Isikut tõendavate dokumentide seadus (ITDS)

§ 1. Scope of application

(1) This Act establishes an identity document requirement and regulates the issue of identity documents to Estonian citizens and foreign nationals by the Republic of Estonia.

(2) 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.

§ 1¹. Foreign national and third-country national

(1) For the purposes of this Act a foreign national is:

1) A citizen of a member state of the European Union, except Estonia, or of a member state of the European Economic Area or of the Swiss Confederation (hereinafter a citizen of the European Union);

2) a third-country national.

(2) For the purposes of this Act a third-country national is a person who is not a citizen of Estonia or of the European Union.

§ 2. Identity document

(1) An identity document (hereinafter document) is a document issued by a state authority in which the name, date of birth or personal identification code, and a photograph or facial image and the signature or image of signature of the holder are entered, unless otherwise provided by law or legislation established on the basis thereof.

(2) The following documents are issued pursuant to this Act:

1) an identity card;

1¹) a digital identity card;

1²) a residence permit card;

2) an Estonian citizen's passport;

3) a diplomatic passport;

4) a seafarer's discharge book;

5) a foreign national's passport;

6) a temporary travel document;

7) a travel document for a refugee;

8) a certificate of record of service on ships;

11) The European travel document for return for the purposes of Regulation (EU) 2016/1953 of the European Parliament and of the Council on the establishment of a European travel document for the return of illegally staying third-country nationals, and repealing the Council Recommendation of 30 November 1994 (OJ L 311, 17.11.2016, pp. 13−19);

12) the EU certificate of return.

(3) Upon issue of documents, the requirements of the European Union and international organisations concerning the documents, availability of information processed in the system and security of issue of the documents shall be taken into account.

§ 3. Travel document, internal document and document prescribed for digital identification of person

(1) A travel document which is prescribed by law for crossing the state border is:

1) an Estonian document;

2) a travel document issued by a foreign state or an international organisation (hereinafter travel document issued by a foreign state).

(2) An internal document is a document which is prescribed for the identification of a person within Estonia and which is not prescribed for crossing the state border, unless otherwise provided by law or an international agreement.

(3) A document which is prescribed for digital identification of a person (hereinafter a digital document) is a document prescribed for identification of a person and verification of identity in an electronic environment.

§ 3¹. Compliance with function related to receiving application for issue of identity document and issue of document

(1) An administrative contract may be entered into pursuant to the procedure provided in the Administrative Co-operation Act for the performance of the function related to the receiving of an application for issue of a document, including the function of taking biometric data from a person and processing these data, and the issue of a document.

(2) The functions related to the receiving of an application for issue and issue of a document, which can be transferred, are the functions provided for in §§ 9², 11¹–11⁶, 12¹, 12², 20⁷, 20⁹ and 20¹² of this Act.

(3) The competence of making a decision on the issue and revocation of a document may not be transferred by an administrative contract.

(4) The Ministry of the Interior and the Police and Border Guard Board, authorised by the minister in charge of the policy sector, shall exercise supervision over compliance with the administrative contract.

(5) The performer of the function related to the receiving of an application for issue of a document and the issue of the document may collect payment for the performance of the function. A person who is applying for issue of a document has an obligation to pay a fee. The amount of the fee is agreed upon in the contract for at least one year at a time. The justified expenses related to the proceedings of the applications and organisation of the issue of documents, and reasonable operating profit, may be calculated into the fee.

§ 4. Document not specified in this Act

(1) An Estonian citizen or a foreign national may also prove his or her identity with a valid document not specified in this Act if the name, photograph or facial image, signature or image of signature and date of birth or personal identification code of the holder are entered therein. A photograph need not be entered in a document held by an Estonian citizen or a foreign national under 4 years of age. A signature or image of signature need not be entered in a document held by an Estonian citizen or a foreign national under 15 years of age.

(2) Documents issued by the Republic of Estonia and not specified in this Act shall be established by law or legislation issued on the basis thereof. Chapter 3 of this Act does not apply to documents not specified in this Act.

§ 4¹. State fee

A state fee for the review of an application for the issue of a document, the change of place of issue and the forwarding thereof to a representation of a Member State of the European Union is paid according to the rate provided in the State Fees Act.

§ 5. Identity document requirement for Estonian citizens

(1) An Estonian citizen residing in Estonia shall hold an identity card.

(2) An Estonian citizen specified in subsection 1 of this section who is under 15 years of age need not hold an identity card.

§ 6. Identity document requirement for foreign national residing in Estonia

(1) A European Union citizen residing in Estonia on the basis of a valid right of residence shall hold an identity card.

(2) A third-country national residing in Estonia on the basis of a valid residence permit or the right of residence shall hold a residence permit card.

(3) A foreign national under 15 years of age does not have the obligation to hold an identity card or residence permit card provided for in subsections 1 and 2 of this section.

§ 7. Identity document requirement for foreign nationals staying temporarily in Estonia

(1) A third-country national arriving in Estonia, staying temporarily in Estonia and departing from Estonia shall hold a valid travel document issued by a foreign state, a foreign national's travel document issued by Estonia or a document permitting return issued in a foreign state, unless otherwise prescribed by a treaty.

(2) A third-country national under 15 years of age need not hold a travel document or permit of return if his or her name, date of birth and photograph or facial image are entered in the travel document held by a person accompanying him or her. A photograph or facial image of a third-country national under seven years of age need not be entered in the travel document held by a person accompanying him or her.

(3) An EU citizen arriving in Estonia, staying temporarily in Estonia and departing from Estonia must hold a valid travel document or an identity card issued by the state of their citizenship or the EU certificate of return issued by a member state of the European Union, including Estonia.

§ 7¹. Specification of identity document requirement

An imprisoned person need not hold an identity card, a residence permit card or a travel document issued by the Republic of Estonia.

§ 8. Identity document requirement upon crossing state border

The document requirement upon crossing the state border is provided for in the State Borders Act.

§ 9. Standard format of documents and data entered in documents

(1) The standard format and the technical description of a document and the list of data to be entered in a document shall be established by a regulation of the minister in charge of the policy sector.

(2) Data shall not be entered in a document if a treaty, law or other legislation of general application established on the basis thereof, does not prescribe the entry of such data.

(3) The following personal data may be entered in a document concerning the holder of the document:

1) name;

2) date and place of birth;

3) personal identification code;

4) photo or facial image;

5) sex;

6) citizenship;

7) fingerprint images;

8) signature or image of signature;

9) iris images;

10) hair colour;

11) other personal data if prescribed by a treaty, law or other legislation of general application established on the basis thereof.

(4¹) The data specified in subsection 3 of this section may also be digitally entered in a document.

(5) The list of information and data which enables identification of a person digitally and digital signing and other relevant digital data to be entered in the document is established by a regulation of the minister in charge of the policy sector.

(5¹) Technical requirements concerning the medium on which digital data of a digital document or document may be entered are established by a regulation of the minister in charge of the policy sector.

(5²) The Information System Authority of the Republic of Estonia assesses the compliance of the medium with the requirements established on the basis of subsection 5¹ of this section.

(6) The minister in charge of the policy sector may establish by a regulation a minimum age limit under which the signature or image of signature of a person is not entered in a document.

§ 9¹. Entry of person's name in document

(1) If a person's name contains foreign letters, the person's name shall be entered in a document according to the transcription rules of the International Civil Aviation Organization (ICAO) and, if possible, the original letters shall be retained.

(2) In case a person's given name or surname is longer than 30 characters, the name is entered in a document so that the letters at the end of the name which do not fit in the corresponding data fields are not written.

(3) In the cases specified in subsections 1 and 2 of this section, a person's name is entered in its original form in the notations page of the document (except an identity card, a digital identity card, a residence permit card and an EU certificate of return).

§ 9². Processing of personal data

(1) In the case of the procedures specified in this Act, biometric data may be obtained from a person and such data may be processed.

(2) For the purposes of this Act, biometric data is a facial image, fingerprint images, signature or image of signature and iris images.

(3) For the purposes of this Act, a biometric document is a document in which biometric data is also entered digitally.

(4) For the purposes of this Act, capturing of fingerprints means fingerprinting.

(5) Biometric data of the holder of a document collected in the course of the procedure for the issue of the document may be processed only in the cases and under the conditions provided by law.

(6) Subsection 5 of this section does not extend to the verification of the identity of the holder of a document carried out on the basis of the document which includes comparing the biometric data obtained from the holder of the document with the data entered in the document.

(6¹) In case a person applies for an Estonian citizen’s document for the first time and the Police and Border Guard Board has reasonable doubts as to whether a document certifying Estonian citizenship issued in a foreign country is genuine or whether its basic data is correct, the Police and Border Guard Board may:

1) require the person to undergo a paid DNA analysis to prove Estonian citizenship in accordance with the procedure established based on subsection 5 of § 11 of the Forensic Examination Act;

2) process the DNA analysis data specified in clause 1 of this subsection.

(6²) The DNA examination specified in clause 1 of subsection 6¹ of this section are ordered and the costs are borne by the person.

(6³) The Police and Border Guard Board has the right:

1) to forward to the Estonian Forensic Science Institute the given name and surname and personal identification code or, in the absence thereof, the date of birth of the person involved in the DNA analysis referred to in clause 1 of subsection 6³ of this section;

2) to receive from the Estonian Forensic Science Institute the DNA analysis data referred to in clause 1 of subsection 61 of this section.

(7) In the case of procedures provided for in this Act, an administrative authority shall have the right to process personal data, including personal data of a special type.

(7¹) An administrative body may use the contact details provided in the application for the document to send a notice to the person regarding the procedure provided in this Act or the document issued therein.

(8) An administrative body may forward personal data collected based on this Act to a third party to identify and verify circumstances that are relevant in the procedure for issuing or revoking a document, for revoking the validity of a certificate or in the procedure for supervising the use of an e-resident’s digital identity card.

(8¹) A third party may process personal data forwarded thereto on the basis of subsection 8 of this section only in order to identify circumstances that are relevant to the procedure. After identification of the circumstances and notifying the administrative body thereof, the third party deletes the personal data without delay.

(8²) The Police and Border Guard Board may, upon request, forward to the foundation established by the state to guarantee business and housing loans (hereinafter the foundation), the following data collected in the procedure for issuing an e-resident's digital identity card and regarding the e-resident's digital identity card:

1) the e-resident's given name and surname, personal identification code or, in the absence thereof, date of birth, gender, citizenship and contact details;

2) place of issue, time of issue and period of validity of the e-resident's digital identity card;

3) the purpose of applying for an e-resident's digital identity card and a description of the planned activities and the justification for the application.

(8³) The foundation may process the data specified in subsection 8² of this section in order to:

1) monitor risks that prevent or otherwise negatively affect the achievement of the objective specified in subsection 2 of § 20⁵ of this Act;

2) where necessary, provide the e-resident, at their request, with personal services necessary to achieve the objective specified in subsection 2 of § 20⁵ of this Act.

(8⁴) The foundation retains the data specified in subsection 8² of this section for five years as of the date of issue of the e-resident's digital identity card or until revocation of the e-resident's digital identity card.

(9) An administrative body may collect data from a database, from another authority and person performing public functions, and from a private person, on circumstances that may be relevant to the procedure for issuing or revoking a document, the procedure for revoking the validity of a certificate, or the procedure for supervising the use of an e-resident's digital identity card. The specified authorities and persons must forward such data to the administrative body, and the administrative body may process such data.

§ 9³. Entry of photograph or facial image in document

(1) A photograph or facial image of the holder of the document, which enables unequivocal verification of the identity of the holder of the document, shall be entered in a document. The photograph must enable the entry of the facial image in the document and processing thereof.

(2) In a photograph or facial image entered in a document a person may wear a headdress for religious purposes on condition that wearing a headdress is obligatory in the religious organisation and the requirements provided for in subsection 1 of this section are met.

(3) The Ministry of the Interior shall give a written opinion about the mandatory wearing of a headdress of a person arising from religious. The application to get the opinion of the Ministry of the Interior shall set out the person's name, date of birth or the personal identification code and the name of the religious organisation. The Ministry of the Interior may request data that is needed for identification of the religious affiliation of a person from the religious organisation.

(4) In the cases provided for in subsection 2 of this section a person shall submit the opinion specified in subsection 3 of this section to the issuer of the document together with the application for the document.

(5) Subsections 3 and 4 of this section are not applied with regard to the EU certificate of return.

§ 9⁶. Revocation of certificate

(1) The issuer of the document may revoke the certificate if:

1) the holder of the document has violated a material obligation set out in the terms of use of the trust service;

2) there is a reason to believe that false information has been entered into the certificate;

3) there is a reason to believe that it is possible to use the private key corresponding to the public key contained in the certificate without the consent of the certificate holder;

4) technical requirements established on the basis of subsection 5¹ of § 9 of this Act concerning the medium of a digital document change during the period of validity of the document or the document is no longer in compliance with the requirements needed for secure use thereof.

(2) The validity of a revoked certificate shall not be restored.

(3) The issuer of the document shall immediately notify the holder of the document of the revocation of the certificate.

§ 10. Issue of document

(1) A document shall be issued only on the bases provided for in this Act.

(2) If the issuer of a document has a justified reason to believe that the issue of a travel document to a person who is under 15 years of age may damage the interests of the person, the consent of the guardianship authority is required for the issue of a travel document.

(3) A person of at least 15 years of age may perform the procedural acts provided for in this Act independently.

(4) The European travel document for return shall be issued without an application from the person for a single departure from Estonia and entry into the admitting country if the person does not have a valid travel document or a certificate of return issued by a foreign state.

§ 11¹. Identification of person and verification of identity upon issue of document

(1) Upon application for the issue of a document, the issuer of the document shall verify the identity of the applicant on the basis of a valid document and data for identification of a person entered in the identity documents database and in the automated biometric identification system (hereinafter ABIS database).

(1¹) In case a person specified in clause 1 of subsection 1 of § 36⁴ or subsection 2 of § 364 of this Act applies for an EU certificate of return, the issuer of the document verifies the identity of the applicant for the document on the basis of the personal identification data entered in the identity documents database and the statements of the person.

(1²) In case a person specified in clause 2 of subsection 1 of § 36⁴ of this Act applies for an EU certificate of return, the issuer of the document verifies the identity of the applicant for the document on the basis of the personal identification data confirmed by the country of citizenship of the person and the statements of the person.

(1³) A consular officer may verify the identity of the applicant for an EU certificate of return specified in subsection 1¹ of this section by means of a video bridge.

(2) If a document provided for in this Act has not been previously issued to a person, the Police and Border Guard Board shall identify the person who applies for the document. Regarding the identification of a person the Police and Border Guard Board shall enter data of the identification of the person in the identity documents database. The Police and Border Guard Board shall enter biometric data taken from a person into the ABIS database.

(3) Upon the issue of an EU certificate of return to a child under the age of one who was born in a foreign country, the identity of the child is established by an Estonian consular officer based on the birth certificate of the child and the statements of the parent.

§ 11². Submission of application for issue of document without biometric data

(1) In order for a document to be issued without biometric data, a person or his or her legal representative shall submit an application to the authority competent to issue the document.

(2) A person or his or her legal representative shall personally address the authority competent to issue the document in order to submit an application for the issue of the document specified in this Act for the first time if a document specified in subsection 4 of § 15 of this Act has not been issued to the person before.

(3) Upon application for the issue of a document provided for in this Act for the first time, a person or his or her legal representative need not personally address the authority competent to issue a document in order to submit an application for the issue of a document if a person holds a valid Estonian residence permit.

(7) Upon application for the issue of a document without biometric data to an applicant under 15 years of age or an adult with restricted active legal capacity his or her legal representative need not address the authority competent to issue such a document or a consular agent of Estonia in person in order to submit the application if the legal representative has been issued the document specified in subsection 4 of § 15 of this Act or he or she holds a valid Estonian residence permit.

§ 11³. Special cases of submission of application for issue of document without biometric data

(1) If an applicant for a document is required to address the authority competent to issue the document in person but the state of health of the applicant staying in Estonia has rendered the applicant permanently incapable of personally addressing the authority competent to issue the document in order to submit an application for the issue of the document, then, after the identity of the applicant for the document has been verified by an employee duly authorised by the head of a rural municipality, city government or social welfare institution, the application for the issue of the document may be forwarded with the written consent of the applicant for the document.

(2) An applicant is required to certify the circumstances specified in subsection 1 of this section by appending a confirmation by a rural municipality, city government or social welfare institution to the application which states that the applicant's state of health has rendered the applicant permanently incapable of personally addressing the competent authority in order to submit the application.

(3) In case an applicant for a document is required to personally address the authority competent to issue the document, then, after verification of the identity of the applicant, an authorized officer or employee of a detention facility may forward the application for the issue of a document of a person being imprisoned in Estonia provided that the applicant has no possibility to personally address the authority competent to issue the document.

(4) If an applicant for a document is required to personally address the authority competent to issue the document but the Estonian citizen is staying in a custodial institution or social welfare institution in a foreign state or if the applicant's state of health has rendered the applicant incapable of personally addressing a consular agent of Estonia in order to submit the application for the issue of the document, the applicant or his or her legal representative may submit a request to a consular agent of Estonia or representation of a member state of the European Union in writing that the application for issue of the document be received at the place of stay or residence of the applicant.

(5) The applicant is required to prove circumstances specified in subsection 4 of this section.

§ 11⁴. Submission of application for issue of document containing biometric data

(1) In order for a document containing biometric data to be issued, a person or his or her legal representative shall submit a corresponding application to an authority competent to issue the document.

(2) In order to submit an application for the issue of a document containing biometric data, the person shall personally address the authority competent to issue such document.

(3) In order to submit an application for the issue of a document a person under 15 years of age or an adult with restricted active legal capacity shall address the authority competent to issue the document in person together with the legal representative of the person.

(4) An Estonian citizen or his or her legal representative may personally submit an application for the issue of an identity card or an application for the issue of an Estonian passport to a consular agent of Estonia who, after verification of the identity of the applicant and taking of the biometric data, shall forward it to the Police and Border Guard Board for review.

(5) If a person under 15 years of age or an adult with restricted active legal capacity submits an application for the issue of an identity card or an application for the issue of an Estonian passport to a consular agent of Estonia, upon submission of the application he or she shall address the consular agent of Estonia in person together with his or her legal representative.

(5¹) A third-country national who holds a temporary right of residence or a permanent right of residence, whose place of residence is registered in a foreign state on the basis of the data of the Population Register, except a person who has been issued a foreign national’s passport on the basis of § 27 of this Act, may submit an application for the issue of a residence permit card personally to a consular agent of Estonia, who, after verification of the identity of the applicant and taking of biometric data, shall forward it to the Police and Border Guard Board for review.

(5²) A third-country national who holds a temporary residence permit or a long-term resident’s residence permit, whose place of residence is registered in a foreign state according to the data of the Population Register, except a person who has been issued a foreign national’s passport on the basis of § 27 of this Act, may submit an application for the issue of a residence permit card personally to a consular agent of Estonia, who, after verification of the identity of a person and taking of biometric data, shall forward it to the Police and Border Guard Board for review.

(5³) If a third-country national specified in subsections 5¹ and 5² of this section is under 15 years of age or an adult with restricted active legal capacity, he or she, in order to submit an application for the issue of a residence permit card, is required to address a consular agent of Estonia in person together with his or her legal representative, who shall submit an application for the issue of a residence permit card on behalf of the third-country national specified above.

(6) A person need not personally address the Police and Border Guard Board, the Ministry of Foreign Affairs or a consular agent of Estonia in order to apply for the issue of a document containing biometric data in case the fingerprints which are taken upon fingerprinting in the proceeding of the issue of a residence permit, a work permit, the right of residence or a document enable identification of a person and comply with the requirements established by a regulation of the minister in charge of the policy sector.

§ 11⁵. Special cases of application for issue of document containing biometric data

(1) If the state of health of a person staying in Estonia has rendered the person permanently incapable of personally addressing the Police and Border Guard Board for submission of the application for the issue of a document but the person is required to personally address such authority, the Police and Border Guard Board may receive the application, identify the applicant or verify the identity of the applicant and take the biometric data of the applicant at his or her place of residence or place of stay in Estonia.

(2) Upon application for a travel document the Police and Border Guard Board may perform acts specified in subsection 1 of this section in the following cases:

1) the application for a travel document is submitted together with the application for an identity card or residence permit card;

2) the application for such document is justified, the aim of travelling of the person is medical treatment, and the document is needed in order to travel to a foreign country.

(3) For submission of an application at a person's residence or place of stay, the applicant or his or her legal representative shall submit a corresponding written request to the Police and Border Guard Board and append the documents in proof of the circumstances specified in subsections 1 and 2 of this section thereto.

(4) An authorised officer or employee of a detention facility forwards an application for the issue of a document of a person detained in an Estonian prison to the Police and Border Guard Board, verifies their identity and may take biometric data from them in case:

1) the application is justified;

2) the person needs the document while in prison;

3) it is required that a person address the Police and Border Guard Board in person, but the person is unable to do so.

(4¹) An authorised officer or employee of a detention facility takes biometric data from a person detained in an Estonian prison based on subsection 4 of this section in accordance with the procedure established based on subsection 6 of § 15 of this Act.

(4²) Biometric data obtained pursuant to subsection 4 of this section are entered into the ABIS database.

(4³) In case an authorised officer or employee of a detention facility cannot, for technical reasons, take biometric data from a person detained in an Estonian prison based on subsection 4 of this section, the Police and Border Guard Board take them in the prison.

(6) The Police and Border Guard Board accepts an application for the issue of a document from a person detained in an Estonian prison in case an authorised officer or employee of the detention facility adds a confirmation thereto, which proves justified need of the person to apply for the document.

(7) The minister in charge of the policy sector shall establish by a regulation the minimum age limit under which fingerprints shall not be taken from a person upon submission of an application for an identity card, travel document, the residence permit or the right of residence of a third-country national and upon application for a residence permit card, and under which the requirement for appearing in person shall not be applied with regard to him or her upon application for a document containing biometric data.

(8) Upon application for a document containing biometric data to a person specified in subsection 7 of this section his or her legal representative is not required to personally address the authority competent to issue the document or a consular agent of Estonia if the legal representative has been issued a document specified in subsection 4 of § 15 of this Act or he or she has a valid Estonian residence permit.

§ 11⁶. Taking of biometric data from applicant for document

(1) Upon submission of an application for a document, the applicant or the applicant's legal representative is required to enable the fingerprinting and taking of a facial image of the applicant and the processing of such data.

(2) If a document is issued to a person without his or her personal application, the applicant is required to enable fingerprinting and taking of a facial image and the processing of such data.

(3) Upon submission of an application, the fingerprints of the applicant are captured.

(4) Upon submission of an application, the applicant shall provide his or her photo which enables to identify him or her unequivocally. An applicant need not provide his or her photo if the facial image of the applicant is taken upon submission of the application.

(5) The fingerprints of a person are not captured if the person lacks all fingers or if his or her state of health has rendered the person permanently unable to undergo fingerprinting. The person shall provide certification of his or her state of health due to which the person is permanently unable to undergo fingerprinting.

(6) If a person is temporarily unable to undergo fingerprinting due to his or her state of health, the fingerprints of the person shall not be captured. The person shall provide certification of his or her state of health due to which the person is temporarily unable to undergo fingerprinting.

(7) If a person is temporarily unable to undergo fingerprinting due to his or her state of health and as a result, his or her fingerprint images cannot be entered in the document, the term of validity of the document issued to the person shall not exceed one year.

(9) A mark is entered in the document specifying which fingerprint images have been entered in the document.

(10) An applicant for a document need not undergo fingerprinting in case the fingerprints which are taken upon fingerprinting in the procedure of the issue of a residence permit, the right of residence, a work permit or a document enable identification of a person and comply with the requirements established by a regulation of the minister in charge of the policy sector.

§ 11⁷. Review of application for issue of document

(1) At the request of an authority competent to issue a document, a person is required to address the specified authority in person in order to render procedural acts necessary for the issue of the document.

(2) Review of an application for a document is denied if a person applies for the issue of a document but refuses to submit data, among other biometrical data, needed for such purposes.

(3) An application for a document is denied in case the person has not undergone the DNA analysis specified in clause 1 of subsection 6¹ of § 9² of this Act at the request of the Police and Border Guard Board within 90 days.

§ 12. Refusal to issue document

(1) The issue of a document shall be refused if there is no basis provided by law for performance of the act.

(1¹) The issue of a document to an imprisoned person shall be refused if the person already holds a valid document of a similar type and the circumstances that constitute the basis for the issue of the document have not changed.

(2) On the proposal of the guardianship authority or in the absence of the consent specified in subsection 2 of § 10 of this Act, the issue of a travel document to a person under 15 years of age may be refused if the issue of the travel document may damage the interests of the person under 15 years of age.

(3) The issue of a document shall be refused if the person has not been identified or his or her identity has not been verified in the procedure prescribed.

(3¹) The issue of a digital document is refused if the medium of a digital document does not allow secure use of the document.

(4) If a court has prohibited the issue of a document on the basis of subsection 1¹ of § 177² of the Code of Enforcement Procedure, the issue of the document shall be refused until the expiry of the term specified in the court ruling or until entry into force of a court ruling made on the basis of subsection 1 of § 177⁵ of the Code of Enforcement Procedure.

(5) On the proposal of the Prosecutor's Office or an investigative body that conducting pre-trial proceedings in a criminal matter, the issue of the document provided for in clauses 2–8 of subsection 2 of § 2 of this Act shall be refused to a person who has been declared fugitive or who has been imposed the prohibition on departure from residence or bail by way of a preventive measure in criminal proceedings.

§ 12¹. Issue of document

(1) A document is issued through the Police and Border Guard Board or the Ministry of Foreign Affairs. The EU certificate of return is issued by the Ministry of Foreign Affairs or the representation of a member state of the European Union.

(2) In order to receive a document, a person must personally appear to the issuer of the document. Upon the issue of a document, the issuer of the document shall verify the identity of the applicant for the document. The applicant for a document shall sign against receipt of the document.

(2¹) A document may be issued to the representative of a person if the person has authorised the representative upon the application for the document to receive his or her document, the representative has a valid document provided for in subsection 2 of § 2 of this Act and his or her identity is verified by means of biometric data for identification of a person.

(2²) At the request of an applicant for a document the issuer thereof may deliver the document by mail through a secure service provider. The secure service provider is determined by the issuer of the document. The costs of the secure service are borne by the applicant for the document.

(2³) For the protection of the rights and interests of the holder of a document the issuer of the document may demand that an applicant appear in person in order to receive the document or issue of the document in a manner provided for in § 12² of this Act.

(2⁴) A document provided in clauses 1–8 of subsection 2 of § 2 of this Act may not be issued through the Ministry of Foreign Affairs, to an authorized representative or through a secure service provider in case a person has been declared fugitive or the person has been imposed the prohibition on departure from residence or bail by way of a preventive measure in criminal proceedings.

(2⁵) Subsection 2¹ of this section is not applied to an EU certificate of return.

(2⁶) Where the issuer of a document does not require the applicant to appear in person at the place of business of the issuer or at a foreign representation of Estonia for the issue of the document, the identity of the applicant is verified by means of a certificate entered into the document which enables digital identification or digital signing.

(3) A person under 18 years of age or an adult with restricted active legal capacity need not personally appear to the issuer of the document to receive the document. For the protection of the rights and interests of the holder of the document, the issuer of the document may demand that an applicant under 18 years of age or an adult with restricted active legal capacity appear in person in order to receive the document.

(4) Upon issue of a document to the legal representative of a person under 18 years of age or an adult with restricted active legal capacity, the issuer of the document verifies the identity of the legal representative. The identity of a person under 18 years of age or an adult with restricted legal capacity is verified based on the statements of their legal representative.

(5) A document of a person under 15 years of age or an adult with restricted active legal capacity shall be issued to the legal representative of the holder of the document. The legal representative shall sign against receipt of the document.

(6) At the request of the holder of a document, the issuer of the document shall enable the holder of the document to verify the correctness of the biometric data digitally entered in the document.

(7) A document subject to issue through the Ministry of Foreign Affairs may be forwarded to a representation of a member state of the European Union for the issue within the framework of consular assistance. The document shall be issued through the representation of another member state of the European Union only with the consent of the representation of this member state.

(8) A document shall not be forwarded for the issue in a manner specified in subsection 7 of this section if the person has not been issued a document provided in this Act before and, upon submission of the application for the document, the applicant for the document did not personally appear at the authority competent to issue the document or personally address a consular agent of Estonia.

(9) The minister in charge of the policy sector has the right to establish, by a regulation, the procedure and terms for the issue of documents.

§ 12². Special cases of issue of document

(1) If the state of health of a person staying in Estonia has rendered the person permanently incapable of personally appearing to the issuer of a document in order to receive the document, with the written consent of the holder of the document, the issuer of the document may forward the document for the issue to an employee duly authorised by the head of a rural municipality or city government or a social welfare institution.

(1¹) A person shall submit proof of the circumstances specified in subsection 1 of this section, appending to his or her written consent the confirmation of a city government or rural municipality or a custodial institution that his or her state of health has rendered the person permanently incapable of personally appearing at the seat of the issuer of a document in order to receive the document.

(2) The document of a person imprisoned in Estonia may be forwarded for issue to an authorised officer or employee of detention facility.

(3) If an Estonian citizen is staying at a custodial institution or social welfare institution in a foreign state or if his or her state of health does not permit him or her to personally address the Estonian foreign mission in order to receive a document, the person or his or her legal representative may file a written request with the Estonian foreign representation for the issue of the document to the applicant at his or her place of stay or residence.

§ 13. Revocation of document

(1) A document shall be revoked:

1) if the basis for issuing (holding) the document ceases to exist;

2) if the document is issued or replaced without legal basis;

3) if the document or an entry or data contained therein are falsified or inaccurate;

4) if the document has become unusable or an entry contained therein is illegible;

5) if the document is not integral or is spoiled;

6) if the document is lost or destroyed;

7) upon issue of a new document of the same type to the holder of the document, except upon issue of a digital identity card and the additional passport specified in subsection 3 of § 21 and subsection 6 of § 22 of this Act;

8) upon the death or declaration of death of the holder of the document.

(1²) Revocation of the certificate enabling digital identification and of the certificate enabling digital signing has no effect on the validity of the identity card and residence permit card.

(1³) The digital identity card shall become invalid upon revocation of the certificate enabling digital identification and of the certificate enabling digital signing entered in the digital identity card.

(1⁴) A court shall declare a document invalid on the basis of subsection 1¹ of § 177² of the Code of Enforcement Procedure. The document shall be invalid as of the entry into force of the court ruling.

(1⁵) A document provided for in clauses 2–8 of subsection 2 of § 2 of this Act shall be revoked on the proposal of the Prosecutor's Office or an agency conducting pre-trial proceedings in the criminal matter if the user of the specified document has been declared fugitive or the person has been imposed the prohibition on departure from residence or bail by way of a preventive measure in criminal proceedings.

(2) If, after the issue of a document, the issuer of the document establishes that false information or falsified documents have been submitted concerning circumstances which are the basis for the issue of the document, a person is required, at the request of the issuer of the document to provide documentary evidence of the circumstances which are the basis for the issue of the document. If the person has not submitted the specified evidence within the term established by the issuer of the documents shall revoke the document due to the submission of false information or falsified documents.

(3) In the cases specified in clauses 1–3 of subsection 1 and subsections 1⁴, 1⁵ and 2 of this section, the authority which has revoked the document shall inform the holder of the document of the revocation of the document without undue delay.

(4) The validity of a revoked document shall not be restored.

(5) The issuer of a document renders the revoked document unusable in case the applicant for the document presents it when a new document is issued.

§ 13¹. Destruction of non-issued document

In case a person has not appeared at the authority competent to issue a document within six months as of the date on which the application for the issue of the document was received for processing and personal addressing is required, the issuer of the document may deem the person to have withdrawn the application for the document and destroy the non-issued document.

§ 14. Obligations of holder of document and return of document

(1) In case the data entered in the document have changed, the holder of the document is required to apply for a new document within one month as of the change if data.

(2) In case a document becomes unusable, is lost or destroyed, the holder of the document is required to notify the issuer of the document thereof within 24 hours as of the day on which the document becomes unusable, is lost or destroyed or on which the holder becomes aware thereof.

(4) The holder of a document is required to return the document promptly to its issuer in case the document is revoked in accordance with clauses 1–3 of subsection 1 and subsection 2 of § 13 of this Act.

(6) The holder of an e-resident’s digital identity card notifies its issuer of any change in their contact details.

§ 15. Organisation of issue and revocation of document

(1) The minister in charge of the policy sector establishes by a regulation the procedure and time limits for the issuing of a document, the list of data and evidence to be submitted for that purpose, and the requirements for them and the application.

(2) The minister in charge of the policy sector shall establish by a regulation the procedure for the identification and verification of the identity of an applicant for an identity card, digital identity card, residence permit card, Estonian citizen's passport, foreign national's passport, temporary travel document, travel document for a refugee, seafarer's discharge book and certificate of record of service on ships.

(3) The standard forms of the applications for the issue of a diplomatic identity card and an EU certificate of return and the procedure for the recognition of a travel document of a foreign state and an international organisation are established by a regulation of the minister in charge of the policy sector.

(4) The Police and Border Guard Board shall issue and revoke:

1) an identity card;

1¹) a digital identity card;

1²) a residence permit card;

2) an Estonian citizen's passport;

3) a foreign national's passport;

4) a temporary travel document;

5) a travel document for a refugee;

6) a seafarer's discharge book;

7) a certificate of record of service on ships;

8) the European travel document for return.

(4¹) On the basis of subsection 1¹ of § 177² of the Code of Enforcement Procedure, the court has the right to revoke the documents specified in clauses 2–7 of subsection 4 of this section and the diplomatic passport specified in clause 1 of subsection 5 of this section.

(5) The Ministry of Foreign Affairs shall:

1) issues and revokes a diplomatic passport and and EU certificate of return;

1¹) issue and revoke a diplomatic identity card;

2) issue an Estonian citizen’s passport, an identity card and a digital identity card to an Estonian citizen staying in a foreign state;

3) a digital identity card to a foreign national staying in a foreign state.

4) issue a residence permit card to a third-country national staying in a foreign state who is applying for a temporary residence permit or a temporary right of residence except for a person to whom a foreign nationals’ passport has been issued on the basis of § 27 of this Act;

5) issue a residence permit card to a third-country national holding a temporary right of residence or permanent right of residence, except for a person to whom a foreign nationals’ passport has been issued on the basis of § 27 of this Act;

6) issue a residence permit card to a third-country national who is holding a temporary residence permit or a long-term resident’s residence permit, except for a person to whom a foreign nationals’ passport has been issued on the basis of § 27 of this Act.

(6) The procedure for taking biometric data from an applicant for a document shall be established by a regulation of the minister in charge of the policy sector.

(7) The requirements for a photo to be submitted upon application for a document shall be established by a regulation of the minister in charge of the policy sector.

(8) The issuer of a document may disclose the numbers of the invalid documents on the public web page and enable verification of the validity of the document without disclosing the personal data of the holder of the document thereby.

§ 15². Identity documents database

(1) The identity documents database (hereinafter in this section database) is a database established by the Government of the Republic, the statutes of which are established by a regulation of the minister in charge of the policy sector.

(2) The purpose of maintaining the database is to ensure public order and national security by identification of a person and the processing of data related to the issue and revocation of documents provided in subsection 4 of § 15 of this Act and by the processing of data of persons applying for such documents.

(3) In order to comply with the purpose of maintaining the database and the task provided in a legal act of the European Union, an international agreement, an act or a regulation, the following data are processed collected with regard to the identification of a person and the issue or revocation of a document provided in subsection 4 of § 15 of this Act, and with regard to the applicant for or holder of such a document, an administrative act issued and an act performed:

1) general data of the applicant and user;

2) place of birth, nationality and data of the document of the applicant and user;

3) data of the birth certificate and document certifying Estonian citizenship of the user;

4) biometric data of the applicant and user or data on the impossibility of taking biometric data;

5) data on the education of the applicant and user;

6) data on the health status of the applicant and user;

7) general data and place of birth of the parent of the applicant and user;

8) general data and data on the right of representation of the applicant and user;

9) information on the foreign applicant's residence permit, right of residence or other permit or status for staying in Estonia;

10) a CV of the foreign applicant;

11) in the case of an application for a temporary travel document, the country to which the applicant is leaving and the reason for leaving;

12) information on the business of a foreign applicant;

13) information on any punishment sentenced to or imposed on a foreign applicant;

14) information on an entrepreneur related to the foreign applicant;

15) the purpose of the application and a description of the planned activities of a foreigner and the justification for the application;

16) information on the personal bank account of a foreign applicant and the account of the payment institution and information on the use of virtual currency;

17) information on whether the foreign applicant is suspected or accused of or has been suspected or accused of an economic, cyber or terrorist crime;

18) information on the refusal to issue a visa to the applicant and the application of an entry ban;

19) data on the service and employment of a foreign applicant in military service, armed forces, as an active serviceman or in the intelligence or security service, data on participation in a military operation outside Estonia and data on service in a state or non-state armed organization or unit;

20) information on the membership of a foreign applicant in a public organization;

21) information on the membership of a foreign applicant in a terrorist organisation;

22) the reason and method of submitting the application and the information of the document and state fee attached to the application;

23) information on the Estonian foreign mission, in case the application was submitted at an Estonian foreign mission;

24) information on the document issued;

25) the written confirmation of the applicant about the issue of the document;

26) information on the procedural act and decision and information on contestation of the decision.

(3¹) Upon identification of a person and verification of a person’s identity within the meaning of § 15⁵ of this Act, the identity data of a person entered in the database may be processed.

(4) The controller of the database is the Police and Border Guard Board.

(5) The procedure for maintaining the database is provided in the statutes of the database, including:

1) data providers and data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of the controller;

5) processor and their tasks;

6) procedure for granting access to data and issuing data;

7) more specific data retention periods;

8) other organizational issues.

(5¹) Biometric data processed for the purpose of identification of a person or verification of a person's identity shall be deleted from the database immediately after the performance of the comparative study.

(5²) Data entered into the database based on this Act are stored for a maximum of 75 years as of the date of entry into the database. More specific data storage periods are provided in the statutes of the database. Data on the first application for the issue of an Estonian citizen’s document are stored indefinitely.

(6) In private and public relationships the data in the database concerning administrative acts and acts performed in the course of the procedures specified in subsection 3 of this section may be used as the basis for data concerning identification of a person and the issue and revocation of documents provided in subsection 4 of § 15 of this Act.

§ 15³. Databases of diplomatic passports and diplomatic identity cards

(1) The statutes of databases of diplomatic passports and diplomatic identity cards shall be established by a regulation of the minister in charge of the policy sector.

(2) The purpose of the database of diplomatic passports is to ensure foreign relations and to process the personal data and biometric data of the user of the diplomatic passport, which allows keeping records of diplomatic passports issued, revoked and expired.

(2¹) Upon identification of a person and verification of a person's identity within the meaning of § 15⁵ of this Act, the identity data of a person entered in the database of diplomatic passports may be processed.

(3) The purpose of the database of diplomatic identity cards is to protect missions of foreign states and representations of international organizations, international organizations and institutions established by international agreement and their staff and to keep records of the issue of diplomatic identity cards in order to ensure the effective performance of the functions of diplomatic representations which represent the states.

(3¹) For the purposes specified in subsection 3 of this section, the following personal data may be processed:

1) general data of the applicant, vital statistics data, data of the identity document and employment data;

2) general data of a family member of an employee of the mission and data of a travel document or identity document;

3) general data and employment data of the database user.

(4) The controller of the databases is the Ministry of Foreign Affairs.

(5) The statutes of the databases specified in this section provide the composition of the data collected in the databases and the procedure for entering them into the databases, the procedure for obtaining access to and issuing the data, the terms for preserving the data and other organizational issues.

(6) Biometric data processed for the purpose of identification of a person or verification of a person's identity shall be deleted from the database immediately after the performance of the comparative study.

(7) The data of the holder of a diplomatic passport entered in the diplomatic passport database is preserved for 50 years as of the end of the operations. After the expiry of the preservation period, the data are deleted.

(8) The data of the holder of a diplomatic identity card entered in the diplomatic identity card database are preserved for ten years as of the end of the operations related to the person. After the expiry of the preservation period, the data is deleted.

§ 15⁴. ABIS database

(1) The ABIS database is an electronic database the purpose of which, within the meaning of this Act, is to process biometric data taken for identification of a person and verification of a person's identity in the procedures provided for in subsection 4 of § 15 of this Act and in the procedures for the issue of a diplomatic passport.

(2) Data entered in the ABIS database on the basis of the Citizenship Act, Consular Act, Code of Criminal Procedure, Imprisonment Act, Act on Granting International Protection to Foreign Nationals, Foreign Nationals Act, Obligation to Leave and Prohibition on Entry Act and Code of Misdemeanour Procedure may be processed for the identification of a person and verification of a person's identity in the proceedings provided for in this Act.

(3) Data entered in the ABIS database on the basis of the Acts specified in subsection 2 of this section may be processed for the identification of a person and verification of a person's identity for the purposes of ensuring public order and national security only if the person cannot be identified or a person's identity verified on the basis of data entered in the ABIS database.

(4) The ABIS database shall be founded and its statutes established by a regulation of the Government of the Republic.

(5) The controllers of the ABIS database are the Police and Border Guard Board and the Ministry of Foreign Affairs.

(6) The procedure for maintaining the ABIS database is provided in the statutes of the ABIS database, including:

1) data providers and data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of the controller;

5) the processor and their tasks;

6) the procedure for granting access to data and issuing data;

7) more detailed time limits for data retention;

8) other organizational issues.

(6¹) Data entered into the ABIS database on the basis of this Act are retained for a maximum of 75 years as of the date of entry into the ABIS database. More detailed time limits for data retention are provided in the statutes of the ABIS database.

(7) The data contained in the ABIS database are subject to restrictions on access and have been recognized as information for internal use.

§ 15⁵. Processing of data entered in ABIS database

(1) For the purposes of this Act, identity data are biometric and biographical data of a person according to which it is possible to identify the person or verify the person's identity.

(2) Identification of a person is a procedure in the course of which a person is identified.

(3) Verification of a person's identity is a procedure in the course of which it is established that a person is who the person is presumed to be.

(4) In the course of identification of a person, the person's identity data are compared with several data sets in the ABIS database.

(5) In the course of verification of a person's identity, the person's identity data shall be compared with the identity data concerning the person previously entered in the ABIS database.

(6) Data entered in the ABIS database may be processed for the identification of a person, if it is provided by law, in the following cases:

1) the person's identity is unknown;

2) there are doubts about the person's identity;

3) there are grounds to suspect that the person uses the identity data of several persons;

4) the verification of the identity of the person pursuant to subsection 5 of this section fails;

5) in other cases provided by law.

(7) Data entered in the ABIS database may be processed for the purpose of verifying a person's identity upon the performance of public functions arising from the law and in other cases provided by law.

§ 16. Validity of a document

(1) A document is valid if it complies with the following requirements:

1) the document is issued and data are entered in the document legitimately by a competent authority;

2) the document has not expired;

3) the document is usable and enables identification of the entries entered therein and the correctness thereof and verify the identity of the holder of the document;

4) the document is integral and is not spoiled.

(2) In case a document is not in compliance with the requirements provided in clauses 3 and 4 of subsection 1 of this section due to the issuer of the document, a new document with the same validity period is issued to the user of the document.

(3) The Police and Border Guard Board may collect biometric data from the user of the document for the purpose of issuing a new document based on subsection 2 of this section in case:

1) the biometric data collected for the purpose of issuing an existing document that is not in compliance with the requirements cannot be processed or

2) the user of the document wishes to provide the biometric data again.

§ 17. Seizure of a document for verification

(1) In the case of justified doubt, the Police and Border Guard Board and the Estonian Internal Security Service may seize a document for verification of the validity thereof.

(2) Subsection 1 of this section also applies to a document not provided for in this Act. A document held by a foreign national or a travel document issued by a foreign state may also be seized in order to verify the legality of a foreign national to stay in the state and to verify the authenticity of a residence permit or visa entered therein.

(3) The authority seizing a document for verification shall:

1) immediately issue a certificate to the holder concerning the seizure of the document for verification;

2) explain to the holder of the document his or her rights to contest the seizure of the document for verification;

3) verify the validity of the document or forward the document to the issuer of the document for verification of its validity.

(3¹) Subsection 3 of this section does not apply if the validity of the document is immediately verified on site.

(3²) The certificate specified in clause 1 of subsection 3 of this section is not issued in case the user of the document submits the document to the issuer of the document for verification of its validity.

(4) The standard format of a certificate of seizure of a document for verification shall be established by a regulation of the minister in charge of the policy sector.

§ 18. Verification of a document

(1) A document that, upon verification, proves to be valid shall be returned to the holder thereof.

(2) If, upon verification, a basis for the revocation of a document becomes evident, the document shall not be returned. An applicant shall be informed of the invalidity of the document without delay.

(3) If, upon verification of a travel document issued by a foreign state, bases for the revocation thereof become evident, the document shall be forwarded to a competent administrative authority of the foreign state or international organisation. The decision shall be made known to the holder of the document.

(4) If, upon verification of a document held by a foreign national, data concerning a residence permit or visa which have been unlawfully entered therein are detected, the data shall be annulled pursuant to the established procedure and the document shall be returned to the holder.

(5) A document shall be returned or revoked without undue delay.

§ 18¹. Verification of identity of a holder of a document

(1) Upon verification of the identity of the holder of a document the holder of a document shall be identified by means of comparing the data entered in the document with the person. Upon verification of the identity the biometric data taken from the holder of a document may be compared with the biometric data entered in the document.

(1¹) In case the service provider verifies the identity of the document user upon their personal appearance at the seat of the service provider by comparing the holder of the document with the document data obtained from the database of identity documents by means of a verification request mediated by the mobile application of the Estonian information gateway specified in subsection 1 of the Public Information Act, this is equivalent to verifying the identity in accordance with subsection 1 of this section.

(1²) Subsection 1¹ of this section is not applied to the application for and issue of a document.

(2) The digital verification of the identity of the holder of a document is carried out through the certificate enabling digital identification.

(3) Upon provision of public services electronically there is a right to require the use of certificate enabling digital identification and digital signing entered in an identity card, a residence permit card or a digital identity card issued pursuant to this Act. If a person refuses to use the certificate enabling digital identification or digital signing, the provision of the public service to him or her may be refused.

§ 19¹. Digital data to be entered on identity card

(1) A certificate that enables digital identification and a certificate that enables digital signing shall be entered on an identity card. The list of other digital data to be entered on an identity card shall be approved by the minister in charge of the policy sector, taking account of the provisions of subsection 3 of § 9 of this Act.

(1¹) The certificates specified in subsection 1 of this section are issued with the same term of validity as the identity card on which they are entered.

§ 20¹. Concept of digital identity card and basis of issue

(1) A digital identity card is a digital document.

§ 20². Digital data to be entered on digital identity card

(1) Data enabling digital identification and data enabling digital signing shall be entered on the digital identity card. The list of data to be entered on the digital identity card shall be approved by the minister in charge of the policy sector, taking account of the provisions of subsection 3 of § 9 of this Act.

(2) The certificates specified in subsection 1 of this section shall be issued with the same period of validity as that of the digital identity card on which they are entered.

§ 20³. Period of validity of digital identity card

(1) A digital identity card shall be issued with a period of validity of up to five years.

(2) A digital identity card in a mobile-ID format is issued with the period of validity of up to five years.

§ 20⁴. Specification of issue and expiry of digital identity card in mobile-ID format

(1) A digital identity card in a mobile-ID form is a digital identity card the certificates of which enabling digital identification and digital signing are connected to the SIM-card or an eSIM-card of the mobile phone.

(1¹) A digital identity card in a mobile-ID form is issued to an Estonian citizen and a foreigner who has a valid document specified in clauses 1–8 of subsection 2 of § 2 of this Act.

(2) A digital identity card in a mobile-ID form cannot be applied for through a representative and it is not issued to a representative. A digital identity card in a mobile-ID form is applied for by a minor between 7 and 17 years of age and a person with limited legal capacity together with a legal representative.

(3) For receiving a digital identity card in a mobile-ID format a person need not address the issuer of the document in person.

(4¹) A digital identity card in a mobile-ID format shall expire if the person does not have a valid contract of use of a digital identity card in a mobile-ID format with the mobile operator.

(5) The notification obligation specified in subsection 2 of § 14 of this Act shall be deemed to be fulfilled with regard to a digital identity card in a mobile-ID format also in the case when the holder of the document notifies the mobile operator with whom he or she holds a contract of use of the mobile-ID, instead of the issuer of the document.

(7) The mobile operator is required to coordinate the technical solution of the digital identity card in a mobile-ID format before the commencement of use thereof with the State Agency for Information Systems, who shall ask for the position of the Police and Border Guard Board and the provider of the certification service in the course of the proceedings.

§ 20⁵. E-resident's digital identity card

(1) An e-resident’s digital identity card for the purposes of this Act is a digital document issued to a foreign citizen who does not have a valid document specified in clause 1 or 1² of subsection 2 of § 2 of this Act and who does not apply for it at the same time as the e-resident’s digital identity card.

(2) The objective of the issue of an e-resident's digital identity card is to promote the development of the Estonian economy, science, education or culture by providing access to e-services with the Estonian digital document.

§ 20⁶. Conditions for issue and revocation of e-resident's digital identity card

(1¹) An application for an e-resident’s digital identity card is returned without review in case the applicant is a citizen of a country with a higher risk of money laundering or terrorist financing or with which Estonia does not have a judicial, security or law enforcement cooperation relationship, unless the specifications established on the basis of subsection 1² of this section are applied to the applicant.

(1²) The list of countries specified in subsection 1¹ of this section and the specifications for issuing an e-resident’s digital identity card to their citizens is established by a regulation of the minister in charge of the policy sector.

(1³) The minister in charge of the policy sector coordinates the draft regulation specified in subsection 1² of this section with the Ministry of Foreign Affairs.

(2) The issue of an e-resident's digital identity card shall be refused if:

1) the person poses a threat to public order or national security;

2) an e-resident's digital identity card is applied for an economic activity and there is a basis for prohibition on economic activities;

3) a person is not clearly identified or there is a reason to doubt the true identity thereof.

(3) The issue of e-resident's digital identity card may be refused if:

1) there is a circumstance constituting a basis for refusal to issue visa or temporary residence permit or for application of prohibition on entry;

2) the issue of the document does not comply with the objective specified in subsection 2 of § 20⁵ of this Act.

(4) The e-resident's digital identity card may be revoked if a basis becomes evident for refusal to issue the e -resident's digital identity card specified in subsection 2 or 3 of this section.

§ 20⁷. Proceeding of issue and revocation of e-resident's digital identity card

(1) A person applying for the issue of an e-resident's digital identity card or an e-resident is required to provide certification or substantiate the facts which constitute the basis for the issue of the e-resident's digital identity card. The circumstances that are known to the administrative body or well-known need not be certified and substantiated.

(1¹) An application for an e-resident’s digital identity card is submitted in person at the self-service of the Police and Border Guard Board.

(2) The application of a person for the issue of an e-resident's digital identity card may be denied if the person has previously been refused the issue of an e-resident's digital identity card and the person does not prove that circumstances have changed.

(3) The right of a participant in a proceeding and another person to examine the relevant documents or file in the course of the procedure for the issue or revocation of an electronic identity card of an e-resident and after the entry into force of the decision may be restricted in case it may:

1) to prevent or damage the prevention, detection, processing or execution of a punishment;

2) damage the rights and freedoms of another person;

3) endanger the security of the Republic of Estonia, another Member State of the European Union, a Member State of the Schengen Convention or a Member of the North Atlantic Treaty Organization;

4) jeopardize the protection of public order.

(3¹) The restriction of publication of the information specified in subsection 3 of this section shall apply to the following rights of a participant in proceedings and another person:

1) obtain information about the processing of his or her personal data, including which personal data are processed, as well as the manner, method, purpose, legal basis, scope or reason for the processing;

2) to know the recipients of his or her personal data and the categories of personal data to be disclosed and whether his or her personal data are transferred to a foreign state or international organization;

3) to demand that the processing of his or her personal data be restricted;

4) to object to the processing of his or her personal data;

5) to find out about a personal data breach.

(3²) The restriction of publication of the information specified in subsection 3 of this section may also be applied to data obtained from a foreign state or an international organization.

(4) The notice on refusal to issue or revocation of the e-resident's digital identity card sets out the requisite information specified in subsection 4 of § 55 and subsection 1 of § 57 of the Administrative Procedure Act and the legal basis arising from subsection 2 or 3 of § 20⁶ of this Act.

(5) Upon solving a challenge filed against the decision on the refusal to issue or revocation of the e-resident's digital identity card the circumstances or evidence on which the challenged administrative act is based are not stated in the decision on the appeal.

§ 20⁸. Exercise of state supervision

(1) The state supervision over the use of an e-resident's digital identity card is exercised within the limits of their competence by:

1) the Police and Border Guard Board;

2) the Estonian Internal Security Service;

3) the Financial Intelligence Unit;

4) the Tax and Customs Board.

(2) The law enforcement agencies specified in subsection 1 of this section are competent to apply special measures of state supervision provided for in §§ 30 and 31 of the Law Enforcement Act under the conditions and pursuant to the procedure provided by the Law Enforcement Act. The Estonian Internal Security Service may apply the provisions on the processing of personal data in the Security Authorities Act for the purpose of exercising state supervision provided for in this Act.

(2¹) The Financial Intelligence Unit may process data collected in the procedure for issuing an e-resident's digital identity card and data on the use of an e-resident's digital identity card during state supervision in order to perform the task provided in clause 1 of subsection 1 of § 54 of the Money Laundering and Terrorist Financing Prevention Act.

(3) In case any other administrative body or service provider has, within the framework of their duties, collected information which may constitute a basis for revocation of the e-resident's digital identity card, the administrative body or service provider is required to forward this information to the Police and Border Guard Board.

§ 20⁹. Identification of person and verification of identity of e-resident

Provisions of §§ 24–28, 270, 271 and subsections 1 and 2 of § 272 of the Foreign Nationals Act shall be applied to identification of person and verification of identity of an applicant for the issue of an e-resident's digital identity card or an e-resident.

§ 20¹⁰. Provision of service to e-resident

(1) A public or private service provider may decide on the provision of service to an e-resident with a digital identity card or the refusal thereof, restrict the provision of service or the availability of such service as to the content, scope and number of persons with access thereto or establish additional requirements for access to service, including request submission of additional data and documents or personal appearance at the location of the service provider.

(2) A public service provider may impose restrictions specified in subsection 1 of this section in the following cases:

1) to ensure the purposeful use of e -resident's digital identity card, including the prevention of offences;

2) to ensure the operation of the service or safe use thereof.

(3) Where the provision of public service primarily consists of the submission of data to the database or the processing of the data in the database, the restrictions specified in subsection 1 of this section shall be imposed by the controller of the database.

(4) Where the provision of public service is broader than the submission of data to the database or the processing of the data therein, the restrictions on the provision of service specified in subsection 1 of this section shall be imposed by the head of the competent authority or a person authorised thereby.

§ 20¹¹. Issue of e-resident's digital identity card in case of substantial public interest

(1) In case of substantial public interest the Police and Border Guard Board may issue an e-resident's digital identity card on the basis of the decision of the Minister of the Interior.

(2) In the case specified in subsection 1 of this section an e-resident's digital identity card may be issued without an application from the person and without the data and documents to be added thereto if the data to be entered into the document are known to the Police and Border Guard Board.

(3) The Police and Border Guard Board may transfer an e-resident's digital identity card issued in the case of substantial public interest to a public agency or person for the issue thereof.

(4) The justified decision specified in subsection 1 of this section on the issue of an e-resident's digital identity card in case of substantial public interest shall be made by a directive of the Minister of the Interior.

§ 20¹². Specifications of identification and verification of identity of applicant for e-resident’s digital identity card

(1) The applicant for an e-resident’s digital identity card appear in person for the purpose of identification or verification of the identity at the seat of the issuer of the identity card or at an Estonian foreign mission in the procedure for issuing the identity card or upon issue of the identity card.

(1¹) In case the applicant for an e-resident’s digital identity card is under 15 years of age, they appear in person together with a legal representative for the purpose of identification or verification of the identity at the seat of the issuer of the identity card or at an Estonian foreign mission in the procedure for issuing the identity card or upon issue of the identity card.

(2) In order to prevent misuse of the e-resident's digital identity card and to protect the rights and interests of the e-resident, the issuer may require the e-resident to appear in person at the seat of the issuer or at an Estonian foreign mission.

§ 20¹³. Basis for issue of diplomatic identity card

A diplomatic identity card is an identity card which is issued to:

1) a foreign national who is a diplomat accredited to Estonia and a member of the administrative and support staff of a diplomatic representation and consular post of a foreign state (hereinafter in this Chapter foreign representation) and his or her family member who is a foreign national, a foreign national who is a domestic helper and a honorary consul, a foreign national who is an employee of a representation of an international organisation and an international organisation located in Estonia and of other institution established by international agreement (hereinafter in this Chapter other institution) and his or her family member who is a foreign national.

2) an Estonian citizen or permanent resident who is employed by a foreign representation.

§ 20¹⁴. Digital data entered in diplomatic identity card

(1) A certificate enabling digital identification and a certificate enabling digital signing shall be entered in a diplomatic identity card. The list of other digital data entered in the diplomatic identity card shall be approved by a regulation of the minister in charge of the policy sector, taking account of the provisions of subsection 3 of § 9 of this Act.

(2) The certificates specified in subsection 1 of this section shall be issued with the same period of validity as the diplomatic identity card in which they are entered.

§ 20¹⁵. Specification of application for issue of diplomatic identity card, identification of applicant and issue of document

(1) An application for a diplomatic identity card shall be submitted to the Ministry of Foreign Affairs by means of a diplomatic note or letter of support by a foreign representation or other institution.

(2) The identity of the applicant is established by the document issuer upon issue of the document based on a valid travel document issued by a foreign state or a valid document provided in subsection 2 of § 2 of this Act.

(3) Fingerprints are not taken form an applicant for a diplomatic identity card.

(4) An applicant for a diplomatic identity card appears in person at the seat of the issuer for issue thereof. A diplomatic identity card of an adult person under 15 years of age or with limited legal capacity is issued to their legal representative. A diplomatic identity card of a person aged 15–17 may be issued to their legal representative.

§ 20¹⁶. Period of validity of diplomatic identity card

(1) A diplomatic identity card is issued with the period of validity of up to five years.

(2) The procedure for the issue, revocation and return of a diplomatic identity card, the series, terms of validity, format, technical specification of the diplomatic identity card and the list data entered in the document shall be established by a regulation of the minister in charge of the policy sector.

§ 21. Estonian citizen's passport

(1) Estonian citizen's passports shall be issued to an Estonian citizen for crossing the state border.

(3) A second Estonian citizen's passport (additional passport) may be issued in addition to a previously issued valid Estonian citizen's passport to an Estonian citizen who proves the existence of a justified personal or work-related need.

§ 21¹. Estonian citizen's passport without fingerprint images

(1) If an Estonian citizen has been previously issued the Estonian citizen's passport or identity card and he or she is staying in a foreign state where there is no the Estonian foreign representation or where it is disproportionately burdensome for the applicant to turn to the Estonian representation, he or she may be issued the Estonian passport without fingerprint images with the period of validity of up to one year.

(2) The application for the issue of the Estonian citizen's passport under the conditions specified in subsection 1 of this section may be submitted to the Police and Border Guard Board by mail or through the representative.

(3) In the course of applying for the Estonian citizen's passport to be issued under the conditions specified in subsection 1 of this section the applicant shall not undergo fingerprinting.

(4) Under the conditions provided for in subsection 1 of this section the Estonian citizen's passport may only be issued for two consecutive times.

§ 22. Diplomatic passport

(1) A diplomatic passport shall be issued to:

1) the President of the Republic;

2) the family members of the President of the Republic;

3) a former President of the Republic and their spouse or registered partner.

(2) For the performance of functions in a foreign state, a diplomatic passport shall be issued to the following Estonian citizen:

1) the Chairman and Deputy Chairmen of the Riigikogu;

2) a member of the Riigikogu if he or she is a member of a state delegation or represents the state as an official;

2¹) a member of the European Parliament;

3) a member of the Government of the Republic;

4) the State Secretary;

5) the Chief Justice of the Supreme Court;

6) the Chancellor of Justice;

7) the Auditor General;

8) a specialised diplomat;

9) a career diplomat and in case of a justified need a career diplomat candidate;

9¹) to an official working in a non-diplomatic post in the Ministry of Foreign Affairs and an employee of the Ministry of Foreign Affairs if there is a justified need to do so;

10) the President of Eesti Pank;

11) the Commander-in-Chief of the Defence Forces;

12) a diplomatic courier in order to deliver diplomatic mail.

(3) The minister in charge of the policy sector may decide on the issue of a diplomatic passport also to another Estonian citizen if this is necessary for the performance of the functions of the state and is in compliance with international custom.

(4) For the purposes of this section, a family member means a spouse, registered partner and a minor child, and an adult child acquiring basic or secondary education or an adult child incapacitated for work in need of assistance.

(4¹) A diplomatic passport is granted to a family member of a diplomat or a career diplomat candidate serving at a representation of the Republic of Estonia if the family member is an Estonian citizen and accompanies the diplomat in the assignments abroad. In the case of a justified need, the Ministry of Foreign Affairs may issue a diplomatic passport to a family member of a diplomat or a career diplomat candidate who does not accompany the diplomat in the assignment abroad.

(5) The persons specified in subsections 2, 3 and 4¹ are required to return the diplomatic passports to the authority on whose proposal the diplomatic passport was issued within one month as of the date on which the basis for the issue thereof has ceased to exist.

(5⁶) The authority specified in subsection 5 is required to immediately forward the diplomatic passport to the Ministry of Foreign Affairs.

(5⁷) If the person specified in subsections 2, 3 and 4¹ wishes to keep the diplomatic passport that is revoked or has expired in his or her possession, the authority to which the diplomatic passport is returned shall give it to the person after making it unusable.

(5⁸) If the diplomatic passport that has been made unusable has been left in the possession of the person at his or her request, the authority to which the document was returned shall compile a notice and forward it to the Ministry of Foreign Affairs. The Government of the Republic may establish by a regulation a procedure for making a diplomatic passport unusable and for the notification of the Ministry of Foreign Affairs thereof, and the list of the data to be set out in the notice of giving the diplomatic passport in the possession of the person and the format of the notice.

(5⁹) Should the person specified in subsections 2, 3 and 4¹ not return the diplomatic passport within one month as of the date when the basis has ceased to exist for the issue thereof, then the authority on whose proposal the diplomatic passport was issued is required to notify the Ministry of Foreign Affairs thereof in writing on the next working day.

(5¹⁰) Upon receipt of the notice specified in subsection 5⁹ the Ministry of Foreign Affairs shall revoke the diplomatic passport immediately.

(5¹¹) The authority specified in subsection 5 is required to ensure the purposeful use of the diplomatic passport.

(6) If necessary, the Ministry of Foreign Affairs may issue an additional diplomatic passport.

§ 23. Seafarer's discharge book

A seafarer who is an Estonian citizen shall be issued a seafarer’s discharge book which complies with the requirements of the “Convention concerning Seafarers’ National Identity Documents” of the International Labour Organisation (ILO).

§ 24. Period of validity of Estonian citizen's travel document

(1) An Estonian passport shall be issued with a period of validity of up to ten years.

(2¹) An Estonian citizen who is under 15 years of age shall be issued the Estonian passport with a period of validity of up to five years.

(3) An additional passport shall be issued with a period of validity of up to ten years, but for not longer than the period of validity of the previously issued Estonian citizen's passport

(4) A diplomatic passport shall be issued with a period of validity of up to:

1) ten years to the President of the Republic and their spouse or registered partner;

2) five years to a minor child of the President of the Republic, but for not longer than until he or she becomes an adult;

3) ten years to a former President of the Republic and their spouse or registered partner;

4) four years and six months to a member of the Riigikogu, a member of the Government of the Republic and the State Secretary, taking into account that the period of validity of a diplomatic passport cannot be longer than six months as of the termination of his or her powers.

4¹) five years and six months to a member of the European Parliament but not for longer than six months as of the day of termination of his or her powers;

5) ten years to the Chief Justice of the Supreme Court, but not for longer than until the termination of his or her authority;

6) seven years to the Chancellor of Justice, but not for longer than until the termination of his or her authority;

7) five years to the Auditor General, but not for longer than until the termination of his or her authority;

8) ten years to a diplomat;

9) five years to the President of Eesti Pank, but not for longer than until the termination of his or her authority;

10) five years to the Commander-in-Chief of the Defence Forces, but not for longer than until the termination of his or her authority;

11) five years to a person specified in subsection 3 of § 22 of this Act;

12) five years to a non-staff official in the service of the Ministry of Foreign Affairs and a family member who accompanies him or her on an assignment abroad, but not for longer than six months after the termination of the assignment abroad of the non-staff official;

13) five years to a family member of a diplomat who accompanies him or her on an assignment abroad, but not for longer than six months after the end of the assignment abroad of the diplomat;

14) five years to a diplomatic courier;

15) five years to a person specified in clause 9¹ of subsection 2 of § 22 of this Act.

(4¹) An additional diplomatic passport is issued with a period of validity of up to ten years, but for not longer than the period of validity of the previously issued diplomatic passport.

(5) A seafarer's discharge book shall be issued with a period of validity of up to five years.

§ 25. Scope of application of a travel document

(1) An Estonian citizen’s or a foreign national’s travel document shall have unlimited scope of application.

(2) The issuer of the travel document, on the proposal of a prosecutor, may restrict the scope of validity of the application of the travel document in case a preventive measure in the form of a signed undertaking not to leave the place of residence, or personal surety or security is imposed on the holder of the document in a criminal matter.

(3) In the cases prescribed in a treaty the scope of application of a travel document may be restricted.

(4) A travel document issued by the Republic of Estonia to a foreign national who has received a residence permit pursuant to the Act on Granting International Protection to Foreign Nationals is not valid in his or her country of nationality or country of permanent residence.

(5) Upon restriction of the scope of application of a travel document, a corresponding notation shall be made in the travel document.

§ 26. Status of foreign national's passport

(1) A foreign national's passport is a travel document issued to a foreign national by the Republic of Estonia.

(2) A foreign national's passport does not grant the holder thereof the right to protection by a foreign mission of Estonia unless otherwise provided by law or an international agreement.

§ 27. Basis for issue of foreign national's passport

(1) A foreign national's passport shall be issued to a foreign national who holds a valid residence permit or has a right of residence in Estonia if it is proved that the foreign national does not hold a travel document issued by a foreign state and that it is not possible for him or her to obtain a travel document issued by a foreign state.

(3) For issue of a foreign national's passport to a foreign citizen, the foreign national must submit the consent of the competent authority of the state of their citizenship for issue of the foreign national's passport thereto.

(4) The consent of the competent authority of the state of their citizenship provided in subsection 3 of this section need not be submitted by a foreign citizen who is a beneficiary of subsidiary protection for the purposes of subsection 3 of § 4 of the Act on Granting International Protection to Foreign Nationals.

§ 28. Period of validity of foreign national's passport

(1) A foreign national's passport shall be issued with a period of validity of up to ten years; thereby the period of validity shall not exceed the period of validity of the residence permit issued or the right of residence granted to the foreign national.

§ 29. Status and basis for issue of temporary travel document

(1) A temporary travel document is a travel document issued by the Republic of Estonia to a foreign national staying in Estonia for departure from and return to Estonia.

(2) A temporary travel document may be issued to a foreign national who departs or is obliged to depart from Estonia without the right of return if he or she does not hold a valid travel document or a certificate of return issued by a foreign state.

(3) A temporary travel document for a single departure from and return to Estonia may be issued to a foreign national legally residing in Estonia if he or she does not hold a valid travel document and does not have the right to receive a foreign national's passport.

(4) A temporary travel document does not grant the holder thereof the right to protection by a foreign mission of Estonia unless otherwise provided by law or a treaty.

§ 30. Period of validity of temporary travel document

A temporary travel document shall be issued with a period of validity of up to two years.

§ 31. Status and basis for issue of travel document for refugee

(1) The travel document for a refugee is issued to a foreign national who has the refugee status in Estonia.

(2) The travel document for a refugee does not grant its holder the right to protection by an Estonian foreign mission, unless otherwise provided by law or an international agreement.

§ 32. Period of validity of travel document for refugee

(1) A travel document for a refugee shall be issued with a period of validity of up to five years and the period of validity shall not exceed the period of validity of the residence permit issued to the refugee.

§ 33. Status and basis for issue of certificate of record of service on ships

(1) A certificate of record of service on ships is a travel document issued to a foreign national by the Republic of Estonia.

(2) A seafarer who is a foreign national and who holds a residence permit or has a right of residence in Estonia shall, on the basis of his or her application, be issued a certificate of record of service on ships which complies with the requirements of the “Convention concerning Seafarers’ National Identity Documents” of the International Labour Organisation (ILO).

§ 34. Period of validity of certificate of record of service on ships

A certificate of record of service on ships shall be issued with a period of validity of up to five years and the period of validity shall not exceed the period of validity of the residence permit issued to the foreign national.

§ 34². Digital data entered on residence permit card

(1) A certificate that enables digital identification and a certificate that enables digital signing shall be entered on the residence permit card. The list of other digital data entered on a residence permit card shall be established by a regulation of the minister in charge of the policy sector, taking account of the provisions of subsection 3 of § 9 of this Act.

(2) The certificates specified in subsection 1 of this section are issued with the same term of validity as the residence permit card in which they are entered.

§ 36⁴. Issue of EU certificate of return

(1) An EU certificate of return is issued upon application for return to the Member State of citizenship or residence or, in exceptional cases, to another destination in case the person's travel document has been lost, stolen or destroyed, or in case the person is unable to obtain it for another reason within a reasonable period of time, and the person is:

1) an Estonian citizen, or

2) an unrepresented citizen of the European Union.

(2) An EU certificate of return is issued upon application for return to Estonia to a foreign national:

1) who resides in Estonia based on a residence permit and whose foreign national's passport, temporary travel document or refugee travel document has been lost, stolen or destroyed while staying in a foreign country, or in case it is not possible to obtain within a reasonable period for any other reason;

2) who is taken back by the Republic of Estonia based on an international agreement.

(2¹) Fingerprints are not taken from an applicant for an EU certificate of return.

(3) A child under one year of age born in a foreign country to an Estonian citizen, an unrepresented citizen of the European Union and a foreigner residing in Estonia on the basis of a residence permit is issued an EU certificate of return on the basis of a birth certificate.

(4) An Estonian citizen who does not have a valid Estonian document may be issued an EU certificate of return in case the issue of the document is in the public interest. In such case, the person does not need to apply for the issue of the document.

(5) A citizen of a Member State of the European Union, including Estonia, is unrepresented in case their country of citizenship does not have a representation in a third country or in the European Union, or in case the representation or honorary consul located there is not able to issue a return document in the specific case.

(6) Upon issuing an EU certificate of return personal data are processed in the database of official acts and diplomatic passports of the consular officer.

(7) A copy or scan is made of the EU certificate of return, which is:

1) stored in the database of official acts and diplomatic passports of the consular officer;

2) forwarded, in the case of a person specified in clause 2 of subsection 1 of this section, to the competent authority of the Member State of their citizenship.

§ 36⁵. Validity of EU certificate of return

(1) An EU certificate of return is issued for a single journey with a period of validity of up to 15 calendar days. In exceptional circumstances, the period of validity of the EU certificate of return may be longer.

(2) The period of validity of an EU certificate of return issued to a person specified in clause 1 of subsection 2 of § 36⁴ of this Act must not exceed the period of validity of the foreign national's residence permit.

§ 36⁶. Consultation procedure

(1) In the procedure for the issue of an EU certificate of return, the consultation procedure is the consultation of the Member State that has received the application for an EU certificate of return (hereinafter the assisting Member State) with the Member State of which the applicant claims to be a citizen (hereinafter the Member State of citizenship) in order to verify the citizenship and identity of the applicant who is an unrepresented EU citizen.

(2) In the consultation procedure that the assisting Member State carries out upon processing an application for an EU certificate of return of an Estonian citizen, the Ministry of Foreign Affairs is in charge.

(3) The procedure and time limits for the consultation procedure are established by a regulation of the minister in charge of the policy sector.

(4) In exceptional cases and where justified and provided that all available means of communication with the Member State of citizenship have been tried, an unrepresented EU citizen may be issued an EU certificate of return without a consultation procedure. The Member State of citizenship is notified in writing immediately of the issue of the EU certificate of return and of the data entered thereon.

§ 36⁷. Specifications of refusal to issue EU certificate of return

(1) In addition to the grounds for refusal to issue a document specified in § 12 of this Act, the issue of an EU certificate of return is also refused in case:

1) the document attached to the application for an EU certificate of return is forged or contains incorrect information;

2) the applicant has an application with the same content pending;

3) the Member State of citizenship is opposed in the consultation procedure to the issue of an EU certificate of return to its citizen.

(2) The decision to refuse to issue an EU certificate of return and the reasons therefor are notified to the applicant no later than on the working day following the adoption of the decision, using the contact details provided in the application.

§ 36⁸. Return of EU certificate of return

(1) The user of an EU certificate of return certificate returns the EU certificate of return, regardless of whether the document has expired or not, immediately after arriving in Estonia to the Police and Border Guard Board, which forwards it to the Ministry of Foreign Affairs.

(2) The Ministry of Foreign Affairs destroys the returned EU certificate of return and its copy immediately.

(3) In order to keep records of returned EU certificates of return and to streamline the procedure for issuing EU certificate of return, the Ministry of Foreign Affairs may process the data of the returned EU certificates of return, including personal data, in the database of consular official acts and diplomatic passports.

§ 37. Information concerning documents issued on basis of this Act

Information concerning documents issued on the basis of this Act shall be entered in the population register pursuant to the Population Register Act. Information concerning documents of foreign nationals illegally staying in Estonia shall be processed pursuant to the procedure provided by a regulation of the minister in charge of the policy sector, established on the basis of the Obligation to Leave and Prohibition on Entry Act.

§ 38. Validity of previously issued documents

(1) An Estonian citizen's passport, a diplomatic passport and a seafarer's discharge book issued pursuant to the Estonian Citizens Identity and Citizenship Documents Act are valid until the date of expiry thereof, and the provisions of this Act apply thereto.

(2) A foreign national's passport issued pursuant to the Foreign Nationals Act is valid until the date of expiry thereof, and the provisions of this Act apply thereto.

(3) A temporary travel document issued pursuant to the Temporary Travel Documents Act is valid until the date of expiry thereof, and the provisions of this Act apply thereto.

(4) The validity of a document shall not depend on changes in the standard format and technical description of a document and the list of data to be entered in a document, unless otherwise provided by law or legislation of general application established on the basis thereof.

§ 39. Implementation of § 5 and § 6 of this Act

Sections 5 and 6 of this Act are implemented as of 1 January 2002.

§ 40. Commencement of issue of identity card and of refugee travel document

The Government of the Republic shall determine the term for the commencement of the issue of an identity card and of a refugee travel document within one year as of the entry into force of this Act, taking into account the provision of § 39 of this Act.

§ 40¹. Dates for commencement of use of biometric data in documents

(1) The date for commencement of use of fingerprint images in identity documents shall be decided by a regulation of the Government of the Republic.

(2) The date of implementation of the personal appearance requirement provided in subsections 2–5 of § 11⁴ of this Act shall be decided by a regulation of the Government of the Republic. Until such date, the personal appearance of an applicant for a document is mandatory upon submission of the application for the document only if the applicant has not been issued a document provided by this Act before. Until the corresponding date, fingerprinting shall not be applied in the procedure for the issue of identity documents.

(4) The date of implementation of § 11⁵ of this Act shall be decided by a regulation of the Government of the Republic.

§ 40². Specification of commencement of use of documents containing biometric data

(1) If the state of health of an applicant for a document who is staying in Estonia has rendered the applicant permanently unable to personally address the competent authority in order to submit an application for the issue of a document then until the date of commencement of the fingerprinting of the applicant for a document, an employee duly authorised by the head of the rural municipality or city government or a social welfare institution may forward, after verification of the identity of the person, the person's application for the issue of a document with the written consent of the applicant.

(2) The applicant is required to provide certification of the circumstances specified in subsection 1 of this section. Confirmation by the rural municipality or city government or a social welfare institution that the state of health of the applicant for a document has rendered the applicant permanently unable to personally address the competent authority shall be appended to the application.

(3) Until the date of commencement of the fingerprinting of an applicant for a document, a prison officer duly authorised by the director of the corresponding prison may forward, after verification of the identity of the person, the application for issue of a document by a person imprisoned in Estonia, provided that the application is justified, the person needs the document during his or her stay in prison and the person has no possibility to personally address the authority competent to issue the document.

(4) Until the date of commencement of the fingerprinting of an applicant for a document, a person under 15 years of age or an adult with restricted active legal capacity is not required to address the authority competent to issue a document or a consular agent of Estonia in person in order to submit an application for the issue of a document containing biometric data if his or her legal representative has been issued the document provided for in subsection 4 of § 15 of this Act.

(5) Until the date of commencement of the fingerprinting of an applicant for a document, upon application of a document containing biometric data a legal representative of a person specified in subsection 4 of this section is not required to address the authority competent to issue the document or a consular agent of Estonia in person in order to submit an application for a document if the legal representative has been issued a document specified in subsection 4 of § 15 of this Act or he or she has a valid residence permit in Estonia.

§ 40³. Commencement of issue of digital identity card

The date for commencement of the issue of a digital identity card shall be established by the government of the Republic, taking into account that the issue of a digital identity card is commenced on 1 October 2010 at the latest.

§ 40⁴. Commencement of issue of residence permit card

(1) The issue of residence permit cards is commenced on 1 January 2011.

(2) An identity card issued to a third-country national before 1 January 2011 shall be valid until the expiry of the document and the provisions with regard to the residence permit card apply thereto.

(3) If a third-country national submits an application for the issue of an identity card before 1 January 2011 but the decision on the issue of the document is made later than the specified term, then, on the basis of the application referred to, a residence permit card may be issued to a third-country national without fingerprint images until 20 May 2012.

(4) Upon the issue of a residence permit card the identity card, issued to a third-country national before, shall be revoked. Upon the issue of a residence permit card the holder of the document is required to submit the identity card that was issued before, except in the case the document has got lost or destroyed.

§ 40⁵. Competence to conclude agreements

The Government of the Republic may conclude agreements with foreign states related to verification of identity and issue of documents enabling crossing the state borders.

§ 40⁷. Period of validity of digital identity card issued before 1 May 2018

The period of validity of the valid digital identity card issued before 1 May 2018 shall be deemed to be five years as of the date of issue of the document.

§ 40⁸. Specifications of issue of identity card to United Kingdom citizen

(1) A United Kingdom citizen residing in Estonia on the basis of a valid right of residence may be issued an identity card until 31 December 2020.

(2) The identity card issued to a United Kingdom citizen before 31 December 2020 shall be valid until the date of expiry of the document.

(3) Upon issue of a residence permit card to a United Kingdom citizen the identity card that was previously issued shall be revoked.

§ 40⁹. Processing of biometric data taken before 1 July 2022

(1) Photographs, facial images and fingerprint images entered in the database of identity documents shall be entered in the database ABIS not later than on 30 June 2022.

(2) Photographs, facial images and fingerprint images entered in the identity documents database before 1 July 2022 may be stored simultaneously with the data stored in the ABIS database, but at the latest until 30 June 2025.

(3) After the creation of the ABIS database until the final date for implementation of the transitional provisions of the ABIS database, photographs, facial images and fingerprint images may be processed in the identity documents database.

§ 41. Amendments to earlier legislation

[Omitted from this text.]

§ 42. Repeal of legislation

[Omitted from this text.]

§ 43. Entry into force of Act

This Act enters into force on 1 January 2000.