Sotsiaalseadustiku üldosa seadus (SÜS)

§ 1. Scope of regulation of the Social Code

(1) The Social Code regulates the organisation of social protection and the ensuring of social protection by public authority.

(2) This Act shall establish the principles and organisation of social protection, organisational bases for providing benefits for social protection (hereinafter “benefit”), the rights, obligations, and liabilities of a person in applying social protection, social protection procedures, the organisation of social protection financing, and the bases for managing the social protection information system.

(3) Benefits and the conditions and procedure for provision thereof shall be provided by law.

§ 2. Purpose of the Social Code

(1) The Social Code shall contribute to ensuring social rights protected by the Constitution of the Republic of Estonia, European Union law, and international agreements binding on the Republic of Estonia (hereinafter “social protection”).

(2) The objective of social protection is to support and increase a person’s independent living and social inclusion, create equal opportunities, achieve a high level of employment, prevent unemployment, and support reconciliation of work and private life.

(3) The purpose of the Social Code is to establish legal bases in order to protect a person and a family by preventing, eliminating or reducing social risks integrally, particularly in case of unemployment, illness, motherhood, professional incapacity, old age, loss of a provider, upbringing children, falling victim to crime, special social need, and difficulties in coping.

§ 3. Scope of application of the Social Code

(1) The rights and obligations established in the Social Code shall apply to an Estonian citizen residing in Estonia, a foreign national residing in Estonia on the basis of a long-term residence permit or permanent right of residence or a foreign national residing in Estonia on the basis of a temporary residence permit or temporary right of residence. In cases provided by law, the rights and obligations established in the Social Code shall also apply to other persons.

(2) Every person staying in Estonia shall have the right to receive emergency care on the bases provided by law.

(3) A beneficiary of international protection or an asylum seeker who is staying in Estonia shall have the right to receive social protection on the bases established in the Act on Granting International Protection to Foreign Nationals.

(4) If an international agreement concluded by the Republic of Estonia includes provisions that are different from the provisions of the Social Code, the international agreement shall apply.

(5) The Social Code shall apply to the activities of the institutions and persons responsible for the social protection management and organisation of providing benefits. The activities of a person who directly or indirectly participates in the organisation of providing benefits shall be subject to the principles of social protection.

(6) The administrative proceeding established in the Social Code shall be subject to the Administrative Procedure Act, taking into account the specifications established in the Social Code.

(7) Social protection shall be subject to the principles of social protection established in this Act.

(8) Social protection shall be subject to provisions concerning the rights, obligations, and liabilities of a person and social protection proceedings in cases provided by the Act regulating social protection.

§ 4. Human dignity

During the organisation of social protection, a person shall be treated without degrading him or her. The person shall be taken into account in proceedings related to him or her.

§ 5. Person’s ownership

(1) A person shall have primary responsibility in coping with social risks threatening him or her.

(2) When applying for benefit, a person shall fully contribute to purposeful and effective proceedings, and in case of a change in circumstances, to the adaptation of benefit.

§ 6. Solidarity

(1) Social rights and social protection system shall be based on solidarity.

(2) The implementation of the principle of solidarity and its specifications in the organisation of social protection shall be provided by law.

§ 7. Public authority’s duty to explain and assist

In order to make a decision on providing benefit corresponding to a person’s needs, understanding, and interests, he or she shall be assisted in submitting an application or implementing an operation if without assistance his or her rights remain unrealised due to lack of knowledge or other reasons.

§ 8. Confidentiality of social protection

A person’s need for social protection and providing benefit for a person is a private and family life secret.

§ 9. Cooperation

(1) In order to better organise social protection, the institutions and persons providing benefits shall be obligated to cooperate.

(2) Considering the confidentiality principle of social protection and the principles of protection of personal data, the cooperation between the institutions providing benefit and persons shall be organised the least burdensome way for the person. Where possible, assistance to a person shall be ensured through an institution or a person chosen by him or her.

§ 10. Systemic nature of social protection

(1) Social protection has been organised as a comprehensive system, which is based on ownership, cooperation, targeted provision of benefits based on a person’s need and public interest, legal certainty and equal treatment, and sustainable and rational use of public funds.

(2) Benefits shall complement each other, and replace one another in cases provided by law.

§ 11. Social protection system

The parts of the social protection system are:

1) ownership of a person and a family;

2) benefits organised and provided by the state and the local government;

3) benefits organised in the form of insurance;

4) other part of the social protection system provided by law.

§ 12. Types of benefits

(1) Benefit shall be provided to a person for social protection and it can be:

1) benefit in cash;

2) benefit in kind.

(2) Benefit that involves both the payment of a sum of money and the provision of benefit in kind shall be considered either benefit in cash or benefit in kind based on its main content, respectively.

§ 13. Benefit in cash

(1) Benefit in cash is allowance, pension, insurance indemnity or other sum of money paid to a person in cash.

(2) Benefit in cash may involve:

1) payment of a lump sum of money;

2) payment of a sum of money in parts, or

3) in payments by instalment of a sum of money.

§ 14. Benefit in kind

Benefit in kind is an advantage provided to a person not involving the payment of a sum of money, in particular:

1) service provided to a person or the organisation of the service provision, including full or partial assumption of obligation to pay the fee for the service provided by a third person personally to him or her;

2) providing a thing or a right for disposal or use to a person.

§ 15. Benefit provider

Benefit shall be provided or the provision of benefit shall be organised within the competence of:

1) the state;

2) the local government;

3) other legal person governed by public law;

4) any other person in cases provided by law.

§ 16. Right to receive benefit

(1) The right to receive benefit shall arise from the occurrence of the event, the occurrence of the fact or compliance with other conditions serving as the factual basis for providing benefit provided by law.

(2) In cases provided by law, the right to receive benefit shall arise from the submission of an application or from the expiry of waiting period provided by law.

(3) The right to receive benefit on the basis of discretion shall arise from the date of decision on providing benefit, unless otherwise provided by law.

(4) The law may establish a restriction on the occurrence of the right to receive benefit, in particular if a person causes the occurrence of the condition serving as the basis for providing benefit through violation of law.

§ 17. Disposal of the right to receive benefit

(1) A person shall be entitled to waive the right to receive benefit on the basis of a written application.

(2) Waiver of lump-sum benefit shall be final. In case of periodic benefit, a person may prospectively withdraw waiver at any time.

(3) Waiver of the right to receive benefit is null and void if:

1) the purpose of the benefit is to ensure the minimum required for decent subsistence, in particular an income enabling subsistence;

2) the provision of benefit is inseparably linked to the obligation related to providing benefit to a person or a person’s right to receive other benefit, waiver of which shall not be permitted or which the person has not waived;

3) waiver prevents the performance of statutory obligations of the benefit provider or damages in bad faith the statutory rights of other person.

(4) The benefit provider may determine the nullity of waiver of the right to receive benefit at any time. A person who has legitimate interest may apply for the determination of the nullity of waiver of the right to receive benefit from the benefit provider.

(5) The right to receive benefit in cash shall be allowed to be disposed in a different way than established in this section only under the conditions provided by law.

(6) It is prohibited to dispose the right to receive benefit in kind in a different way than established in this section.

§ 18. Suspension of the right to receive benefit

(1) The right to receive benefit shall be suspended:

1) if a person does not enable benefit provider to perform duties necessary for the provision of benefit;

2) if a person violates an obligation concerning the provision of benefit or secondary condition of the provision of benefit provided by law in case of which the law establishes the suspension of the right;

3) with the occurrence of the right to receive other benefit or the beginning of the provision of other benefit to a person if benefits replace one another and the law provides for the suspension of the right in case of providing other benefit;

4) in other cases provided by law.

(2) If the basis for the suspension of the right to receive benefit ceases to exist, a person shall have the right to receive benefit again.

§ 19. Termination of the right to receive benefit

(1) The right to receive benefit shall be terminated:

1) with proper and complete provision of benefit;

2) if a person does not meet the conditions on receiving benefit provided by law;

3) if a person violates in bad faith the main obligation established in subsection 1 of § 21 of this Act or an obligation related to providing benefit or secondary condition of providing benefit arising from law, the law shall establish the termination of the right;

4) with the right to receive other benefit or the beginning of the provision of other benefit if benefits replace one another pursuant to law and the law shall establish the termination of the right;

5) with cancellation or revocation of the decision on providing benefit;

6) in case of the death of a person;

7) with waiver of benefit, unless otherwise provided by law;

8) in other cases provided by law.

(2) Set-off of benefit in cash by the benefit provider on the basis established in this Act shall terminate a person’s right to receive benefit in cash to the extent of set-off.

(3) Claim for such benefit in cash for which payment was started or which a person applied for before death forms part of the estate of a person, unless benefit or secondary condition relating to the provision of benefit is inseparably linked to a person.

(4) The law may restrict the bases for the termination of the right to receive benefit established in subsection 1 of this section.

§ 20. Penalty for late payment

(1) In case of improper payment of benefit in cash, the benefit provider shall be obligated to pay penalty for late payment from the calendar month following the expiry of the term of payment to proper payment of sum in the amount provided for in subsection 1 of § 113 of the Law of Obligations Act.

(2) A person does not have a right to penalty for late payment if delay in the payment of benefit in cash was caused by a person’s own activities, failure to act or force majeure.

§ 21. Principal liabilities of person in applying and receiving benefit

(1) Upon applying and receiving benefit, a person shall be obligated:

1) to submit all known correct and complete data, documents, and other evidence to the benefit provider, which are necessary for determining the right to receive benefit or other important fact to provide other benefit, including data on third persons in cases provided by law;

2) to immediately notify the benefit provider about any circumstances or any changes in circumstances affecting the right to receive benefit and the provision thereof;

3) to actively participate in providing benefit to him or her, including complying with secondary conditions related to the provision of benefit, and undergo an investigation, medical examination or expert assessment in cases and conditions provided by law;

4) to use the funds provided to him or her in accordance with their intended purpose.

(2) The law may specify the obligations established in subsection 1 of this section and establish additional obligations on a person.

§ 22. Liability in case of violation of obligation

(1) If a person violates an obligation, which serves as the basis for the suspension of the right to receive benefit, the benefit provider shall make a decision to suspend the provision of benefit from the occurrence of circumstances serving as the basis for violation, unless otherwise provided by law.

(2) If a person violates an obligation, which serves as the basis for the termination of the right to receive benefit, the provider of benefit shall make a decision to terminate the provision of benefit from the occurrence of circumstances serving as the basis for violation, unless otherwise provided by law.

(3) In the event of violation of an obligation related to the provision of benefit, the benefit provider shall make a decision to amend or reduce the provision of benefit in case provided by law.

(4) In the event of violation of an obligation related to the provision of benefit, the benefit provider shall fully or partially reclaim the sum of money paid to the beneficiary as benefit in cash and costs made to provide benefit in kind from the beneficiary.

§ 23. Organisation of provision of benefit

(1) Benefit shall be provided:

1) on the basis of an administrative act;

2) on the basis of an administrative contract, in particular when providing benefit or the conditions for providing benefit are decided in cooperation with the benefit provider and the beneficiary, or

3) based on law, with action of the benefit provider, unless the law establishes providing benefit on the basis of an administrative act or an administrative contract.

(2) The benefit provider shall decide with an administrative act or an administrative contract, with the exception of the case provided for in clause 3 of subsection 1 of § of this section, on the following with regard to a person having the right to receive benefit:

1) the provision of benefit;

2) partial provision of benefit;

3) secondary conditions for the provision of benefit if any additional obligations are needed to be established on a person for the provision of benefit;

4) refusal to the provision of benefit;

5) amendment to the provision of benefit;

6) suspension or termination of the provision of benefit.

(3) Benefit shall be provided from the occurrence of the right to receive benefit, unless otherwise provided by law.

(4) The benefit provider shall verify the compliance of a person with the conditions for receiving benefit and informs the person about the occurrence of the right to receive benefit in cases provided by law. The right to receive benefit shall be verified on the basis of the composition of data provided by law. The benefit provider shall communicate a notification on the occurrence of the right to receive benefit to the e-mail address of a person or in the manner mentioned in clauses 2 and 3 of subsection 1 of § 27 of this Act, unless otherwise provided by law.

(5) Upon termination of the right to receive benefit, the provision of benefit shall be interrupted from the date following the occurrence of the basis for termination to the date of revocation of the basis, or the arrival of other condition established in law, unless otherwise provided by law.

(6) Waiver of the right to receive benefit shall terminate the right to receive benefit, unless otherwise provided by law.

(7) Upon termination of the right to receive benefit, the provision of benefit shall be terminated from the date following the occurrence of the fact serving as the basis for the termination of the provision of benefit, unless otherwise provided by law. Periodical benefit in cash shall be paid out for the period during which a person had the right to receive benefit.

§ 24. Applying for benefit

(1) In order to apply for benefit, a person shall submit an application to the benefit provider, unless it is established in law that benefit can be provided without the submission of an application. The application shall include data mentioned in clause 1 of subsection 1 of § 21 of this Act and other data in case provided by law.

(2) In case of submitting an application through the information system, the benefit provider shall pre-fill an electronic application for a person on the basis of data from databases belonging to the national information system or from other data sources, based on the composition of data of the application provided by law or legislation based on law. If a person uses a pre-application, he or she shall be obligated to verify the accuracy of the data, and in case of inaccurate or insufficient data notify the provider of the data.

(3) An application for benefit may be submitted before the occurrence of the right to receive benefit if it is reasonable in the organisation of social protection or otherwise important to ensure the rights of a person, in particular if the occurrence of the right to receive benefit or the provision of benefit depends on other administrative proceeding carried out by the benefit provider.

(4) An application to identify an important fact during the occurrence of the right to receive benefit may be submitted prior to the occurrence of the right to receive benefit if a person has justified interest in identifying the fact and the identification of the fact would be significantly more difficult after the occurrence of the right.

§ 25. Time-limits of proceedings during the provision of benefit

(1) The benefit provider shall decide on the provision of benefit within ten working days from the submission of a proper application or the occurrence of other event serving as the basis for the occurrence of the right to receive benefit, the arrival of the fact or compliance with a condition, unless the law establishes a different time limit.

(2) Terms and procedures for providing benefit with the action of the benefit provider on the basis of law shall be provided by law.

§ 26. Administrative act or administrative contract on providing benefit or refusal to provide benefit

(1) An administrative act or an administrative contract that serve as the basis for providing benefit shall include at least the following:

1) a summary of the person’s application if an application has been submitted to receive benefit;

2) in case of benefit in cash, its bases for calculation and amount, and according to the type of benefit, start and end date of payment, also any changes in the amount of benefit;

3) in case of benefit in kind, time limits, requirements, and procedures of providing benefit;

4) other data provided by law.

(2) An administrative act on refusal to provide benefit shall include at least the following:

1) a summary of the person’s application if an application has been submitted to receive benefit;

2) the reason for refusal to provide benefit;

3) other data provided by law.

(3) The benefit provider may issue an administrative act on providing benefit or refusal to provide benefit in an electronic form through an information system enabling the identification of a person if it ensures the notification of the administrative act pursuant to the procedure established in § 27 of this Act.

(4) The benefit provider shall confirm an administrative act that has been issued in an electronic form by means of a digital stamp or a digital signature of a person who made the decision.

§ 27. Communication of administrative act and administrative contract on providing benefit or refusal to provide benefit

(1) An administrative act or an administrative contract on providing benefit or refusal to provide benefit shall be communicated to a person according to the choice indicated in the application as follows:

1) at an e-mail address indicated in the application;

2) through an information system enabling the electronic identification of a person;

3) at the benefit provider;

4) by regular post to the address indicated in the application, or

5) in other way provided by law.

(2) If an administrative act is provided without discretion and it does not impose any additional obligations on or restrict the rights of a person, the benefit provider may communicate the administrative act only in the information system enabling the identification of a person. In this case, the benefit provider shall be obligated to send a notification on the issuing of an administrative act to a person at the e-mail address indicated in the application.

(3) An administrative act shall be considered delivered if the administrative act has been communicated through the information system enabling the identification of a person.

(4) In case of an electronic application, the benefit provider shall communicate an administrative act on providing benefit or refusal to provide benefit to a person only through the information system enabling the identification of a person, unless the person has not indicated any other choice of communication in the electronic application.

(5) The communication of an administrative act by regular mail shall be deemed to have been delivered if five calendar days have passed from its dispatch within the borders of Estonia or 30 calendar days from its dispatch to abroad.

(6) Together with an administrative act on providing benefit, the benefit provider shall communicate obligations related to providing benefit to a person.

(7) Without the submission of an application while providing benefit in the case provided by law, providing benefit or refusal to provide benefit shall be communicated to a person at the residential address indicated in the population register or with the consent of the person, in other manner mentioned in clauses 1–4 of subsection 1 of this section, unless otherwise provided by law.

§ 28. Payment of benefit in cash

(1) Benefit in cash shall be paid out within 30 calendar days from the date of decision on providing benefit, unless otherwise provided by law.

(2) Benefit in cash paid in instalments or on a periodical basis shall be paid out within the terms provided by law.

(3) At the request of a person, benefit in cash shall be paid:

1) to a person’s bank account in Estonia at the expense of the benefit provider;

2) to a third person’s bank account in Estonia at the expense of the benefit provider on the basis of a written application, digitally signed electronic application or notarised application prepared at the provider of benefit, unless the law establishes an obligation to pay benefit to the person in person only, or

3) to a person’s bank account in a foreign state, whereby the beneficiary shall pay the fees required by his or her payment service provider, unless otherwise established by an international agreement.

(3¹) The benefit provider is entitled to pay all benefits in cash to the person concerned to a single bank account.

(4) It may be provided by law that the payment of benefit in cash takes place differently than established in subsections 3 and 3¹ of this section.

(5) The benefit provider shall suspend the payment of benefit in cash if benefit in cash that has been transferred to a person’s bank account is returned to the benefit provider within two consecutive months. The benefit provider shall communicate an administrative act on the suspension of benefit to a person pursuant to the procedure provided by § 27 of this Act.

§ 29. Providing benefit in kind

Benefit in kind shall be provided on the grounds provided by law.

§ 30. Rights and obligations of benefit provider

(1) Upon applying for and providing benefit, the benefit provider shall not request any data and evidence from a person that the person has previously submitted to the benefit provider if the person confirms the accuracy of data and the obligation of the benefit provider to retain data has not expired, except in cases where it is objectively impossible or significantly hindered for the benefit provider to access data, or unless otherwise provided by law.

(2) Upon applying for and providing benefit, in the case of justified doubt on the existence of the right to benefit or the scope of benefit, the benefit provider shall have the right to verify the circumstances serving as the basis for providing benefit, including the accuracy of data, documents, and other evidence submitted during the application for benefit.

§ 31. Recovery of social protection costs

(1) The benefit provider shall partially or fully require the recovery of the sum of money paid unduly as benefit and undue costs spent for providing benefit in kind (hereinafter in this Subchapter “amounts wrongly paid”) personally to a person:

1) if a person was not entitled to benefit, since no right had occurred;

2) if a person was not entitled to benefit, since the right had been suspended or terminated;

3) in other cases provided by law.

(2) The actual cost in cash of the provided service or transferred thing shall be recovered for such a service or a thing provided as benefit in kind. If it is not possible to determine actual cost, the amount to be recovered shall be calculated pursuant to the provisions on unjustified enrichment in the Law of Obligations Act. Instead of recovering the cost of a thing in cash, the benefit provider and beneficiary may agree on returning the transferred thing.

(3) The benefit provider may waive recovery:

1) if costs related to recovery exceed the costs of the provision of benefit;

2) in other cases provided by law.

§ 32. Procedure for deciding on recovery and repayment

(1) The benefit provider shall decide on the recovery of amounts wrongly paid with a precept on the basis of a person’s voluntary repayment or a repayment application, or within administrative proceeding initiated by the benefit provider.

(2) A reasonable time limit shall be granted to comply with the precept. In agreement with a person or on the basis of a person’s justified application, considering the amount to be recovered and the options of the person, it may be decided that repayment takes place in instalments. If recovery is decided within administrative proceeding initiated on the basis of a person’s voluntary repayment and the person has fully complied with the recovery, the term for the implementation of the recovery shall be the date of voluntary repayment.

(3) The precept shall accompany a warning on the initiation of compulsory execution upon failure to comply with the obligation of recovery, except in case the precept was prepared within administrative proceeding initiated on the basis of a person’s voluntary repayment and the person has fully complied with recovery.

(4) The precept shall indicate at least the following:

1) the name and address of the precept addressee;

2) the bases for the calculation and amount of the sum to be recovered;

3) term for complying with the precept or date of making a voluntary repayment;

4) the warning message established in subsection 3 of this section.

(5) The precept shall be communicated in accordance with the procedure provided for in § 27 of this Act. Upon notification of the precept at the address indicated in the application by post, the precept shall be communicated by a registered letter or a registered letter with advice of delivery.

(6) If a person does not return the requested amount to be recovered within the term established in the precept, the benefit provider shall have the right to initiate compulsory execution with regard to the precept pursuant to procedure established in the Code of Enforcement Procedure.

§ 33. Penalty for late payment

In case of delay in the recovery of amounts wrongly paid, the benefit provider shall have the right to request penalty for late payment from the undue amount on the basis of § 113 of the Law of Obligations Act.

§ 34. Set-off

(1) The benefit provider shall have the right to set off the recovery of amounts wrongly paid that has been paid to provide benefit with the request of recovery of same or other benefit in cash provided by the benefit provider to a person on the basis of § 197 of the Law of Obligations Act. The benefit provider mentioned in clauses 1 and 2 of § 15 of this Act may set off the recovery of amounts wrongly paid only with the request of recovery of the same or other benefit in cash provided to a person by the same institution or person who has submitted the request of recovery on behalf of the benefit provider, unless otherwise provided by law.

(2) The set-off of recovery is not allowed from the income of a person for which a claim for payment is not permitted pursuant to § 131 of the Code of Enforcement Procedure, unless otherwise provided by law.

§ 35. Terms for recovery

(1) The recovery and set-off of amounts wrongly paid for providing benefit shall be subject to the provisions established on the limitation periods in the Act on the General Part of the Civil Code.

(2) The limitation period for compulsory execution of the recovery precept shall be seven years. Limitation period shall start on 1 January of the year following the year of the recovery execution date.

§ 36. Specifications of challenge proceedings

(1) Any decisions or operations made in the organisation of social protection shall be contested to the administrative authority that has made such a decision or operation, unless otherwise provided by law.

(2) A challenge shall be resolved pursuant to the procedure provided by the Administrative Procedure Act within 30 days after submitting the challenge to the administrative authority that reviews the challenge, unless a longer period is provided by law. The term for reviewing a challenge may be extended pursuant to the procedure provided by the Administrative Procedure Act.

§ 37. Social protection financing

The organisation of social protection financing shall be provided by law.

§ 38. Social protection information system

(1) The purpose of maintaining the social protection information system (hereinafter “information system”) is to perform the public duties of the Estonian National Social Insurance Board arising from law, including for the purposes of:

1) offering, providing, and paying state benefits, pensions, benefits, and maintenance allowance;

2) organising the provision of victim support service, the identification of the degree of disability, technical aid, social rehabilitation, and special welfare services;

3) analysing the duties and producing statistics, including the publication of pension information;

4) providing information to individuals on the rights, obligations, and procedures related to them.

(2) The statutes of the information system shall be established by a regulation of the minister in charge of the policy sector, laying down:

1) data processor;

2) duties of the data controller and data processor;

3) data providers, more precise composition of the data to be collected, and the procedure for the inclusion in the information system;

4) procedure for access to and release of data;

5) types of data retention and the procedure for their more precise retention;

6) other organisational questions.

(3) The data controller of the information system is the Estonian National Social Insurance Board.

§ 39. Information system data

(1) The information system shall process the following data:

1) general information of a person, death of the person, fact on the person’s death or declaration of death or declaration of the person as missing, data on residence permit and right of residence, data on guardianship or legal custody, and data on arrival to and leaving from the Republic of Estonia;

2) basic data concerning the provision and payment of state benefit, pension, benefit, maintenance allowance, and service, as well as data on accrued pension rights for the purpose of obtaining an overview and for calculating and projecting the amount of the pension;

3) data concerning the provision, payment, suspension, termination or refusal of state benefit, pension, benefit, maintenance allowance, and service;

4) data concerning the social service provider;

5) person’s tax data;

6) data concerning a person’s state of health and disability;

7) data concerning a person’s employment, business trip, and engagement in business;

8) data concerning the issue of a repressed person’s certificate, a disabled person’s card, and a pension certificate.

(2) The information system data shall be retained as follows:

1) basic information on the granting and payment of state pensions shall be retained for 75 years after the death of a person;

2) data concerning state benefits, benefits, maintenance allowance and victim support, technical aid, social rehabilitation, and special welfare services shall be retained for ten years after the corresponding right expires;

3) data concerning the identification of the degree of disability and the corresponding decision, except for data set out in clause 4 of this section, shall be retained for ten years after the death of a person;

4) data concerning a decision on the identification of the degree of disability of a child shall be retained for 60 years after the expiry of the last decision on the identification of the degree of disability of a child;

5) data concerning the identification of child disability and the identification of childhood disability shall be retained for 50 years after the expiry of the last expert decision on child disability or childhood disability;

6) logs shall be retained in accordance with the statutes of the information system.

(3) Upon expiry of the retention periods established in clauses 1–5 of subsection 2 of this section, the data shall be anonymised.

§ 39¹. Access to data by the Ministry of Social Affairs and the Ministry of Economic Affairs and Communications

The officials of the Ministry of Social Affairs in charge of the health and social policy sector and engaged in analysis, and the officials of the Ministry of Economic Affairs and Communications in charge of labour policy sector and engaged in analysis have the right to process personal data entered in the information system for the purposes of policy-making and compilation of statistics, without the person being directly identifiable. The data to be processed are the personal data specified in subsection 1 of § 39 of this Act, except personal identification code, given name and surname, and contact details.

§ 39². Retention of victim support referral data entered in the information system

Victim support referral data collected until 1 April 2023 will be archived no later than 1 April 2024 and will be retained for ten years after the end of eligibility for victim support. After this time limit, the data will be anonymised.

§ 40. Entry into force of Act

(1) Date of entry into force of this Act shall be established by a separate Act.

(2) Chapter 5 of this Act enters into force on 1 January 2017.