatment of sex offenders has been terminated with regard to the person. Within the same term, the authorised processor of the register shall be informed of the expiry of the limitation period for the execution of a judgment or decision pursuant to § 82 of the Penal Code.
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]

 (3) The agency having submitted the data is responsible for the correctness of the data submitted.

 (4) The agency or the official specified in subsections (1) or (2) of this section shall submit the data specified in § 12 of this Act to the authorised processor of the register electronically through the e-file system. The Office of the President of the Republic may submit the data specified in § 12 of this Act to the authorised processor of the register electronically through the e-file system.

§ 14.  Interbase cross-usage of data

  The authorised processor of the register is permitted to make electronic inquiries and obtain information from other state or local government databases in order to perform the functions assigned thereto by law.

Chapter 3 Release of Register Data  

§ 15.  Right to obtain data from register

 (1) Everyone has the right to obtain data from the register, unless otherwise provided by law.

 (2) Data shall be released from the register on the basis of an inquiry setting out the following:
 1) the person concerning whom the data are requested;
 2) the name and personal identification code of the applicant, in the absence thereof, date of birth;
 3) if the data are requested on behalf of a legal person, the name and the registry code of the legal person shall be also indicated or, in the case of a foreign legal person without a registration number, the number or letter combination considered equal to a registration number;
 4) the address of the applicant;
 5) the signature of the applicant;

 (3) Registry data regarding a minor, data from the archives of the register and data obtained from another member state of the European Union shall be issued under the conditions and pursuant to the procedures provided for in this Act.

§ 16.  Prohibition on demand of data

 (1) It is prohibited to demand data concerning a person which are contained in the register or the archives of the register from that person.

 (2) A person has the right to authorise another person to make an inquiry to the register concerning the person.

§ 17.  Notice from register

 (1) A notice from the register shall set out the addressee and date of the notice.

 (2) Notices from the register shall be issued on paper or electronically.

 (3) Notices from the register are issued electronically through the e-file system. If the data are requested on paper or by e-mail, the data are released within two working days after the date of receipt of the request.

 (4) Notices issued from the register on paper shall be certified by the seal of the register and the signature of the authorised representative of the authorised processor of the register.

 (5) Notices issued from the register by e-mail shall be signed digitally by the authorised representative of the authorised processor of the register.

 (6) Data concerning the inquiries submitted with regard to the persons entered in the register and concerning the issue of notices from the register shall be stored in the register for two years.

§ 18.  Release of data

 (1) Register data shall be released as notices from the register which are the following:
 1) extract from the register;
 2) a notice setting out that a person has not been entered in the register;

 (2) The data specified in clauses 12 (1) 4) and 5), clause (3) 2) and clauses (4) 5) to 15) of this Act shall not be indicated in an extract from the register concerning natural persons.

 (3) No information concerning punishments imposed for misdemeanours shall be indicated in an extract from the register concerning natural persons if the person was imposed a fine as a punishment which amount is less than 50 fine units, except in the case the natural person has repeatedly committed misdemeanours or if a supplementary punishment has been imposed in addition to the fine.

 (4) If persons make inquiries about themselves or if the person making an inquiry to the register is the person specified in subsection 19 (1) of this Act or if the person making inquires to the archives of the register is the person specified in subsection 20 (1) of this Act, all the data specified in § 12 of this Act shall be indicated in an extract from the register.

 (5) An extract submitted on the basis of an inquiry of a person shall, at the request of the person, contain also the data specified in subsection 10 (2) of this Act concerning the date of the inquiry and the person having made the inquiry concerning the person.

 (6) A printout of data certified pursuant to the procedure provided for in subsection 17 (4) of this Act is deemed to be an extract from the register on paper.

§ 19.  Right to obtain data concerning minors from register

 (1) The following persons have the right to obtain data specified in subsections 12 (1) to (4) of this Act concerning minors:
 1) a legal representative of a minor concerning the minor represented;
 2) a court for the purposes of hearing a matter subject to proceedings;
 3) an investigative body related to a criminal matter subject to proceedings;
 4) an extra-judicial body for the adjudication of a misdemeanour matter which is being processed;
 5) a governmental authority for the purposes of performance of the functions provided by an Act or legislation passed on the basis of an Act;
 6) the Office of the President of the Republic for the performance of functions provided by law;
 7) the registration departments of courts for the purposes of making lawful register entries;
 8) an employer for the purposes of verification of the conformity of a person with the requirements provided by law upon hiring the person;
 9) a foreign agency on the basis of the legislation of the European Union or an international agreement;
 10) a notary for the purpose of verification of the data concerning a person applying for a notarial act;
 11) a probation officer for the performance of the functions prescribed to him or her by law.

 (2) Register data shall be released on the basis of an inquiry setting out the data specified in subsection 15 (2) of this Act and a reference to the legal grounds for receipt of the data.

 (3) If a judgment of conviction passed on an accused who is a minor is disclosed under the conditions and pursuant to the procedure provided for in the Code of Criminal Procedure, data shall be released from the register concerning this pursuant to the procedure provided for in § 18 of this Act.

§ 20.  Right to obtain data from archives of register

 (1) The following persons have the right to receive data from the archives of the register:
 1) any person as regards the data concerning the person;
 2) a legal representative of a minor concerning the minor represented;
 3) an investigative body for conducting pre-trial proceedings in a criminal matter;
 4) the Government of the Republic, the Ministry of Internal Affairs, the police authorities and the Security Police Board, for the purposes of conducting the proceedings provided in the Citizenship Act, Aliens Act, Obligation to Leave and Prohibition on Entry Act and Grant of International Protection to Aliens Act.
 5) a security authority for ascertaining the circumstances specified in clause 32 (1) 8) and clauses (2) 4), 5), 7), 8), 10), and 15) of the State Secrets and Classified Information of Foreign States Act;
 6) the Security Police Board for the purpose of collection of information and surveillance agencies for the purpose of collection of information concerning prevention and combat of criminal offences;
 7) a prosecutor's office for the purpose of conducting criminal proceedings and planning of surveillance activities;
 8) a prison service for verification whether a person commencing studies in the area of specialisation of a prison officer or a person studying in the area of specialisation of a prison officer complies with the requirements of the law and for the purpose of assessing the criminogenic risks of a prisoner;
 9) an employer for the purposes of verification whether a person complies with the requirements provided by law upon hiring a person for employment or service involving minors or an entitled person upon grant of an activity licence for provision of services to minors;
 10) an employer upon hiring a person to employment or service in the cases specified in clauses 5 (2) 3) to 51) of this Act for the purposes of verification of the conformity of a person with the requirements provided by law;
[RT I, 06.07.2012, 1 - entry into force 01.04.2013]
 11) the Agricultural Registers and Information Board for the purposes of application of the measures specified in subsection 2 (1) of the European Union Common Agricultural Policy Implementation Act and subsection 2 (1) of the Fisheries Market Organisation Act and exercising state supervision based on the above-mentioned Act.

 (2) Data shall be released from the archives of the register on the basis of an inquiry setting out the data specified in subsection 15 (2) of this Act and a reference to the legal grounds for receipt of the data.

§ 21.  Release of data from register and archives of register for research and statistical work

 (1) Data shall be released from the register and archives of the register for the purposes of research or statistical work in compliance with the conditions provided for in § 16 of the Personal Data Protection Act.

 (2) In order to receive data from the register for the purposes specified in subsection (1) of this section, a written application setting out the following shall be submitted to the authorised processor of the register:
 1) the objective of the work and the nature of the data intended to be used;
 2) the data requested by the person from the register;
 3) the purpose and legal basis for requesting the data;
 4) the name and address of the applicant;
 5) the signature of the applicant;

 (3) If a prior permission of the Data Protection Inspectorate is required according to § 16 of the Personal Data Protection Act, it shall be appended to the application submitted to the register.

§ 22.  Issue of register notices to foreign states

 (1) Register notices may be issued to foreign states in the cases and pursuant to procedure provided by the legislation of the European Union or an international agreement.

 (2) An application of a foreign state submitted to the register concerning receipt of notices from the register and annexes thereto shall be submitted in the Estonian language or in another language in the cases provided by the legislation of the European Union or an international agreement.

§ 23.  Procedure for payment for release of data from register or archives of register

 (1) Making of electronic data inquiries from the register and archives of the register is subject to a fee. The Minister of Justice shall establish by a regulation the rates of fees of up to 4 euros payable for one inquiry.

 (2) Persons shall be exempt from payment of the electronic inquiry fee upon inquiry concerning the persons themselves and the person who authorised them, likewise the persons specified in subsection 19 (1) and clauses 20 (1) 3) to 11) of this Act.

 (3) Upon issue of register notices on paper, a state fee shall be paid according to the rates provided for in the State Fees Act.

 (4) Persons have the right to receive information concerning their own data in the register and the archives of the register and legal representatives of minors concerning the data of the minors represented on paper in the form of notices from the register once a year free of charge. A state fee shall be paid for subsequent inquiries.

 (5) A state fee shall be refunded if the authorised processor of the register decides to refuse to release the data.

 (6) The persons specified in clauses 19 (1) 2) to 11) of this Act are exempt from payment of state fees for the release of data from the punishment register and the persons specified in clauses 20 (1) 3) to 11) of this Act for release of data from archives of the punishment register.

Chapter 4 Deletion of Information Concerning Punishment from Register  

§ 24.  Terms for deletion of information concerning punishment from register

 (1) Information concerning punishment shall be deleted from the register and transferred to the archives if:
 1) one year has passed since the enforcement of a fine or service of detention or fulfilment of community service imposed for a misdemeanour;
 2) two years have passed since the payment of a fine or service of detention imposed for a misdemeanour provided for in the Taxation Act or another Act concerning a tax;
 3) two years have passed since the termination of coercive psychiatric treatment of a person or application of a sanction to a person younger than eighteen years of age;
 4) two years have passed since the termination of administration of addiction treatment of drug addicts or complex treatment of sex offenders to a person;
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]
 5) three years have passed since the enforcement of a pecuniary punishment or a judgment for compulsory dissolution imposed for a criminal offence;
 6) three years have passed since the end of the probationary period determined upon release on parole or conditional release from a pecuniary punishment;
 7) three years have passed since the performance of community service;
 8) five years have passed since an imprisonment of up to three years was served;
 9) ten years have passed since an imprisonment of three to twenty years was served;
 10) fifteen years have passed since an imprisonment of more than twenty years was served;
 11) the limitation period for the execution of a judgment has expired pursuant to § 82 of the Penal Code;
 12) the person has died;
 13) the legal person is dissolved.

 (2) A supplementary punishment shall be deleted from the register after service of the supplementary punishment.

 (3) Upon waiver of the enforcement of a punishment, the information concerning the punishment shall be deleted from the register after the submission of the information pursuant to the procedure specified in subsection 13 (1) of this Act.

 (4) The authorised processor of the register shall be notified of the death of a person by the vital statistics office and of dissolution of a legal person by the authorised processor of the commercial register.

 (5) If all data in a registry card is to be deleted, the card shall be transferred to the archives pursuant to the Archives Act where it shall be stored for 50 years.

§ 25.  Running of term for deletion of information concerning punishment

 (1) A term for deletion of the information concerning punishment from the register commences to run:
 1) as of termination of the service of a principal or supplementary punishment;
 2) as of the entry into force of a resolution granting a pardon.

 (2) If a person is sentenced to life imprisonment, information concerning the punishment of the person shall not be deleted except in the case the person is released from life imprisonment or the person has died. In case a person is released from life imprisonment, the term for the deletion of the information concerning the punishment shall be calculated on the basis of the punishment actually served. If a person has been released on parole, the term for deletion of the information concerning the punishment commences to run as of the termination of parole.

 (3) If a convicted person has been sentenced to serve the punishment before expiry of the period of probation, the information concerning the punishment of the person shall be deleted upon expiry of the term for deletion calculated pursuant to the general procedure as of the date of release from the service of the punishment.

 (4) If a person has been released from the service of a punishment before expiry of the term of the punishment or if the punishment has been substituted by another type of punishment, the term for the deletion of the information concerning the punishment shall be calculated on the basis of the punishment actually served.

 (5) If a person commits another criminal offence prior to expiry of the term for deletion of the information concerning the punishment of the person, the term for deletion of the information concerning the punishment imposed for the previous criminal offence shall be interrupted. The term for all criminal offences shall be calculated from the end of serving the principal punishment and supplementary punishment imposed for the last criminal offence.

 (6) If a person commits another misdemeanour prior to expiry of the term for deletion of the information concerning the punishment of the person, the term for deletion of the information concerning the punishment imposed for the previous misdemeanour shall be interrupted. The term for all misdemeanours shall be calculated from the end of serving the principal punishment and supplementary punishment imposed for the last misdemeanour.

§ 26.  Term for deletion of information concerning punishment on basis of resolution of President of Republic on grant of pardon

 (1) If a person is released from the service of a punishment on the basis of a resolution of the President of the Republic on the grant of a pardon to the person, the term for the deletion of the information concerning the punishment shall be calculated on the basis of the punishment actually served until the resolution on grant of pardon.

 (2) Upon mitigation of a punishment on the basis of a resolution of the President of the Republic on the grant of a pardon, the term for the deletion of the information concerning the punishment shall be calculated on the basis of the punishment actually served.

§ 27.  Deletion of information concerning punishment of person convicted by foreign court

  Information concerning the punishment of a citizen or permanent resident of Estonia, an alien who holds a residence permit in Estonia or has permanent right of residence in Estonia or a legal person registered in Estonia who has been convicted by a foreign court shall be deleted from the punishment register within the terms specified in subsection 24 (1) of this Act, unless otherwise provided by the legislation of the European Union or an international agreement.

§ 28.  Termination of disclosure of personal data

  After deletion of the information concerning the punishment of a person from the register, the name of the person shall be replaced with initials or characters in disclosed court decisions or other disclosed decisions of officials which constituted the basis for the entry in the register. The name of the person shall not be replaced if the person has been convicted for an offence provided for in §§ 89 to 93, 95 to 112 or 114, subsection 133 (2), subsection 134 (2), §§ 135, 141 or 142, subsection 143 (2), clause 1431 (2) 1), §§ 144 to 146, 175 to 179, 184, 185, 187, 237, 255, 256, 268, 394, 403 to 405, 414, 415 or 418 of the of the Penal Code.

Chapter 5 European Union Criminal Records Information System  

§ 29.  Exchange of information concerning punishments with member states of European Union

 (1) The Ministry of Justice is the central authority of Estonia for exchange of information between member states.

 (2) The Ministry of Justice shall communicate the information concerning a judgment of conviction made against a citizen of a member state of the European Union in a criminal matter to the member state of nationality of the convicted offender or to the member state where the permanent residence of the person is. Information concerning a court judgment and later amendments thereto shall be communicated immediately.

 (3) Exchange of information with the member states of the European Union shall take place through the European Union Criminal Records Information System.

§ 30.  Inquiries to registers of other member states and response to inquiries from other member states

 (1) The Ministry of Justice has the right to submit an inquiry to a central authority of another member state concerning the information entered in the criminal records, if the information is requested by:
 1) any person as regards the data concerning the person;
 2) a legal representative of a minor concerning the minor represented;
 3) a court for the purposes of hearing a matter subject to proceedings;
 4) an investigative body related to a criminal matter subject to proceedings;
 5) an extra-judicial body for the adjudication of a misdemeanour matter which is being processed;
 6) a governmental authority for the purposes of performance of the functions provided by an Act or legislation passed on the basis of an Act;
 7) the Office of the President of the Republic for the performance of functions provided by law;
 8) the registration departments of courts for the purposes of making lawful register entries;
 9) an employer for the purposes of verification of the conformity of a person with the requirements provided by law upon hiring the person;
 10) a notary for the purposes of verification of the data concerning a person applying for a notarial act;
 11) a probation officer for the performance of functions prescribed to him or her by law.

 (2) In case of an inquiry by a central authority of another member state, the Ministry of Justice shall communicate a copy of the judgement of conviction and the information specified in subsection in § 32 of this Act, if responding to the inquiry is in compliance with this Act.

 (3) Upon making an inquiry to a central authority of another member state, the Ministry of Justice shall communicate the inquiry within three working days as of the receipt thereof, except in the case it contains deficiencies which hinder the communication of the inquiry. In such case the request shall be returned to the person having sent it for elimination of deficiencies.

 (4) The form provided in Annex to the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.04.2009, p. 23-32) shall be used for making the requests and replying to the requests.

 (5) Upon receipt of an inquiry, the Estonian central authority is obligated to respond to it within ten working days. If the inquiry is based on a wish of a person to obtain information from the register concerning that person, the central authority is obligated to respond to it within 20 working days.

§ 31.  Restrictions on use of personal data

 (1) Upon transmission of data concerning punishments to another member state, the central authority may establish as a condition that they are used for the purpose of criminal proceedings only.

 (2) If a convicting member state establishes as a condition for transmission of data that they are used for the purpose of criminal proceedings only, release of data to that member state is not permitted for any other purposes.

 (3) The data obtained based on a request from another member state in the framework of criminal proceedings may be only used for the purpose of the criminal proceedings on which the request was based. The data obtained by a request made on any other grounds may be only used for purpose on which the request was based and to the extent determined by the member state having transmitted the data.

 (4) The data obtained from another member state based on a request may be used for purposes other than the one on which the request was based if this is necessary to prevent endangering of public order or security.

§ 32.  Submission of data to another member state

  Upon receipt of an inquiry, the central authority shall transmit to the central authority of another member state the following data:
 1) information concerning a convicted offender (all given names and surnames, date of birth, place of birth (city and state), sex, citizenship and, if available, previous name or names);
 2) information concerning a judgment of conviction (the date of making the judgement of conviction, name of the court, the date on which the judgement enters into force);
 3) information concerning the criminal offence for which the person was convicted (the date of committing and the name or legal assessment of the criminal offence and reference to the applicable legal provisions);
 4) data concerning the contents of a conviction (principal punishment pursuant and supplementary punishments, other sanctions and subsequent decisions modifying the enforcement of the punishment);
 5) data concerning a conviction, if entered in the punishment register.

Chapter 6 Supervision over Processing of Data in Punishment Register  

§ 33.  Supervision

 (1) The Data Protection Inspectorate (hereinafter Inspectorate) shall monitor pursuant to the Personal Data Protection Act the compliance with the requirements of this Act and the legislation established on the basis thereof.

 (2) If persons find that the rights of the person are violated or their freedoms are restricted in the course of processing of information concerning punishment, the person has the right to address the chief processor of the register, Inspectorate or a court.

§ 34.  Correction of inaccurate data and notification of correction

 (1) Inaccurate data shall be closed and corrected by the authorised processor of the register on the basis of an application of the person who submits the data, on the basis of a precept of the chief processor of the register or Inspectorate or a court ruling.

 (2) The authorised processor of the register is required to give immediate notice of a correction of data to the persons concerned.

 (3) The Inspectorate is required to verify the correction of inaccurate data.

Chapter 7 Implementation of Act  

§ 35.  Exceptions to running of term for deletion of information concerning punishment

 (1) Accounting of the running of the term specified in subsections 25 (5) and (6) of the Act shall apply from the entry into force of this Act.

 (2) Subsections 25 (5) and (6) of this Act shall not apply to persons in case of whom the running of the term for deletion of information concerning punishment has been suspended prior to entry into force of this Act and who have punishments in force in the register.

§ 36.  Criminal offences committed prior to the entry into force of Penal Code

  In the case of issue of a notice from the punishment register to a legal representative or employer of a minor or a person entitled to grant an activity licence for provision of services to minors, the offences committed prior to entry into force of the Penal Code, which are legally assessed in clause 115 (2) 3) and subsection 115 (3), subsection 1151 (2), §§ 116 and 117, subsection 118 (2), §§ 200, 2003 and 202 and clause 2026 (3) 2) of the Penal Code and equivalent criminal offences committed abroad shall be equivalent to the offences legally assessed pursuant to the Penal Code.

§ 37.  Implementing provisions related to transfer of punishment register

 (1) The functions, rights, obligations, state assets and records management related to the maintenance of the punishment register shall be transferred to the Centre of Registers and Information Systems administered by the Ministry of Justice from 1 January 2012. The activities related to transfer of the punishment register from the area of government of the Ministry of Internal Affairs into the area of government of the Ministry of Justice shall be organised by the Government of the Republic or a minister authorised by the Government of the Republic.

 (2) A notice concerning the transfer of the punishment register from the area of government of the Ministry of Internal Affairs to the area of government of the Ministry of Justice and a proposal to enter into an employment contract with the Centre of Registers and Information Systems on the terms and conditions proposed shall be submitted to an official of the punishment register office of the Police and Border Guard Board in writing at the latest on 15 November 2011.

 (3) The following rights acquired by the official of the punishment register office of the Police and Border Guard Board who leaves from the position of an official to the position subject to contract of employment in the Centre of Registers and Information Systems shall be preserved during the time of employment in the respective position:
 1) he or she shall continue to receive his or her former remuneration if the remuneration at the new position is smaller than the former salary;
 2) an official who has at least three years of service by the time of release from service shall be entitled to receive one day of additional holiday for the third and each subsequent year, but not more than a total of 10 calendar days. If additional holiday is prescribed for officials in the collective agreement of an institution, the additional holiday granted based on this section shall not be added to the additional holiday granted based on the collective agreement;
 3) write off of a study loan is granted pursuant to the procedure provided for in the Study Allowances and Study Loans Act;
 4) the time till 1 January 2018 worked under an employment contract shall be included in the length of service upon increase of the pension on the basis of subsection 57 (2) of the Public Service Act.

 (4) An official notifies the manager of the Centre of Registers and Information Systems about his or her consent to enter into an employment contract during the term determined by the latter which may not be shorter than two weeks after the date of receipt of the notice specified in subsection (2) of this section. If the official fails to notify of his or her consent within the specified term, the official shall be deemed to have opposed.

 (5) Former officials who grant their consent for entry into an employment contract on time shall not be paid the compensation specified in subsection 131 (1) of the Public Service Act upon release from service.

§ 38.  Amendment of Republic of Estonia Child Protection Act

[Omitted from this text.]

§ 39.  Amendment to State Fees Act

[Omitted from this text.]

§ 40.  Repeal of Act

[Omitted from this text.]

§ 41.  Entry into force of Act

 (1) This Act enters into force on 1 January 2012.

 (2) § 37 of this Act enters into force on 15 November 2011.