Politsei ja piirivalve seadus (PPVS)

§ 1. Scope of application

(1) This Act provides for the functions, rights and organisation of the police and the legal bases for police service.

(2) The police is an institution of executive power within the area of government of the Ministry of the Interior and the main functions thereof are protection of public order, organisation of matters of border management, organisation of search and rescue operations at sea, and organisation of matters in the area of citizenship and migration.

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

(4) The functions and activity of the police in offence proceedings are provided in the Code of Criminal Procedure and in the Code of Misdemeanour Procedure.

(5) The Law Enforcement Act applies to the functions and activity of the police upon protection of public order, taking into account the specifications arising from this Act.

(6) The Civil Service Act extends to the police service with the specifications stemming from this Act.

§ 3. Functions of the Police

(1) The functions of the police are:

1) prevention of offences provided in Chapters 9, 12, 13, 16, 17, 21 and 22 of the Penal Code if this duty has not been assigned to another law enforcement agency by law, and protection of public order on the grounds and in accordance with the rules provided in the Law Enforcement Act;

2) issue of documents and activity licences on the ground and in accordance with the rules provided in specific laws;

3) organisation of matters in the area of citizenship and migration;

4) performance of search and rescue operations in the Estonian search and rescue region provided by an international agreement;

4¹) participation in detection of marine pollution in inland maritime waters and territorial waters and in the exclusive economic zone;

4²) organisation of detection and elimination of pollution on Lake Peipsi, Lake Lämmi and Lake Pihkva and on other transboundary water bodies;

5) performance of search operations on land in case of an aircraft accident;

6) organisation of matters in the area of border guard;

7) process of offences and enforcement of punishments on the ground and in accordance with the rules provided by law;

8) protection of the President of the Republic and their family, and in cases provided by law also of the President whose term of office has expired, the Prime Minister, Heads of Foreign Countries, Heads of Governments, Ministers of Foreign Affairs and persons specified by the Director General of the Police and Border Guard Board or by a person authorised thereby on the basis of subsection 3 of this section, and guarding of objects specified by the Government of the Republic on the basis of subsection 4 of this section or by the Director General of the Police and Border Guard Board on the basis of subsection 4² of this section;

9) performance of other functions arising from the law and legislation issued on the basis thereof.

(1¹) Requirements for the procedure of linear measuring of the scene of an event and for processing measuring results upon the performance of the functions of the police are established by a regulation of the Government of the Republic or a minister authorised thereby.

(2) The bases for the organisation of protection of persons and guarding of objects, manners of performance thereof and the procedure for co-operation are established by a regulation of the Government of the Republic.

(3) Where necessary, the Director General of the Police and Border Guard Board or a person authorised thereby specifies the persons being protected and the manners and duration of their protection.

(4) A list of objects guarded by the police is established by a regulation of the Government of the Republic. The manners of performance of the guarding of the guarded objects specified by the Government of the Republic are specified by an administrative act of the minister in charge of the policy sector.

(4¹) The Rescue Board and the Defence Forces participate in the performance of search and rescue operations provided in clause 4 of subsection 1 of this section. The organisation of co-operation between the Police and Border Guard Board, the Rescue Board and the Defence Forces is based on the principle of fastest aid according to which the nearest properly equipped unit is to respond to an event first.

(4²) A list of objects guarded by the police on a temporary basis, the manners of performance of the guarding of the objects and the duration thereof are determined by an administrative act of the Director General of the Police and Border Guard Board.

(5) The procedure for performance of search and rescue operations in the Estonian search and rescue region and the procedure for detection and elimination of pollution on Lake Peipsi, Lake Lämmi and Lake Pihkva as well as on other transboundary water bodies are established by a regulation of the Government of the Republic.

(6) The Police and Border Guard Board processes emergency notifications received by the Police and Border Guard Board in connection with the functions provided in subsection 1 of this section or by the Emergency Response Centre.

(7) The procedure for processing emergency notifications is established by a regulation of the minister in charge of the policy sector.

(8) The Police and Border Guard Board provides information regarding detected and identified objects flying in the airspace and its immediate vicinity to:

1) the Defence Forces to the extent necessary for the performance of the function of guarding the Estonian airspace;

2) the Transport Administration to the extent necessary for the performance of the duties provided in the Aviation Act;

3) the owner or possessor of an object designated under the Crisis Situation and National Defence Act as an object of major importance to be protected temporarily or permanently, their security guard or security supervisor to the extent necessary for the performance of the duty provided in § 26¹ of the Security Activities Act;

4) a certified air navigation service provider designated under the Aviation Act to the extent necessary for the performance of their duties.

§ 3¹. Involvement in performance of functions of police

(1) The Police and Border Guard Board may involve prison service officers in the protection of public order in the event and for as long as the Police and Border Guard Board itself is unable to prevent, ascertain or counter a threat or eliminate a disturbance in a timely manner or with sufficient effectiveness, and the performance of this function by authorities of executive power or with the assistance of persons involved voluntarily is not possible in a timely manner or with sufficient effectiveness.

(2) The involvement of the prison service is allowed if this does not significantly hinder the performance of the employment duties of the prison service officers. The primary duty of the prison service officers is to perform the employment duties assigned to them.

(3) A prison service officer involved on the basis of subsection 1 of this section has the powers of a police officer.

(4) More specific functions of the Police and Border Guard Board in the performance of which prison service officers may be involved, and the conditions and procedure for involvement, are established by a regulation of the Government of the Republic.

(5) The Defence Forces and the Defence League may be involved in the performance of the functions of the police and, within the framework thereof, in state supervision under the conditions and in accordance with the rules provided in the Law Enforcement Act.

§ 4. Police and Border Guard Board

(1) The Police and Border Guard Board is a governmental authority within the area of government of the Ministry of the Interior. The Police and Border Guard Board is a police authority.

(2) The territorial jurisdiction of the Police and Border Guard Board is the territory of the Republic of Estonia, unless otherwise provided by law or an international agreement.

(3) The Police and Border Guard Board is headed by the Director General.

(4) The Police and Border Guard Board is competent to perform functions assigned to the police. The competence of the Police and Border Guard Board to perform the functions may be defined by a law, a regulation, an administrative act of the minister in charge of the policy sector and an administrative act of the Director General of the Police and Border Guard Board by specifying a structural unit of the Police and Border Guard Board, including a territorial or functional structural unit of a prefecture or a house of detention.

(5) The organisation of the criminal police, guarding of the state border, guarding of objects, protection of persons and information security, and posts and staff of the Police and Border Guard Board are information intended for internal use for the purposes of the Public Information Act.

§ 5. Prefecture

(1) A prefecture is a regional structural unit of the Police and Border Guard Board.

(2) A prefecture is headed by a prefect.

(3) A prefecture comprises territorial and functional structural units and houses of detention. Territorial structural units are stations, border guard stations and border checkpoints; and functional structural units are bureaus.

§ 6¹. Specification of appointment of officials to position and employment of employees

(1) In appointment of an official of the Police and Border Guard Board to position and entry into an employment contract with an employee of the Police and Border Guard Board, the provisions of clauses 1–7 and 9 of § 40 and §§ 42 and 43 of this Act are applied, depending on the post, also in the case the relevant post is not a position of a police officer, but the performance of functions in the post requires access to:

1) a database, the controller of which is the Ministry of the Interior or the Police and Border Guard Board;

2) information provided in clauses 5¹ and 5² of subsection 1 of § 35 of the Public Information Act; or

3) special categories of personal data of officials and employees of the Police and Border Guard Board.

(2) An official serving in the position of head of structural unit of the Police and Border Guard Board must meet the requirements for professional qualification of an official.

(3) The requirements for professional qualification of head of structural unit of the Police and Border Guard Board, including requirements for education, and the terms and conditions and the procedure for the verification thereof are established by a regulation of the minister in charge of the policy sector.

(4) A list of posts provided in subsection 1 of this section is established by an administrative act of the Director General of the Police and Border Guard Board.

§ 6². Competence to organise service

(1) The service of an official of the Police and Border Guard Board, including of a police officer, and the employment of an employee are organised, they are appointed to and released from position, an employment contract is entered into with them and it is terminated or cancelled, their wages are determined or their remuneration is agreed upon, they are transferred from one post to another, their right to exercise public authority is suspended or the employee is allowed to exercise their right to refuse to work, and an authorisation is granted, where the law provides for the requirement of an authorisation of a person having the right to appoint to office, by the Director General of the Police and Border Guard Board or by a person authorised thereby.

(2) In the case provided in subsection 1 of this section and for the organisation of the work of the Police and Border Guard Board, the Director General of the Police and Border Guard Board or a person authorised thereby may issue an administrative act.

§ 7. Training of police officers

Police officers are trained at an institution of professional higher education within the area of government of the Ministry of the Interior (hereinafter institution of professional higher education for public defence).

§ 7¹. Right to apply state supervision measure

The right to apply the state supervision measures provided by the Law Enforcement Act lies with police officers. Other officials of the Police and Border Guard Board have the right to apply state supervision measures if not otherwise provided by a specific law and the application of the measure is related to the performance of their duties.

§ 7²

–

§ 7⁷. Co-operation with other persons and authorities and imposition of duty to grant use of thing

(1) The police cooperate with other persons and authorities within their competence to prevent and counter a threat endangering public order and to eliminate disturbances.

(2) The police notify other authorities of a known threat or disturbance within their competence, and make a proposal to a relevant administrative authority to apply measures of state supervision, counter the threat or ascertain the disturbance. The police have a right to obtain from the relevant administrative authority information about measures applied.

(2¹) In carrying out the duty provided in subsection 2 of this section, the police have the right to communicate to the competent authority personal data to the necessary extent, including special categories of personal data.

(3) A police officer may impose the duty to grant use of equipment and technical aids if it is unavoidably necessary for search and rescue operations on inland maritime waters and at territorial sea, in the exclusive economic zone, on Lakes Peipsi, Lämmi and Pihkva or on another transboundary waterbody and there are no other options for imposing the duty to grant use of a thing or they would be unreasonably burdensome.

(4) The duty to grant use of a thing ends at the time specified by the person in charge of the search and rescue operations, but no later than at the time the search and rescue operations end.

(5) The person in charge of the search and rescue operations may obligate the owner or possessor of the thing with regard to which the duty to grant use of is imposed to deliver the movable to the location determined for the transfer thereof.

(6) It is required to record in a report the measure of imposing the duty to grant use of a thing provided in this subsection.

(7) The state compensates for expenses which arise due to the imposition of the duty to grant use of a thing under this subsection.

(8) The extent of and the procedure for compensating for expenses provided in subsection 7 of this section are established by a regulation of the Government of the Republic.

§ 7⁸

–

§ 7¹²

–

§ 7¹⁵

–

§ 7²²

–

§ 7³¹

–

§ 7⁴¹. Escort of person detained

(1) Escort of a person detained is the escort of a person detained as a suspect, an arrested person, a person with regard to whom compelled attendance has been applied, a person to be expelled, a detained person or a convicted offender in a house of detention and outside a house of detention under the supervision of armed escort.

(2) Prior to and after the escort, a security check is performed with regard to the person detained or the person is examined pursuant to the procedure provided in the Law Enforcement Act.

(3) The duties and the work procedure of the escort are established by a regulation of the minister in charge of the policy sector.

§ 7⁴². Cross-border pursuit

(1) A police officer in pursuit, on the territory of their country, of a person apprehended upon commission of a criminal offence specified in the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p 1–20) or of an accessory to the criminal offence is permitted to proceed with the pursuit on the territory of another Member State of the European Union without a previously requested authorisation if:

1) due to the urgency of the matter it was not possible to notify competent authorities thereof prior to the entry on the territory of the other Member State; or

2) the competent authorities of the other Member State failed to arrive in time at the scene of the event to take over the pursuit.

(2) Subsection 1 of this section is also applied in case the person being pursued has escaped from a penal institution while held in custody or serving imprisonment.

(3) Cross-border pursuit may take place only across land frontiers.

(4) The foreign country where the cross-border pursuit is conducted is the country of location.

§ 7⁴³. Procedure for notifying of cross-border pursuit

(1) A police officer contacts immediately but no later than upon crossing the state border the competent authority of the state on whose territory the cross-border pursuit is to be conducted.

(2) In notifying of the crossing of the state border, the pursuing police officer is required to notify the country of location of the following circumstances:

1) the time and the place of the presumable crossing of the state border;

2) the type and make of the service weapon of the police officer;

3) the means of communication.

(3) In notifying of a cross-border pursuit, the competent authority in Estonia is the Police and Border Guard Board.

(4) The procedure for documenting operations of a police officer of a foreign state related to cross-border pursuit on the territory of Estonia is established by a regulation of the minister in charge of the policy sector.

§ 7⁴⁴. Conduct of cross-border pursuit

(1) A person being pursued must be detained by the police officers of the country of location. In case the competent authorities of the country of location do not demand termination of the pursuit but fail to take over the pursuit quickly enough, the pursuing police officer detains the person and hands them over to a police officer of the country of location for the establishment of identity or for arrest.

(2) In cross-border pursuit, a police officer:

1) must follow the laws of the country of location and the instructions and orders of the competent authority;

2) must be recognisable by their police uniform or use a police vehicle;

3) must present their identification in proof of the performance of functions;

4) may carry a service weapon and use it only for self-protection;

5) may, for ensuring safety, examine the detained person and their belongings and take away the items carried by the person;

6) may use handcuffs on the detained person in taking them to the police authority of the country of location;

7) may not enter private premises or another place not intended for public use;

8) must appear in the police authority of the country of location after the termination of the pursuit and notify of the operations performed;

9) must remain at the disposal of the competent authority of the country of location until the circumstances related to the pursuit are sufficiently clear;

10) must assist, at the request of the competent authority of the country of location, with the conduct of the criminal proceedings after the pursuit, including the court proceedings.

(3) Cross-border pursuit is terminated

1) when the objective has been achieved;

2) when one hour has passed since the crossing of the state border of the country of location;

3) on the demand of the country of location.

(4) If the person detained is not a citizen of the country of location, they must be released after the passing of six hours from their detention at the latest if the competent authorities of the country of location have not received a request for the arrest of the person for the purposes of extradition or handover of the person. The period from 12 a.m. to 9 a.m. is not included in the period of detention.

§ 7⁴⁵. Police officer of foreign country conducting cross-border pursuit

In case of a criminal offence committed against or by a police officer of a foreign country conducting a cross-border pursuit, they are deemed equal to a police officer of Estonia.

§ 7⁴⁶. Processing of personal data and transfer of personal data to foreign country and international organisation

(1) For the performance of duties provided in subsection 1 of § 3 of this Act and arising from an international agreement or legislation of the European Union and taking into account the provisions of specific laws, the police have the right to process:

1) personal data, including special categories of personal data;

2) data addressed to the public and available from public sources.

(2) In order to adhere to law, an international agreement or legislation of the European Union, the police have the right to transfer personal data, including special categories of personal data, to a foreign country or an international organisation.

(3) If the processing of personal data in order to adhere to an international agreement or legislation of the European Union requires the consent of a person, the following must be disclosed to the person prior to the request for their consent:

1) the name and contact information of the processor of their personal data or of the representative thereof;

2) the purpose of the processing of data;

3) the voluntary nature of granting a consent and the legal consequences of not granting a consent.

(4) The consent for the processing of personal data provided in subsection 2 of this section must be prepared in writing.

(5) With regard to the consent provided in this section, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, pp. 1–88) are not applied.

§ 7⁴⁷. Covert processing of personal data

(1) For adherence to an international agreement or legislation of the European Union, the police have the right to process personal data covertly, that means by concealing the purpose of the processing of personal data from the data subject.

(2) The following data may be processed covertly:

1) the person's given name and surname;

2) the route and destination of the person's trip;

3) the persons in the accompany of the person or the persons travelling in a vehicle, ship or aircraft in whose case it is reasonable to assume that they are connected to the person concerned;

4) the data on the vehicle, ship, aircraft or container used by the person;

5) the items carried by the person.

(3) The person does not have the right to receive information about the fact of covert processing or about the personal data collected about them in the course of covert processing.

(4) The procedure for documenting covert collection of personal data is established by a regulation of the minister in charge of the policy sector.

§ 7⁴⁸. Restriction on rights of data subject

(1) In connection with the performance of duties provided in subsection 1 of § 3 of this Act and arising from an international agreement or legislation of the European Union, the police have the right to restrict the rights of a data subject if it is necessary to:

1) counter, discover or process an offence or enforce a punishment;

2) protect the rights and freedoms of another person or data subject;

3) prevent a threat to national security;

4) protect public order.

(2) Under subsection 1 of this section, the rights of a data subject may be restricted, including the right to:

1) be informed of the processing of their personal data, whether or not by automated means, including which personal data is processed and the manner, method, purpose and scope of and legal basis and reason for processing;

2) be informed of the recipients of their personal data and the categories of personal data disclosed and information concerning whether their personal data is transferred to a foreign country or an international organisation;

3) be informed of the period of retention of their personal data or the criteria for determining such a period;

4) request that the processing of their personal data be restricted;

5) object to the processing of their personal data;

6) be informed of any violations relating to their personal data.

(3) The restriction on the disclosure of the data and information specified in subsection 2 of this section may also be applied to data obtained from a foreign country or an international organisation.

§ 7⁴⁹. Making enquiry to communications undertaking

(1) The police may make an enquiry to an electronic communications undertaking on the basis specified in clauses 1 and 2 of subsection 1 of § 126² of the Code of Criminal Procedure and with respect to persons specified in clauses 1 and 2 of subsection 3 of § 126² of the Code of Criminal Procedure in order to obtain the following information:

1) information necessary to identify an end user related to identification characteristics used in an electronic communications network, except for information related to the fact of message forwarding;

2) to an electronic communications undertaking, information specified in subsections 2 and 3 of § 111¹ of the Electronic Communications Act and not specified in subsection 1 of this section.

(2) Making an enquiry specified in clause 2 of subsection 1 of this section must be authorised by the Prosecutor's Office. The authorisation for making an enquiry must set out the period of time by dates concerning which it is allowed to require information.

§ 7⁵⁰. Collection of information for deciding on access of person to surveillance information and on suitability of person for police service

(1) The police may, with the written consent of a person, collect personal data concerning the person by surveillance activity specified in subsection 1 of § 126³ of the Code of Criminal Procedure and by an enquiry to an electronic communications undertaking with respect to information provided in subsections 2 and 3 of § 111¹ of the Electronic Communications Act if it is necessary in order to decide on the person’s access to surveillance information or to verify information presented in the personal data form for deciding their suitability for the police service.

(2) A person must be notified of surveillance activity referred to in subsection 1 of this section conducted with respect to the person after making of a decision and information collected by the surveillance they must be introduced to them at their request. Information collected by an enquiry referred to in subsection 1 of this section must be introduced to the person at their request.

§ 7⁵¹. Recruitment for secret co-operation

(1) For ensuring surveillance activities or for collecting information the police may use a person recruited for secret co-operation.

(2) For the purposes of this Act, a person recruited for secret co-operation is a person whose co-operation with the police is not known to third parties.

(3) An authorisation for recruiting a person is granted by the Director General of the Police and Border Guard Board or an official authorised thereby.

(4) Only adult persons with their consent may be recruited for secret co-operation, except in the case provided in subsection 6 of § 126¹ of the Code of Criminal Procedure.

(5) Persons recruited for secret co-operation are required to refrain from forwarding information which is knowingly false or libellous and to maintain the confidentiality of information which has come to their knowledge in the course of co-operation, and also the confidentiality of means, methods and tactics used in surveillance activities.

(6) A person recruited for secret co-operation has the right to refuse performance of surveillance activities concerning persons close to them.

(7) Supervision over the activity of a person recruited for secret co-operation is exercised by the Director General of the Police and Border Guard Board or an official authorised thereby.

(8) The procedure for documenting recruitment of a person is established by a regulation of the minister in charge of the policy sector.

§ 7⁵². Collection of information for verifying suitability of person for recruitment for secret co-operation and for verifying credibility of information

(1) The police may, with the written consent of a person, collect personal data by surveillance activity specified in subsection 1 of § 126³ and in clause 2 of subsection 2 of § 1263 of the Code of Criminal Procedure and by an enquiry to an electronic communications undertaking with respect to information provided in subsections 2 and 3 of § 111¹ of the Electronic Communications Act if it is necessary in order to decide on the person’s suitability for secret co-operation or for verifying the credibility of information.

(2) The surveillance activity specified in clause 2 of subsection 2 of § 126³ of the Code of Criminal Procedure is allowed when all other verification means have been exhausted and there is reasonable doubt as to the reliability of the person which may jeopardise the purpose of the secret co-operation, or there is reasonable doubt as to the credibility of information and this may significantly infringe the fundamental rights of persons or influence the course of the criminal proceedings.

(3) An authorisation for performing the surveillance activity specified in subsection 1 of § 126³ of the Code of Criminal Procedure and for making an enquiry for obtaining information provided in subsections 2 and 3 of § 111¹ of the Electronic Communications Act is granted by the Director General of the Police and Border Guard Board or an official authorised thereby.

(4) An authorisation for performing the surveillance activities specified in clause 2 of subsection 2 of § 126³ of the Code of Criminal Procedure is granted by the county court on the basis of a justified written application of the Director General of the Police and Border Guard Board.

§ 7⁵³. Compensation in case person recruited for secret co-operation is killed, dies or their work ability decreases

(1) If a person recruited for secret co-operation is killed or dies due to the performance of duties related to secret co-operation as a result of an accident or an attack against them or prevention of an offence or countering of a threat by them, their child, parent, widow, widower, registered partner if a registered partnership contract concluded with them has terminated due to death, or partner in a relationship resembling marriage and, for the purposes of the Family Law Act, another person who was maintained by them are paid a lump-sum benefit.

(2) If due to an injury sustained or an illness developed as a result of an accident related to secret co-operation or an attack against them or combating of an offence or countering of a threat by them a person recruited for secret co-operation is established to have partial or no work ability or temporary loss of work ability which did not result in partial or no work ability, the person recruited for secret co-operation is paid a benefit.

(3) In the cases specified in subsections 1 and 2 of this section the benefit is paid on the same grounds and according to the same rules as prescribed for payment of a benefit in the cases provided in §§ 49 and 49¹ of the Civil Service Act, considering the specifications provided in this section.

(4) The benefit specified in subsections 1 and 2 of this section is calculated on the basis of the lowest rate of the lowest basic wage range of a police officer.

§ 7⁵⁴. Covert measures

(1) For ensuring the performance of surveillance activities covert measures may be used for the purpose of concealing from a data subject the persons performing the surveillance activity, the purpose of the surveillance activity and the ownership of an immovable and movable used.

(2) The necessary document for taking covert measures is issued and the necessary changes in a database or register are made, on the basis of a justified application of the Director General of the Police and Border Guard Board or an official authorised thereby, by an administrative authority or a legal person who is competent to issue a document of such type or make changes in the database or register.

§ 7⁵⁵. Simulation

(1) For ensuring the performance of surveillance activities the Police and Border Guard Board may simulate a legal person in private law, its structural unit or body, or a branch of an overseas company.

(2) A person or branch of an overseas company being simulated is founded or acquired by the Police and Border Guard Board pursuant to the general procedure with the written consent of the minister in charge of the policy sector. Simulation of a person or branch of an overseas company is terminated pursuant to the general procedure and the minister in charge of the policy sector must be informed of the termination.

(3) The minister in charge of the policy sector gives a written consent for simulating a person or a branch of an overseas company on the basis of a justified application of the Director General of the Police and Border Guard Board, setting out:

1) the need to simulate a person;

2) the type of the person being simulated;

3) the expenses of simulating a person;

4) the duration of simulating a person if it can be determined.

(4) Simulation of a structural unit or body is decided by the minister in charge of the policy sector on the basis of circumstances specified in subsection 3 of this section.

(5) A transaction made in the name of a person, structural unit, body, or branch of an overseas company being simulated is deemed a transaction made by the authority specified in subsection 1 of this section.

(6) At the beginning of a financial year of each person being simulated the Director General of the Police and Border Guard Board presents to the minister in charge of the policy sector an overview of the activity of the simulated person, structural unit, body and branch of an overseas company during the previous financial year.

§ 7⁵⁶. Use of undercover agent

(1) For performing surveillance activities, for ensuring the performance thereof or for collecting information the police may use an undercover agent.

(3) A written authorisation for the use of an undercover agent is given by the Director General of the Police and Border Guard Board or an official authorised thereby.

(4) An undercover agent who is a police officer has all the duties of a police officer insofar as it does not bring about revealing of the changed identity.

(5) The identity of an undercover agent must also remain secret after the surveillance activities have been terminated if disclosure may jeopardise the life, health, honour or good name or property of the undercover agent or that of persons close to them or their further activity as an undercover agent or a police agent.

§ 7⁵⁷. Notification of surveillance activity and introduction of information collected by surveillance activity and documenting and preserving information collected by surveillance activity

(1) With the permission of the Director General of the Police and Border Guard Board or an official authorised thereby, a person need not be notified of surveillance activity performed under this Act on the basis provided in subsection 2 of § 126¹³ of the Code of Criminal Procedure and information collected by surveillance activity need not be introduced on the basis provided in subsection 1 of § 126¹⁴ of the Code of Criminal Procedure until the basis ceases to exist.

(2) The procedure for notifying of surveillance activity performed under this Act and for introducing information collected by surveillance activity is established by a regulation of the minister in charge of the policy sector.

(3) The procedure for documenting and preserving information collected by surveillance activities performed on the basis of this Act is established by a regulation of the minister in charge of the policy sector.

§ 7⁵⁸. Access to and use of information

Information collected on the grounds and in accordance with the rules provided in this Chapter may only be accessed and used with the permission of and to the extent determined by the Police and Border Guard Board.

§ 7⁵⁹. Background check

(1) The Police and Border Guard Board may establish the identity of a person and process personal data maintained concerning the person in databases when:

1) deciding whether or not to allow the person access to an object and territory related to the object determined on the basis of subsections 4 and 4² of § 3 of this Act;

2) assessing the suitability of a person involved in the provision of a service to the Police and Border Guard Board or the Ministry of the Interior or a state agency governed thereby;

3) ensuring the safety of a person being protected;

4) assessing the suitability of an applicant for practical training at the Police and Border Guard Board or the Ministry of the Interior or a state agency or government authority governed thereby, or a person applying to serve at or be employed by the Ministry of the Interior or a state agency governed thereby, considering the duties at the position or position of employment or position of practical training to which the person is applying.

(1¹) Conducting a background check of a person specified in clause 4 of subsection 1 of this section who has commenced or seeks to commence service, employment or practical training or who has become or seeks to become a volunteer at the structural unit of the Estonian Academy of Security Sciences which provides training for prison officials or who has commenced or seeks to commence studies at the structural unit which provides training for prison officials is subject to the Imprisonment Act.

(2) In cases specified in subsection 1 of this section the Police and Border Guard Board may process personal data, including special categories of personal data, and collect evidence concerning the following facts:

1) data concerning establishment of identity, contact details, data concerning place of residence, data concerning nationality and identity document, data concerning place of employment and data concerning private and family life;

2) data concerning punishments imposed on a person and criminal record, release from punishment and enforcement of punishment;

3) data concerning criminal proceedings initiated against a person where the person has been declared to be a suspect or an accused, and concerning the final decision terminating the proceedings in such matters;

4) data concerning a person's involvement with an organisation or movement which discards the public order with its activities or the activities of which are aimed at the violent changing of the sovereignty and independence of the Republic of Estonia, violent breach of territorial integrity, violent seizure of power, or violent changing of the constitutional order of Estonia;

5) data concerning a person's crossings of the external border and stay in a foreign state in order to establish the person's stay in a foreign state which has been entered on the list established under subsection 3 of § 19 of the State Secrets and Classified Information of Foreign States Act and for which a notification requirement specified in subsection 2 of the same section applies;

6) data concerning a person's involvement with a foreign country's intelligence or security services.

(2¹) A person specified in clause 4 of subsection 1 of this section may be required to submit a personal data form. A decision about the submission of a personal data form is made by the authority to which the person is applying for service, employment or practical training. The personal data form requires data which enables the assessment of the person’s suitability for service or employment. In addition, data concerning the given name and surname, personal identification code, in the absence of a personal identification code date and place of birth, and contact information of relatives and relatives by marriage, including parents, sister, brother, child, spouse, registered partner and also a partner in a relationship resembling marriage may be required to ensure them social guarantees provided by law and provision of necessary information in a crisis situation.

(2²) The format of the personal data form specified in subsection 2¹ of this section is established by a regulation of the minister in charge of the policy sector.

(2³) The Police and Border Guard Board may also verify the facts specified in subsection 2 of this section about a person employed in service or employed at the Ministry of the Interior or a state agency governed thereby during their service or employment where there is reasonable doubt that there is a circumstance that would preclude the person's employment in service or employment.

(3) The facts specified in subsection 2 of this section may provide a basis for:

1) the Police and Border Guard Board to refuse to allow a person subjected to a background check access to an object or territory related to an object;

2) an authority specified in clause 2 of subsection 1 of this section to prohibit a person involved in the provision of a service to provide the service to the authority;

3) an authority specified in clause 4 of subsection 1 of this section to refuse to accept a person for service, employment or practical training;

4) the Police and Border Guard Board to prohibit a person from staying in the vicinity of a person being protected.

(4) The reasons for refusal specified in subsection 3 of this section and the facts which serve as the basis for refusal are not disclosed insofar as may be inevitably necessary in order to ensure:

1) national security;

2) national defence;

3) public order;

4) countering, discovery or processing of an offence or enforcement of a sanction;

5) protection of a data subject or protection of the rights and freedoms of other persons.

§ 7⁶⁰. Rights of Police and Border Guard Board in conduct of background check

In cases specified in subsection 1 of § 7⁵⁹ of this Act, the Director General of the Police and Border Guard Board or an official authorised thereby has the right to:

1) address state and local government authorities as well as natural and legal persons with an inquiry into the personal data of the person being checked;

2) interview the person being checked as well as representatives of the employer or educational institution thereof and other persons in order to identify the moral character and other personal qualities of the person being checked and, where appropriate, take a written statement from the person being interviewed with the consent thereof;

3) verify personal data in the database of the state, local government or other legal person governed by public law or private law;

4) obtain data from the archive of the Criminal Records Database;

5) process personal data addressed to the public and available from public sources.

§ 7⁶¹. Retention of data

Data collected about a person for a background check are retained for five years after the end of the conduct of the background check or in the event of a legal dispute arising after resignation from service or employment until the settlement of the legal dispute.

§ 7⁶². Entering data in Entry/Exit System, and rectification, erasure and consultation thereof

(1) The Police and Border Guard Board, the Tax and Customs Board, the Ministry of Foreign Affairs and the Estonian Internal Security Service are authorities specified in Article 9(2) of Regulation (EU) 2017/2226 of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 09.12.2017, pp 20–82), who are tasked with entering data in the Entry/Exit System and rectifying, erasing and consulting the data.

(1¹) The Estonian Foreign Intelligence Service is the authority specified in Article 9(2) of Regulation (EU) 2017/2226 of the European Parliament and of the Council who is tasked with consulting data in the Entry/Exit System.

(2) The Police and Border Guard Board is to enter in the Entry/Exit System the data specified in Articles 14 and 16–20 of Regulation (EU) 2017/2226 of the European Parliament and of the Council.

(3) The Tax and Customs Board is to enter in the Entry/Exit System the data specified in Articles 14, 16 and 17 of Regulation (EU) 2017/2226 of the European Parliament and of the Council.

(4) The Ministry of Foreign Affairs and the Estonian Internal Security Service are to enter in the Entry/Exit System the data specified in Article 19 of Regulation (EU) 2017/2226 of the European Parliament and of the Council.

§ 7⁶³. Tasks of central access point of Entry/Exit System and requesting access to Entry/Exit System data for law enforcement purposes

(1) The tasks of the national central access point of the Entry/Exit System within the Police and Border Guard Board are to:

1) consult the Entry/Exit System under Article 32 of Regulation (EU) 2017/2226 of the European Parliament and of the Council in order to prevent, detect or investigate terrorist offences or other serious criminal offences;

2) communicate the result of a consultation executed for the purpose specified in clause 1 of this subsection to an authority specified in subsection 3 of this section;

3) communicate the Entry/Exit System data under Articles 41 and 42 of Regulation (EU) 2017/2226 of the European Parliament and of the Council to a Member State of the European Union and a third country if this is necessary in order to prevent, detect or investigate terrorist offences or other serious criminal offences.

(2) The Entry/Exit System data may be processed only for the prevention and detection of and conducting proceedings concerning the criminal offence specified in subsection 2 of § 126¹⁹ of the Code of Criminal Procedure and for determining and countering a serious threat related to such a criminal offence and for eliminating a disturbance.

(3) For the purpose provided in subsection 2 of this section, the Police and Border Guard Board, the Estonian Internal Security Service, the Financial Intelligence Unit, the Estonian Foreign Intelligence Service, the Tax and Customs Board and the Environmental Board may request and receive Entry/Exit System data from the central access point of the Entry/Exit System.

§ 7⁶⁴. Accessing, rectifying, completing and erasing Entry/Exit System data and restricting processing thereof

(1) Under Article 52 of Regulation (EU) 2017/2226 of the European Parliament and of the Council, a third-country national may make a request to the Police and Border Guard Board for access to the Entry/Exit System data and rectification, completion or erasure of their data or restriction of the processing thereof.

(2) The Police and Border Guard Board reviews a request specified in subsection 1 of this section in accordance with the rules provided in Article 52 of Regulation (EU) 2017/2226 of the European Parliament and of the Council.

(3) A third-country national may file a challenge against a decision taken concerning a request made on the basis of subsection 1 of this section in accordance with the rules provided in the Administrative Procedure Act or a complaint to the administrative court in accordance with the rules provided in the Code of Administrative Court Procedure.

§ 7⁶⁹. Tasks of verifying authority of Eurodac system and right to receive data from Eurodac system for law enforcement purposes

(1) The Police and Border Guard Board performs, on the basis of Article 6(1) of Regulation (EU) 2024/1358 of the European Parliament and of the Council on the establishment of Eurodac for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.5.2024), the tasks of the verifying authority specified in paragraph 2 of the same Article.

(2) Data in the Eurodac system may be processed only for the prevention and detection of and conducting proceedings concerning the criminal offence specified in subsection 2 of § 126¹⁹ of the Code of Criminal Procedure and for determining and countering a serious threat related to such a criminal offence and for eliminating a disturbance.

(3) For the purpose provided in subsection 2 of this section, the Police and Border Guard Board, the Estonian Internal Security Service, the Estonian Foreign Intelligence Service, the Tax and Customs Board and the Environmental Board may request and receive data from the Eurodac system.

§ 7⁷⁰. Tasks of central access point of Visa Information System and right to receive data from Visa Information System for law enforcement purposes

(1) The Police and Border Guard Board performs the tasks of the central access point specified in Article 3(1) and (2) of Regulation (EC) No 767/2008 of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp 60–81).

(2) Data in the Visa Information System may be processed only for the prevention and detection of and conducting proceedings concerning the criminal offence specified in subsection 2 of § 126¹⁹ of the Code of Criminal Procedure and for determining and countering a serious threat related to such a criminal offence and for eliminating a disturbance.

(3) For the purpose provided in subsection 2 of this section, the Police and Border Guard Board, the Estonian Internal Security Service, the Financial Intelligence Unit, the Foreign Intelligence Service, the Tax and Customs Board and the Environmental Board may request and receive data from the Visa Information System.

§ 8. Police database

(1) The police database is a database where data concerning law enforcement and offence proceedings are processed for the purpose of ensuring public order and internal security.

(2) The official title of the database is 'Information System POLIS'.

(3) The police database and its statutes are established by a regulation of the minister in charge of the policy sector.

(4) The statutes of the police database provide for the procedure for the maintenance of the police database, details of data collected in the police database, providers of data, periods of retention of data and, where necessary, other organisational issues related to the maintenance of the police database.

(5) The controller of the police database is the Police and Border Guard Board and the processor is determined in the statutes of the database.

(6) Information reflecting the manner of processing of data, technological solutions and security measures of the police database is information intended for internal use for the purposes of the Public Information Act.

(7) For the information referred to in subsection 6 of this section, the Director General of the Police and Border Guard Board may extend the term of restriction on access by five years at a time if the reason for establishment of the restriction on access continues to exist, but no more than 30 years from the establishment of the restriction on access to the document.

§ 10. Structure of police database and data to be entered in database

(1) The police database consists of the following data:

1) data on common information objects;

2) data on offence proceedings;

3) data on administrative activities related to law enforcement duties;

4) data on preventive activity;

5) data on responding activity;

6) data on the activity of houses of detention;

7) data on search;

8) data on pursuit proceedings.

(2) Personal data and special categories of personal data are processed in the police database for the purposes of legislation governing the protection of personal data and insofar as necessary for the achievement of the objective of the database.

(3) The data specified in subsection 1 of this section may be transferred to a foreign country or an international organisation for the fulfilment of an obligation arising from the European Union law in the cases and pursuant to the procedure provided by an international convention, an international agreement or a co-operation agreement of state authorities.

§ 11. Presentation of data to be entered in police database

(1) Data to be entered in the police database are presented by the Police and Border Guard Board.

(2) For the achievement of the purpose provided in subsection 1 of § 8, data to be entered in the police database are presented by other authorities determined in the statutes of the database to the established extent.

§ 12. Entry in police database

(1) Data are entered in the police database by means of software developed for the use thereof.

(2) The persons entitled to enter data in the police database are determined by the authority presenting the data.

(3) Data are entered in the police database immediately but no later than within five working days as of the receipt of the information, occurrence of an event or performance of an operation or making of a decision which serves as the basis for the entry of the data in the police database.

(4) Data are entered in the police database on the basis of source documents, automated traffic supervision system recordings, notices received from persons or information obtained by police activity.

§ 13¹. Automatic number plate recognition camera and processing of its data

(1) An automatic number plate recognition camera means monitoring equipment specified in subsection 1 of § 34 of the Law Enforcement Act, which automatically recognises a motor vehicle or a trailer and its number plate.

(2) In the cases provided in subsection 1 of § 34 of the Law Enforcement Act, the Police and Border Guard Board may record a photo of a motor vehicle or a trailer and its number plate with an automatic number plate recognition camera (hereinafter automatic number plate recognition camera recording) and use and retain it on the grounds provided in this section.

(3) For the performance of its duties arising from the law, an international agreement or legislation of the European Union, the Police and Border Guard Board may keep processing an automatic number plate recognition camera recording by using the data specified in clauses 1, 3 and 4 of subsection 4 of this section for the following purposes:

1) conducting proceedings concerning criminal offences;

2) ascertaining or countering a serious or significant threat or eliminating such a disturbance;

3) ascertaining the whereabouts of wanted persons or internationally wanted items.

(4) An automatic number plate recognition camera recording includes the following data:

1) a photo of a motor vehicle or a trailer and its number plate;

2) an image of a person inside or nearby a motor vehicle caught on a photo specified in clause 1 of this subsection;

3) a registration number identified from the number plate of a motor vehicle or a trailer;

4) the date and time and place of photographing a motor vehicle or a trailer.

(5) The following have access to an automatic number plate recognition camera recording and the right to keep processing the recording by using the data specified in clauses 1, 3 and 4 of subsection 4 of this section:

1) the Tax and Customs Board for the purposes specified in subsection 3 of this section;

2) a security authority for the performance of duties arising from the law, an international agreement or legislation of the European Union on the grounds provided in the Security Authorities Act.

(6) Upon processing the data of an automatic number plate recognition camera recording for the purposes specified in subsection 3 of this section, the number of the case, report or proceedings that serve as the basis for the processing and the reason for the data processing must be stated. The Police and Border Guard Board prepares and publishes a summary of data protection audit results once a year.

(7) An automatic number plate recognition camera recording is entered in the data on preventive activity of the police database and it is retained there for 45 calendar days as of the making of the recording. An automatic number plate recognition camera recording that is entered in other data is retained until the expiry of the retention period of the relevant data.

(8) The following data concerning the data processing log of an automatic number plate recognition camera are retained for two years as of the making of an inquiry:

1) the date and time and place of making the recording;

2) the registration number of the motor vehicle or trailer;

3) the given name and surname and personal identification code of the person who made the inquiry, considering the provisions of the State Secrets and Classified Information of Foreign States Act;

4) the date and time of the inquiry;

5) the type of and reason for the inquiry, considering the provisions of subsection 6 of this section.

§ 14. Border control database

(1) The minister in charge of the policy sector establishes a database, the objective of which is to ensure internal security and public order through the processing of data collected upon the crossing of the border by persons and means of transport.

(2) The official title of the database is 'Border Control Information System' (hereinafter border control database).

§ 15. Controller of border control database

(1) The controller of the border control database is the Police and Border Guard Board.

§ 16. Categories of data of border control database

(1) The categories of data of the border control database are:

1) border crossing of a person, including passengers' personal details entered in their travel document and the data concerning their travel document;

2) border crossing of a motor vehicle;

3) border crossing of a water craft;

4) border crossing of an aircraft;

6) border crossing of a railway vehicle.

(2) The more detailed composition of the data to be entered in the border control database is provided in the statutes on the maintenance of the database.

(4) The data specified in subsection 1 of this section may be transferred to a foreign country for the fulfilment of an obligation arising from the European Union law in the cases and pursuant to the procedure provided by an international convention, an international agreement or a co-operation agreement of state authorities.

(5) Data collected upon border crossing in the course of performance of tasks provided in the legislation of the European Union are processed in the border control database.

§ 17. Presentation of data to be entered in border control database

Data to be entered in the border control database are presented by the Police and Border Guard Board, the Tax and Customs Board and a carrier who transports passengers arriving in Estonia and leaving Estonia across the external border by railway or waterway.

§ 18. Entry in border control database

Data are entered in the border control database:

1) in the course of the border control of a person or vehicle according to border crossings which have taken place, or

2) if the carrier has communicated data concerning passengers carried by railway or waterway.

§ 19. Statutes on maintenance of border control database

(1) The statutes on the maintenance of the border control database are established by a regulation of the minister in charge of the policy sector.

(2) The statutes on the maintenance of the border control database provide for:

1) the structure of the database and the organisational structure of the database;

2) an exhaustive list of the data to be entered in the database;

4) a list of source documents necessary for entering data in the database;

5) the procedure for the receipt of the data to be entered in the database and for keeping record of access thereto;

5¹) the recipients of data from the database;

6) the procedure for the examination of the data and for the issue thereof;

7) the procedure for the rectification of incorrect data and for the notification thereof;

8) the basis and procedure for the expansion and elimination of the database and for the merger thereof with another database;

9) other requisite conditions arising from legislation.

§ 19¹. Period of retention of data in border control database

The data in the border control database are retained for no longer than ten years. Specific periods of retention of data are provided in the statutes of the database.

§ 19². Processing of biometric data in border control database

(1) Biometric data obtained by fingerprinting a person or taking a facial image of a person are processed in the border control database.

(2) In order to identify a person or verify the identity of a person, the biometric data in the border control database are compared through the automated biometric identification system database (hereinafter ABIS database).

(3) In order to identify a person or verify the identity of a person for the purposes of subsection 2 or 3 of § 15⁵ of the Identity Documents Act, the biometric data in the border control database may be compared with the biometric data in the ABIS database.

(4) The biometric data in the border control database are deleted from the border control database and the ABIS database after making of a decision concerning the border crossing of a person.

§ 20. State register of Schengen Information System

(1) The state register of the Schengen Information System (hereinafter the register) is established for ensuring security on a territory based on the freedom, security and law of the European Union, ensuring a speedy and smooth exchange of information between the member states to identify persons who pose a threat to public order and security, identify third country nationals who are subject to an obligation imposed by a court decision or an administrative act to leave the territory of the member states of the Schengen Convention or who are subject to a prohibition on entry, and facilitating police co-operation and legal co-operation in criminal matters.

(2) The statutes of the register are established by a regulation of the minister in charge of the policy sector.

(3) The statutes of the register provide for:

1) the structure of the database and the organisational structure of the database;

2) an exhaustive list of the data to be entered in the database;

3) the period of retention of the data entered in the database;

4) a list of source documents necessary for entering data in the database;

5) the procedure for the receipt of the data to be entered in the database and for keeping record of access thereto;

6) the recipients of data from the database;

7) the procedure for the examination of the data and for the issue thereof;

8) the procedure for the rectification of incorrect data and for the notification thereof;

9) the basis and procedure for the expansion and elimination of the database and for the merger thereof with another database;

10) technical and organisational safeguards to ensure the protection of the fundamental rights and freedoms of data subjects;

11) other requisite conditions arising from legislation.

(4) Personal data and special categories of personal data are processed in the register in accordance with the Personal Data Protection Act and insofar as necessary for the achievement of the objective of the database.

§ 21. Controller and processor of register

(1) The controller of the register is the Police and Border Guard Board.

(2) The processor of the register is a person appointed by the Police and Border Guard Board.

§ 22. Data entered in register

(1) In the register data are entered:

1) relating to persons wanted for handover or extradition purposes;

2) relating to foreign nationals who are subject to a Schengen entry ban, taking into account the provisions of § 33¹ of the Obligation to Leave and Prohibition on Entry Act;

3) relating to persons who have disappeared or to persons who, in the interests of their own protection or in order to prevent threats, need to be placed provisionally in a place of safety;

4) relating to persons who are wanted witnesses or persons accused or convicted;

5) relating to persons, vehicles, ships, aircraft or containers for the performance of discreet surveillance or specific checks;

6) in order to ensure the seizure or confiscation or evidence in criminal proceedings;

7) relating to foreign nationals who are subject to an obligation imposed by a court decision or an administrative act to leave the territory of a member state of the Schengen Convention, taking into account the provisions of § 33¹⁶ of the Obligation to Leave and Prohibition on Entry Act.

§ 23. Presentation of data to be entered in register

(1) The data specified in clause 1 of subsection 1 § 22 of this Act are presented by the Police and Border Guard Board, the Estonian Internal Security Service, the Prosecutor's Office, the Tax and Customs Board, the court in case of matters in court proceedings and the Ministry of Justice and Digital Affairs in case of court judgments which have entered into force.

(2) The data specified in clause 2 of subsection 1 § 22 of this Act are presented by the Police and Border Guard Board.

(3) The data specified in clause 3 of subsection 1 § 22 of this Act are presented by the Police and Border Guard Board and the court in case of matters in court proceedings.

(4) The data specified in clause 4 of subsection 1 § 22 of this Act are presented by the Police and Border Guard Board, the Estonian Internal Security Service, the Prosecutor's Office, the Tax and Customs Board and the court in case of matters in court proceedings.

(5) The data specified in clause 5 of subsection 1 § 22 of this Act are presented by the Police and Border Guard Board, the Estonian Internal Security Service, the Prosecutor's Office and the Tax and Customs Board.

(6) The data specified in clause 6 of subsection 1 § 22 of this Act are presented by the Police and Border Guard Board, the Ministry of Foreign Affairs and the Transport Administration.

(7) The data specified in clause 7 of subsection 1 of § 22 of this Act are presented by the Police and Border Guard Board.

§ 24. Entry in register

(1) The data specified in clauses 1 and 5 of subsection 1 of § 22 of this Act are entered in the register by the controller within 24 hours as of the receipt of the source documents.

(2) The data specified in clauses 2–4, 6 and 7 of subsection 1 of § 22 of this Act are presented to the controller of the register without delay following the time the basis for the entry of the data in the register arose.

§ 25¹. Police tactical command database

(1) The minister in charge of the policy sector establishes a database for:

1) planning and management of responding resources;

2) registration, tactical command and organisation of response to operational information and major incidents within the competence of and received by the police;

3) management of operational information related to international co-operation.

(2) The following is entered in the database referred to in subsection 1 of this section:

1) data concerning the operations specified in subsection 1 of this section and concerning persons related thereto;

2) data concerning responding resources and the management thereof;

3) data concerning response to operational information and major incidents;

4) surveillance information from technical surveillance and security devices;

5) data concerning activities that obstruct guarding of the state border or disturb border peace.

(2¹) The data in the police tactical command database are retained for no longer than ten years. Specific periods of retention of data are provided in the statutes of the database.

(3) The statutes of the database referred to in subsection 1 of this section are established by a regulation of the minister in charge of the policy sector.

(4) The statutes of the database referred to in subsection 1 of this section provide for the official name of the database, the procedure for maintaining the database, the exact composition of data gathered in the database, persons submitting data and, where necessary, other organisational issues related to maintaining the database.

(5) The controller of the database referred to in subsection 1 of this section is the Police and Border Guard Board.

§ 25². Passenger Name Record Database

(1) The Passenger Name Record Database is a state register which contains the passenger name record data of air passengers and data generated by analysing said data (hereinafter passenger name record). The database is used in criminal proceedings and for the purposes of protecting public order and ensuring security.

(2) The Passenger Name Record Database and its statutes are established by a regulation of the minister in charge of the policy sector.

(3) The passenger name record data of air passengers is:

1) given name(s) and surname(s);

2) date and place of birth;

3) nationality or nationalities;

4) gender;

5) address, telephone number and e-mail address;

6) type, number, country of issuance and expiry date of travel document and data concerning a valid visa;

7) passenger name record locator, date of reservation or issue of ticket;

8) date(s) of intended travel;

9) complete itinerary for reserved travel;

10) frequent flyer information;

11) travel agency and travel agent information;

12) travel status of passenger, including confirmations, check-in status, no-show or go-show information and information about whether the passenger is travelling with a minor without a seat;

13) passenger name record for next travel;

14) ticketing field information and one-way tickets, including ticket number, date of ticket issuance, ticket fare quote fields;

15) seat number and other seat information;

16) baggage information;

17) number and other names of travellers on the passenger name record;

18) forms of payment information, including billing address and credit card information;

19) information on the flight in connection with which the passenger name record was provided, including the airline, flight number, departure date and arrival date, departure time and arrival time, departure port and arrival port, and code share information;

20) additional service information, including all available information on unaccompanied minors, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent.

(4) Data received along with passenger name record data and not set out in subsection 3 of this section must be deleted immediately.

(5) Passenger name record data is retained in the database for a period of five years after the entry of the data in the Passenger Name Record Database, and thereafter the data is deleted automatically. Passenger name record data is pseudonymised after the passing of six months from the entry into the database.

(6) The re-personalisation of pseudonymised passenger name record data is only allowed when all of the following conditions are met:

1) there is reason to believe that it is necessary for the purpose provided in subsection 4 of § 25⁴ of this Act;

2) a competent authority, the European Union Agency for Law Enforcement Cooperation (hereinafter Europol), another Member State of the European Union or a third country has submitted a reasoned request for passenger name record data;

3) the relevant authorisation has been granted by an official authorised by the Director General of the Police and Border Guard Board.

(7) When passenger name record data is re-personalised, the official specified in clause 3 of subsection 6 of this section informs the data protection officer in the passenger information unit who verifies the compliance of the operation with the conditions provided in clauses 1 and 2 of subsection 6 of this section.

(8) Data in the Passenger Name Record Database is not public.

(9) The controller of the Database is the Police and Border Guard Board.

§ 25³. Passenger information unit and competent authority

(1) The duties of the passenger information unit within the Police and Border Guard Board are:

1) processing of passenger name record data;

2) transfer of passenger name record data to a competent authority;

3) exchange of passenger name record data with another Member State of the European Union;

4) transfer of passenger name record data to Europol and third countries.

(2) For the purpose provided in subsection 4 of § 25⁴ of this Act, the Police and Border Guard Board, the Estonian Internal Security Service, the Estonian Tax and Customs Board and the Estonian Foreign Intelligence Service (hereinafter competent authority) may request and receive passenger name record data from the passenger information unit.

(3) A competent authority may participate in setting the criteria specified in clause 2 of subsection 2 of § 25⁴ of this Act.

§ 25⁴. Processing of passenger name record data

(1) The passenger information unit processes passenger name record data:

1) for carrying out an assessment of all passengers prior to their arrival in or departure from Estonia to identify persons who require further examination by a competent authority;

2) for responding, on a case-by-case basis, to a reasoned request based on sufficient grounds from a competent authority to provide and process passenger name record data;

3) for analysing passenger name record data for the purpose of updating or creating new criteria to be used in the assessments carried out under clause 1 of this subsection.

(2) When carrying out the assessment of passengers referred to in clause 1 of subsection 1 of this section, the passenger information unit may:

1) compare passenger name record data against relevant databases;

2) process passenger name record data against pre-determined criteria.

(3) Any positive matches resulting from the automated processing of passenger name record data are individually reviewed by the passenger information unit before transferring the data to a competent authority.

(4) Passenger name record data may be processed only for the prevention, detection and processing of criminal offences listed in subsection 2 of § 126¹⁸ of the Code of Criminal Procedure and for determining and countering a serious threat related to such criminal offences and for eliminating a disturbance.

§ 25⁵. Transfer of passenger name record data to Europol and exchange thereof with another Member State of the European Union

(1) The passenger information unit transfers passenger name record data to Europol for the performance of the latter's tasks if it is necessary to support the activities of the Member States for the purposes specified in subsection 4 of § 25⁴ of this Act. Passenger name record data are transferred to Europol under a reasoned request.

(2) The passenger information unit transfers passenger name record data to the passenger information unit of another Member State of the European Union for the purpose specified in subsection 4 of § 25⁴ of this Act:

1) if the need to transfer passenger name record data is identified in the course of the assessment of passengers described in clause 1 of subsection 1 of § 25⁴ of this Act, or

2) under a reasoned request from the passenger information unit of another Member State of the European Union.

(3) In exceptional cases when access to passenger name record data is necessary for preventing or detecting a criminal offence provided in subsection2 of § 126¹⁸ of the Code of Criminal Procedure, for determining and countering a threat related to such criminal offence and for eliminating a disturbance, the passenger information unit may:

1) obtain passenger name record data from an air carrier outside the usual time of transfer of passenger name record data;

2) request from the passenger information unit of another Member State of the European Union that they obtain passenger name record data from an air carrier outside the usual time of transfer of passenger name record data;

3) transfer passenger name record data to the competent authority of another Member State of the European Union under a relevant request.

(4) In exceptional cases when access to passenger name record data is necessary for preventing or detecting a criminal offence provided in subsection 2 of § 126¹⁸ of the Code of Criminal Procedure, for determining and countering a threat related to such criminal offence and for eliminating a disturbance, a competent authority may request passenger name record data directly from the passenger information unit of another Member State of the European Unit. A copy of that request is sent to the national passenger information unit.

§ 25⁶. Transfer of passenger name record data to third country

(1) The passenger information unit transfers passenger name record data to a third country on a case-by-case basis if:

1) the third country submits a reasoned request;

2) such transfer is necessary for the purposes provided in subsection 4 of § 25⁴ of this Act;

3) the conditions laid down in §§ 46–48 of the Personal Data Protection Act are met; and

4) the third country confirms that it will not transfer received passenger name record data to another third country without the authorisation of the provider of the passenger name record data, except when it is strictly necessary for the prevention of a criminal offence provided in subsection 2 of § 126¹⁸ of the Code of Criminal Procedure.

(2) The data protection officer of the passenger information unit must be informed each time passenger name record data is transferred to a third country.

(3) The Estonian Data Protection Inspectorate must be promptly informed when passenger name record data is transferred under subsection 2 of § 46 of the Personal Data Protection Act.

§ 25⁷. ABIS database

(1) The ABIS database is an electronic database the objective of which, for the purposes of this Act, is to process biometric data obtained by fingerprinting a police officer who services scenes of event or who comes into contact with objects of analysis or examination for the purposes of eliminating the traces left by the police officer on objects of analysis or examination.

(2) Biometric data obtained by fingerprinting a police officer who services scenes of event or who comes into contact with objects of analysis or examination may only be processed for the purposes referred to in subsection 1 of § 45¹ of this Act.

(3) The ABIS database is founded and its statutes are established by a regulation of the Government of the Republic.

(3¹) The statutes of the ABIS database provide for the procedure for the maintenance of the ABIS database, including:

1) providers of data and data obtained from them;

2) more detailed composition of data;

3) data exchange between databases;

4) the duties of the controller;

5) the processor and their duties;

6) the procedure for granting access to the data and for the issue of the data;

7) the specific periods of retention of the data;

8) other organisational issues.

(4) The data controllers of the ABIS database are the Police and Border Guard Board and the Estonian Forensic Science Institute.

(6) Data in the ABIS database is subject to restriction on access and has been classified as information for internal use.

§ 25⁸. Tasks of single point of contact

As the single point of contact specified in subsection 1 of § 508⁸⁶ of the Code of Criminal Procedure (hereinafter single point of contact), the Police and Border Guard Board performs the following tasks:

1) organises the exchange of information between Member States of the European Union and with Europol in accordance with Division 10 of Subchapter 8 of Chapter 19 of the Code of Criminal Procedure (hereinafter in this Chapter information exchange);

2) registers and stores information exchange;

3) ensures the collection of statistics on information exchange and the due transmission thereof to the European Commission.

§ 25⁹. Workflow system

(1) The single point of contact organises information exchange, registers and stores it, and ensures the collection of statistics on information exchange in a single electronic workflow management system (hereinafter workflow system).

(2) The controller of the workflow system is the Police and Border Guard Board.

(3) The rules for maintaining the workflow system are established by a regulation of the minister in charge of the policy sector, which among other things provide for:

1) the purpose of maintaining the workflow system;

2) the processor;

3) the tasks of the controller and the processor;

4) access to data;

5) logging;

6) the procedure for the release of statistics.

§ 25¹⁰. Data in workflow system

(1) The following data concerning the response to a request for information from the single point of contact or a law enforcement authority of another Member State of the European Union under Subdivision 2 of Division 10 of Subchapter 8 of Chapter 19 of the Code of Criminal Procedure must be entered in the workflow system:

1) data concerning the request;

2) personal data listed in Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, pp 53–114);

3) information on whether the request is urgent and, if so, the reasons therefor;

4) information on deficiencies in the request, if any;

5) information on explanations and specifications concerning the request, if these are requested;

6) data concerning the response to the request;

7) information on whether the request has been responded to within the time limit and, if not, the circumstances of the delay;

8) in the event of refusal to transmit information, data concerning the refusal;

9) data concerning the transmission of a copy of the response to the request;

10) information exchanged between the single point of contact and the investigative authority concerning the request.

(2) The following data concerning the submission of a request for information by the single point of contact or an investigative authority under Subdivision 3 of Division 10 of Subchapter 8 of Chapter 19 of the Code of Criminal Procedure must be entered in the workflow system:

1) data concerning the request;

2) personal data listed in Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council;

3) data concerning the transmission of a copy of the request;

4) information on whether the request is urgent and, if so, the reasons therefor;

5) information on deficiencies in the request, if any;

6) information on explanations and specifications concerning the request, if these are requested;

7) information exchanged between the single point of contact and the investigative authority concerning the request.

(3) The following data concerning the own-initiative transmission of information by the single point of contact or an investigative authority under Subdivision 4 of Division 10 of Subchapter 8 of Chapter 19 of the Code of Criminal Procedure must be entered in the workflow system:

1) data concerning the transmitted information;

2) personal data listed in Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council;

3) data concerning the transmission of a copy of the information.

(4) The following data concerning the transmission of information to Europol under Subdivision 5 of Division 10 of Subchapter 8 of Chapter 19 of the Code of Criminal Procedure must be entered in the workflow system:

1) data concerning the transmitted information;

2) personal data listed in Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council;

3) data concerning the transmission of a copy of the information;

4) information exchanged between the single point of contact and the investigative authority concerning the transmission of information.

§ 25¹¹. Retention of data in workflow system

(1) Personal data relating to information exchange are retained in the workflow system for up to two years as of the conclusion of the information exchange, taking into account the specifications provided in this section.

(2) Personal data relating to information exchange may be retained in the workflow system for more than two years as of the conclusion of the information exchange for as long as an active wanted notice or other alert concerning the data subject exists in the police database, the national register of the Schengen Information System or Interpol databases.

(3) The single point of contact assesses the necessity and proportionality of continuing the processing of personal data relating to information exchange in the workflow system for the first time within six months as of the conclusion of the information exchange and subsequently on a regular basis at least every six months. After each assessment stage, the data in respect of which it was not necessary to process the related information are deleted.

§ 26

–

§ 33. Police service

(1) Police service is deemed service in the Police and Border Guard Board, the Estonian Internal Security Service or an institution of professional higher education for public defence in the position of a police officer.

(2) Police service is a special type of public service.

§ 34. Police officer

(1) A police officer is a person in the service of the Police and Border Guard Board, the Estonian Internal Security Service or an institution of professional higher education for public defence in the position of a police officer.

(2) A border guard official in the border guard service on the basis of the Border Guard Service Act and a police officer in the police service on the basis of the Police Service Act up to the entry into force of this Act is deemed a police officer for the purposes of this Act if they are appointed to the position of a police officer on the basis of this Act.

§ 35. Position of police officer

(1) The position of a police officer is a position within the staff of an institution or a non-staff position working in which is police service (hereinafter position).

(2) Only a student acquiring vocational education on the basis of secondary education and a student acquiring professional higher education in an institution of professional higher education for public defence in the specialty of the police or border guard in full-time studies may be appointed to the position of a non-staff police officer for the duration of their practical training.

§ 36. Service rank

(1) The service rank of a police officer is the title given to the police officer in the name of the Republic of Estonia.

(2) A required period of service is established for a service rank (hereinafter period of service for service rank).

§ 36¹. Bases for calculation of length of police service

(1) The length of police service includes:

1) the period of service in the position of a police officer;

2) the period of service as a specialised diplomat if it was immediately preceded or followed by service in the position of a police officer;

3) the period of service which was organised on the basis of §§ 18¹ and 52 of the Police Service Act;

4) the period of service which was organised on the basis of § 35 of the Border Guard Service Act;

5) the period of service on the basis of § 66 of this Act valid until 31 December 2011 and on the basis of Subchapter 4¹ of Chapter 5 of this Act valid as of 1 January 2012 if it was followed by service in the position of a police officer or retirement on a police officer's pension;

6) the period of study in an institution of higher professional education for public defence in the specialty of the police, pre-trial investigation or border guard if it was followed by service in the position of a police officer;

7) the period of time spent in conscript service or active service in the Defence Forces or in alternative service in Estonia if it was followed by service in the position of a police officer.

(2) Period of service as a prosecutor after 1 July 2004 is included in the length of police service and it grants the right to a superannuated pension provided in this Act if the length of police service prior to the period of prosecutor's service was at least five years.

(2¹) The length of police service of a police officer transferred to the Financial Intelligence Unit on the basis of subsection 9 of § 98¹ of the Money Laundering and Terrorist Financing Prevention Act includes their period of service in the Financial Intelligence Unit starting from 1 January 2021. The length of police service also includes a period of service when the official of the Financial Intelligence Unit is transferred to another authority on the basis of § 33 of the Civil Service Act to a position that requires the professional training of a police officer.

(3) Regarding a person who was in the border guard service on the basis of the Border Guard Service Act and who was appointed to the position of a police officer upon the entry into force of the Police and Border Guard Act on 1 January 2010, the length of the border guard service as at 31 December 2009 calculated on the basis of § 42 of the Border Guard Service Act is included in the length of police service.

(3¹) The length of police service of an active serviceman accepted for active service on the basis of subsection 1 of § 39¹⁰ of the Military Service Act Implementation Act includes their period of active service starting from 1 January 2023.

(3²) Regarding an official released from the police service and transferred to a civil service post in the Defence Forces and regarding an employee released from the police service who has entered into an employment contract for employment in the Defence Forces on the basis of subsection 1 or 2 of § 39¹¹ of the Military Service Act Implementation Act, the length of their police service includes uninterrupted time of work at the civil service post in the Defence Forces or in the employment of the Defence Forces, respectively, starting from 1 January 2023.

(4) Regarding a person who was in the police service on the basis of the Police Service Act and who was appointed to the position of a police officer upon the entry into force of the Police and Border Guard Act on 1 January 2010, the length of police service as at 31 December 2009 calculated on the basis of subsections 1–4 of § 21² of the Police Service Act is included in the length of police service.

(5) The length of service of a person who was appointed to the position of a police officer under the Police and Border Guard Act and who was released from the border guard service or police service before 1 January 2010, calculated on the basis of § 42 of the Border Guard Service Act or on the basis of subsections 1–4 of § 21² of the Police Service Act, is included in the length of police service. The length of service is calculated as at the date of release from the last service.

(6) The length of police service includes the period of service as a police officer or as a preliminary investigator or senior preliminary investigation official of the National Pre-Trial Investigation Board of the Republic of Estonia from 1 March 1991 until 1 September 1994 multiplied by three by way of preferential arrangement.

(7) The length of police service is calculated in years, months and days. Upon calculating the amount of pension, the length of police service of at least six months is rounded up to a full year and the length of police service of less than six months is ignored.

§ 37. Cadet

A cadet is a student acquiring vocational education on the basis of secondary education and a student acquiring professional higher education in an institution of professional higher education for public defence in the specialty of the police or border guard in full-time studies, who is not in the police service.

§ 37¹. Uniform and identification

(1) A police officer and a cadet are given a uniform and identification.

(2) A uniform of a police officer may be given to the following officials and employees of the Police and Border Guard Board not specified in subsection 1 of this section:

1) officials and employees in a house of detention;

2) customer service providers;

3) officials and employees ensuring passage in a building;

4) officials performing duties arising from the Obligation to Leave and Prohibition on Entry Act;

5) band members.

(3) The distinguishing marks on the uniform of officials and employees listed in subsection 2 of this section are provided for by a regulation specified in subsection 8 of this section.

(4) The posts specified in subsection 2 of this section, the officials and employees appointed to which are given a uniform of a police officer, are decided by the Director General of the Police and Border Guard Board.

(5) A police officer must present identification to a person with regard to whom they are performing a function. A police officer in a police uniform must present identification to the person only on the person's demand.

(6) A police officer may postpone the fulfilment of the obligation specified in subsection 5 of this section if it is unavoidably necessary for countering an immediate threat.

(7) A police officer does not have the obligation specified in subsection 5 of this section if the fulfilment thereof is not possible due to the nature or purpose of the function.

(8) The description of the uniform of a police officer and of the distinguishing marks are established by a regulation of the minister in charge of the policy sector. The positions, a police officer appointed to which is not given a uniform, are decided by the Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service.

(8¹) A police officer who performs the duties specified in clause 8 of subsection 1 of § 3 of this Act and who is not granted a uniform of a police officer may be paid compensation.

(8²) The procedure for the payment of compensation for the uniform of a police officer and the limits of compensation are established by the Director General of the Police and Border Guard Board.

(9) The description and form of the identification are established by a regulation of the minister in charge of the policy sector.

§ 38. General requirements for employment in service

An Estonian citizen who has at least secondary education and full active legal capacity and who is proficient in Estonian to the extent established by law or legislation issued on the basis of the law and who meets the health requirements and requirements for professional qualification of a police officer may be employed in service as a police officer.

§ 39. Requirements for professional qualification of police officer

(1) A police officer must meet the requirements for professional qualification of a police officer, including requirements for physical preparation and education.

(2) The requirements for professional qualification of a police officer, and the conditions and procedure for the verification thereof are established by a regulation of the minister in charge of the policy sector.

§ 40. Persons not to be employed in police service

The following are not employed in service:

1) a person who has been punished for an intentionally committed criminal offence, irrespective of whether the information concerning punishment has been deleted;

2) a person who has been sentenced to imprisonment, irrespective of whether the information concerning punishment has been deleted;

3) a person who is a suspect or accused in criminal proceedings;

4) a person who has been released from public service due to commission of a disciplinary offence and less than a year has passed from the release from service;

5) a person who receives a pension, remuneration or other regular compensation from a state which is not a Member State of the European Economic Area or the Swiss Confederation or which does not belong to the North Atlantic Treaty Organisation;

6) a person who has been punished for an offence which includes the necessary elements of an act of corruption specified in the Anti-Corruption Act;

7) a person with restricted active legal capacity;

8) a person whose state of health does not meet the requirements established on the basis of § 71 of this Act;

9) a person who knowingly presented false information in the personal data form or withheld significant information.

§ 41. Medical surveillance of person applying for employment in police service or acceptance to studies in specialty of police officer

A person applying for employment in the police service or acceptance to studies in the specialty of a police officer must undergo a medical surveillance prescribed for a police officer.

§ 42. Background check of applicant for police service and of police officer

(1) A person applying for employment in the police service must submit a personal data form to the Police and Border Guard Board or the Estonian Internal Security Service. The personal data form requires data which enables the assessment of the person’s suitability for service. In addition, data concerning relatives and relatives by marriage (parents, sister, brother, children, spouse, former spouse, registered partner, former registered partner), and also the given name and surname, personal identification code (in the absence of a personal identification code, date and place of birth) and contact information of a partner in a relationship resembling marriage may be required.

(2) The format of the personal data form of a person applying for employment in the police service and the period of retention of the data requested in the personal data form are established by a regulation of the minister in charge of the policy sector.

(3) For the verification of the data presented in the personal data form, the Director General of the Estonian Internal Security Service, the rector of the Estonian Academy of Security Sciences or the Director General of the Police and Border Guard Board, or an official authorised by them have the right to:

1) address state authorities and local government authorities, and also natural and legal persons with an inquiry concerning the personal data of a person applying for employment in service;

2) talk to the person specified in the personal data form, and also to their employer and representatives of their educational institution and other persons in order to determine the applicant's moral character and other personal characteristics and, where necessary and with the consent of the person being questioned, take their statement in writing;

3) verify whether the person specified in the personal data form has been punished for an intentionally committed criminal offence, whether the person has been sentenced to imprisonment or whether they are a suspect or an accused in criminal proceedings;

4) verify personal data from the database of the state, local government or another legal person in public law or legal person in private law;

5) process personal data addressed to the public and available from public sources.

(4) The authority or person who has received an inquiry specified in subsection 3 of this section must reply to the inquiry immediately but within ten working days at the latest as of the receipt of the inquiry.

(4¹) A fact established in collection of data for deciding on employment of a person in service may provide a basis for refusing to employ the person in service.

(4²) The reasons for refusal and the fact which serves as the basis for refusal specified in subsection 4¹ of this section are not disclosed insofar as may be inevitably necessary in order to ensure:

1) national security;

2) national defence;

3) public order;

4) countering, discovery or processing of an offence or enforcement of a sanction;

5) protection of a data subject or protection of the rights and freedoms of other persons.

(4³) The Police and Border Guard Board or the Estonian Internal Security Service may also verify the suitability of a police officer for police service during their service where there is reasonable doubt that there are circumstances that would preclude the person's employment in police service.

(5) The provisions of this section also extend to a person who is applying for acceptance to vocational education studies or professional higher education studies in the specialty of the police or border guard, or for the position of a police officer in an institution of professional higher education for public defence. Personal data for deciding on the suitability for police service of the said person are collected by the Police and Border Guard Board.

§ 43. Appointment of police officer to position

(1) A police officer is employed in service by appointment to position.

(2) The Director General of the Police and Border Guard Board is appointed to position for a term of five years by the Government of the Republic on the proposal of the minister in charge of the policy sector after having heard the opinion of the Legal Affairs Committee of the Riigikogu.

(3) As the Director General of the Police and Border Guard Board may be appointed a person who has long-term experience in heading a large organisation or long-term managerial experience in the Ministry of the Interior, the Ministry of Justice and Digital Affairs, the Ministry of Defence, the Police and Border Guard Board, the Estonian Internal Security Service, the Estonian Foreign Intelligence Service, the Rescue Board, the Tax and Customs Board, the Prosecutor's Office, the prison service or a court.

(4) The Director General of the Estonian Internal Security Service is appointed to position for a term of five years by the Government of the Republic on the proposal of the minister in charge of the policy sector after having heard the opinion of the Legal Affairs Committee of the Riigikogu and of the Security Authorities Surveillance Select Committee of the Riigikogu.

(5) As the Director General of the Estonian Internal Security Service may be appointed a person who has been employed, prior to the appointment to position, for at least three years as the Director General, a Deputy Director General or the head of a structural unit of the Police and Border Guard Board or the Estonian Internal Security Service or the head of a surveillance authority, or as the Secretary General, a Deputy Secretary General or the head of a structural unit of the Ministry of the Interior, or as the head, deputy head or a head of department of a government authority within the area of government of the Ministry of the Interior, or as a foreman of a court, as a leading prosecutor, as a leading public prosecutor or as the Prosecutor General or for at least five years as the head or deputy head of another state authority.

(6) The Deputy Director Generals of the Estonian Internal Security Service is appointed to position by the minister in charge of the policy sector on the proposal of the Director General of the Estonian Internal Security Service. Other police officers of the Estonian Internal Security Service are appointed to position by the Director General of the Estonian Internal Security Service.

(7) A Deputy Director General and a prefect of the Police and Border Guard Board are appointed to position by the minister in charge of the policy sector on the proposal of the Director General of the Police and Border Guard Board. The head of the structural unit training police officers of an institution of professional higher education for public defence is appointed to position by the minister in charge of the policy sector on the proposal of the rector of the Estonian Academy of Security Sciences after having heard the opinion of the Director General of the Police and Border Guard Board.

(8) The requirements set for a Deputy Director General and a prefect of the Police and Border Guard Board are established by a regulation of the minister in charge of the policy sector.

(9) The head of a bureau of the Police and Border Guard Board is appointed to position by the Director General of the Police and Border Guard Board.

(10) A person graduating from an institution of professional higher education for public defence in the specialty of the police or border guard is appointed to position by the person having the right to appoint to office.

(11) Police officers of an institution of professional higher education for public defence, except for the head of the structural unit training police officers of an institution of professional higher education for public defence, are appointed to position by the rector of the Estonian Academy of Security Sciences on the proposal of the head of the structural unit training police officers of an institution of professional higher education for public defence.

(12) A police officer may be appointed to position without public competition.

§ 44. Term of service

(1) A police officer is appointed to a vacant position on the staff of an authority for an unspecified term, except in the cases provided in subsection 2 of this section.

(2) The following are appointed to position for a specified term:

1) the Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service – for five years;

1¹) a Deputy Director General of the Police and Border Guard Board and a Deputy Director General of the Estonian Internal Security Service – for five years;

2) a prefect, the head of a regional department of the Estonian Internal Security Service and the head of the structural unit training police officers of an institution of professional higher education for public defence – for five years;

3) a faculty member of an institution of professional higher education for public defence who is a police officer – for up to five years.

(3) The following may be appointed to position for a specified term:

1) a police officer who has other higher education or vocational education but who lacks professional training – for the term prescribed for completing professional training;

2) a police officer who does not have professional education or other higher or vocational education, to a position of a specialist – for the term of obtaining professional higher or vocational education;

3) a police officer - for the term of performing a function of temporary nature; and a cadet – for the term of practical training.

(4) Term of service is calculated in months and years.

§ 45. Oath of police officer

(1) A person entering the police service for the first time must take the following oath of office:

'Upon entry into the police service, I, (given name and surname), take an oath to be loyal to the constitutional order of Estonia, comply unwaveringly with legislation and use the authority given to me in a just and impartial manner, and perform the duties in an honest and conscientious manner.'

(2) The oath of office is administered by the minister in charge of the policy sector or the Director General of the Police and Border Guard Board or an official authorised thereby or the Director General of the Estonian Internal Security Service or an official authorised thereby.

(4) The police officer taking the oath of office reads out the oath of office and signs the text of the oath of office.

(5) The signed oath of office is preserved together with the service record.

(6) A cadet must take the oath of office before the first practical training.

§ 45¹. Fingerprinting of police officer and taking of DNA sample from them

(1) A police officer servicing scenes of event or a police officer who comes into contact with objects of analysis or examination is fingerprinted and a DNA sample is taken from them for the purposes of eliminating the traces left by the police officer on objects of analysis or examination.

(1¹) When fingerprinting, fingerprints from both hands and palm prints and writer’s palm prints are taken from a police officer.

(2) A list of positions where the police officer is fingerprinted and from whom a DNA sample is taken is established by an administrative act of the Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service.

(3) Biometric data obtained by fingerprinting a police officer are entered in the automated biometric identification system database, and psedonymised biographical data of the police officer and data concerning the taking of dactyloscopic data and data concerning collecting of their DNA sample and data obtained by analysis thereof are entered in the national offence proceedings biometrics database.

(4) The information obtained as a result of fingerprinting a police officer and analysing their DNA sample is deleted from the national databases after three years have passed from the release of the police officer from the police service. The Police and Border Guard Board and the Estonian Internal Security Service notify the Estonian Forensic Science Institute of the need to delete from the national databases the information concerning the police officer.

(5) The procedure for fingerprinting a police officer and taking a police officer's DNA sample and forwarding the dactyloscopic data and DNA samples under this section is established by a regulation of the minister in charge of the policy sector.

§ 46. Service record of police officer

(1) In addition to that provided in subsection 4 of § 124 of the Civil Service Act, the following information is entered in the service record of a police officer:

1) date and place of birth;

2) education and area of specialisation;

3) date and place of taking of the oath of police officer;

4) length of police service;

5) grant of and change in service rank;

6) incentives, including concerning national decorations.

(2) The procedure for keeping the service record of a police officer and the period of retention of the service record are established by a regulation of the minister in charge of the policy sector.

§ 47. Formalising appointment to position

In addition to that provided in subsection 1 of § 26 of the Civil Service Act, the following information is entered in the administrative act of appointment of a police officer to position:

1) service rank of the person being appointed to position;

2) length of police service or absence thereof on the date of appointment to position.

§ 48. Positions and service ranks

(1) Positions are positions of a specialist and positions of an executive officer.

(2) The positions of a specialist in ascending order are:

1) position of a Junior Specialist;

2) position of a Senior Specialist;

3) position of a Leading Specialist; and

4) position of a Chief Specialist.

(3) The service ranks in ascending order are:

1) Junior Constable, Junior Assistant, Junior Inspector;

2) Constable, Assistant, Inspector, Junior Warrant Officer;

3) Senior Constable, Senior Assistant, Senior Inspector, Warrant Officer;

4) Chief Constable, Chief Assistant, Chief Inspector, Senior Warrant Officer;

5) Superintendent, Chief Warrant Officer;

6) Senior Superintendent;

7) Police Lieutenant;

8) Police Captain;

9) Police Major;

10) Police Lieutenant Colonel;

11) Police Colonel;

12) Inspector General of Police; and

13) Police General.

(4) The service rank of a Junior Warrant Officer, Warrant Officer, Senior Warrant Officer and Chief Warrant Officer is the service rank of the position of a specialist only on vessels.

(5) The service rank of a Junior Assistant, Assistant, Senior Assistant and Chief Assistant is only the service rank of the position of a specialist of the Estonian Internal Security Service.

§ 49. Service ranks of position of specialist

(1) The service ranks of the position of a Junior Specialist are:

1) Junior Constable, Junior Assistant, Junior Inspector;

2) Constable, Assistant, Inspector, Junior Warrant Officer; and

3) Senior Constable, Senior Assistant, Senior Inspector, Warrant Officer.

(2) The service ranks of the position of a Senior Specialist are:

1) Constable, Assistant, Inspector, Junior Warrant Officer;

2) Senior Constable, Senior Assistant, Senior Inspector, Warrant Officer;

3) Chief Constable, Chief Assistant, Chief Inspector, Senior Warrant Officer;

4) Superintendent, Chief Warrant Officer; and

5) Senior Superintendent.

(3) The service ranks of the position of a Leading Specialist are:

1) Superintendent, Chief Warrant Officer;

2) Senior Superintendent;

3) Police Lieutenant; and

4) Police Captain.

(4) The service ranks of the position of a Chief Specialist are:

1) Senior Superintendent;

2) Police Lieutenant;

3) Police Captain;

4) Police Major; and

5) Police Lieutenant Colonel.

§ 50. Service ranks of position of executive officer

(1) The service ranks of the position of the head of a structural unit of the Police and Border Guard Board and the Estonian Internal Security Service not specified in subsections 2–4 of this section are:

1) Senior Superintendent;

2) Police Lieutenant;

3) Police Captain;

4) Police Major; and

5) Police Lieutenant Colonel.

(2) The service ranks of the position of the head of a structural unit of a bureau of the Police and Border Guard Board (except for the head of a structural unit of a bureau of a prefecture), of the head of a structural unit of an aviation group, of the head of a bureau of a prefecture, of the head of a police station and of the head of a structural unit of a regional department of the Estonian Internal Security Service are:

1) Police Captain;

2) Police Major; and

3) Police Lieutenant Colonel.

(3) The service ranks of a prefect, of the head of a structural unit of the Estonian Internal Security Service, of the head of a bureau of the Police and Border Guard Board and of an aviation group, and of the head of the structural unit training police officers of an institution of professional higher education for public defence are:

1) Police Major;

2) Police Lieutenant Colonel; and

3) Police Colonel.

(4) The service ranks of a Deputy Director General of the Police and Border Guard Board and of a Deputy Director General of the Estonian Internal Security Service are:

1) Police Lieutenant Colonel;

2) Police Colonel; and

3) Inspector General of Police.

(5) The service ranks of the Director General of the Police and Border Guard Board and of the Director General of the Estonian Internal Security Service are:

1) Police Colonel;

2) Inspector General of Police; and

3) Police General.

(6) The service ranks of the position of a deputy executive officer are the same as the service ranks of the position of an executive officer.

§ 51. Grant of service rank upon appointment to position upon employment in police service

(1) Upon appointment to position upon employment in the police service, a police officer is granted, in general, the service rank which is the lowest of the service ranks of the relevant position.

(2) If upon employment in the police service to a position is appointed a person who has been employed in the police service and who has been granted a service rank on the basis of this Act or who has been promoted in their service rank and whose service rank of a police officer is higher than the lowest service rank of that position, they will, in general, resume the police service with the current service rank.

(3) Upon appointment to position upon employment in the police service, a police officer may be granted a service rank higher than the lowest service rank of that position if it arises from the nature of the service and is necessary for the performance of functions in that position.

§ 52. Change in service rank

Change in a service rank is promotion or demotion in the service rank.

§ 53. Promotion in service rank of police officer

(1) Promotion in the service rank of a police officer is grant of a higher service rank than the current service rank to the police officer.

(2) The conditions of promotion in the service rank of a police officer are the following:

1) the police officer has obtained the education corresponding to the necessary level;

2) the police officer has met the requirements for professional qualification of a police officer; and

3) the service of the police officer is impeccable.

(3) A police officer may be promoted in the service rank if:

1) they have fulfilled the conditions of promotion in the service rank;

2) the service ranks of the position enable promotion; and

3) the period of service for their service rank has expired.

(4) In general, a police officer is promoted in the service rank by one rank.

(5) A police officer may be promoted in the service rank by more than one service rank if it arises from the nature of the service and is necessary for the performance of functions in that position.

(6) A police officer may be promoted in the service rank regardless of the expiry of the period of service for the service rank if it arises from the nature of the service and is necessary for the performance of functions in that position.

(7) A police officer may be promoted in the service rank up to the highest service rank of their position.

(7¹) A police officer appointed to or employed in a position in an international organisation or a position created within the framework of international co-operation or participating in an international civil mission may be promoted in service rank regardless of subsections 2–7 and 8 of this section for the duration of their service or employment in the position in the international organisation or in the position created within the framework of international co-operation or participation in the international civil mission if it is necessary for the performance of functions or duties.

(8) A police officer is not promoted in the service rank during the time the police officer is serving a disciplinary punishment.

§ 54. Period of service for service rank

(1) The period of service for a rank is:

1) three years from the service rank of a Junior Constable, Junior Assistant and Junior Inspector to the service rank of a Police Captain, and

2) four years from the service rank of a Police Major to the service rank of a Police General.

(2) The period of service for a rank is calculated from the date determined in the administrative act granting a service rank or administrative act of promotion in service rank.

(3) The period of service for a rank includes the time when the right of the police officer to exercise public authority was suspended.

(4) The period of service for a rank does not include the time when the police officer was demoted in service rank.

(5) The period of temporary promotion in service rank is included in the period of service for a rank of the police officer before the temporary promotion in service rank.

§ 55. Demotion in service rank of police officer

(1) Demotion in the service rank of a police officer is grant of the next service rank in descending order after the current service rank to a police officer.

(2) A police officer may be demoted in service rank only as a disciplinary punishment.

(3) The service rank is restored after the passing of one year from the demotion in service rank.

§ 56. Competence to grant service rank of police officer and to change service rank

(1) The minister in charge of the policy sector grants and changes the service ranks of police officers who are appointed to office by the Government of the Republic or the minister in charge of the policy sector.

(2) The service ranks of police officers not specified in subsection 1 of this section are granted and changed by the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service and the rector of an institution of professional higher education for public defence, respectively, unless otherwise prescribed by this Act.

(3) In the situation referred to in subsection 1 of § 51 of this Act, the service rank is granted by a person who has the right to appoint to office.

(4) If pursuant to subsection 3 of § 51 of this Act it is justified to grant to a police officer upon their appointment to position upon employment in the police service a service rank higher than the lowest service rank of that position, then that service rank is granted to the police officer by the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service or the rector of an institution of professional higher education for public defence, respectively.

(5) If pursuant to subsection 5 of § 53 of this Act it is justified to promote a police officer in the service rank by more than one service rank at a time, the police officer is promoted in the service rank by the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service or the rector of an institution of professional higher education for public defence, respectively.

(6) If pursuant to subsection 3 of § 58 of this Act it is justified, upon transfer to a position, to promote a police officer in the service rank to the lowest service rank of that position, the police officer is promoted in the service rank by the person having the right to appoint to office. In other cases provided in subsection 3 of § 58 of this Act a police officer is promoted in the service rank by the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service or the rector of an institution of professional higher education for public defence, respectively.

§ 57. Transfer to position without police officer's consent

(1) A police officer may be transferred without their consent in the same authority to such a position, one service rank of which corresponds to their service rank of a police officer if it does not bring about a change in their place of residence.

(2) A police officer in the position of a specialist may be transferred on the conditions specified in subsection 1 of this section to a position which is not lower by more than one position from the police officer's current position in the list provided in subsection 2 of § 48 of this Act.

(3) A police officer in the position of an executive officer may be transferred on the conditions specified in subsection 1 of this section only to a position of an executive officer, of a Chief Specialist or of a Leading Specialist.

(4) The person having the right to transfer is required to notify the police officer of the transfer to another position without their consent in writing at least one month in advance.

(5) A police officer who was transferred is paid their former wages if the wages in the new position are lower than their former wages.

§ 58. Transfer to position with police officer's consent

(1) A police officer may be transferred to a position, the service rank of which does not correspond to their service rank of a police officer only with their consent.

(2) If a police officer is transferred to a position, the lowest service rank of which is higher than their service rank of a police officer, their service rank of a police officer remains, in general, the same and they are promoted in the service rank pursuant to the general procedure.

(3) If a police officer is transferred to a position, the lowest service rank of which is higher than their service rank of a police officer, the police officer may be promoted in the service rank, irrespective of the period of service for their current service rank, to meet the lowest service rank of that position or a higher service rank if it arises from the nature of the service and is necessary for the performance of functions in that position.

(4) If a police officer is transferred to a position, the highest service rank of which is lower than their service rank of a police officer, the police officer is not demoted in the service rank, but the latter will remain the same.

(5) An official who has been employed in service in the position of the head of a structural unit in the Police and Border Guard Board, in the Estonian Internal Security Service or of the structural unit training police officers of an institution of professional higher education for public defence may be appointed or transferred only to the position of an executive officer, of a Chief Specialist or of a Leading Specialist.

§ 58¹. Transfer to another position or removal from service of suspect or accused in criminal proceedings

(1) Where a police officer is a suspect or an accused in criminal proceedings, the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service or the Rector of the Estonian Academy of Security Sciences may decide to:

1) transfer the police officer, with their consent, to another position for the duration of the criminal proceedings; or

2) remove the police officer from service for the duration of the criminal proceedings.

(2) Where the police officer does not consent to their transfer according to clause 1 of subsection 1 of this section, the police officer is removed from service for the duration of the criminal proceedings.

(3) The transfer to another position or removal from service of a police officer provided in subsection 1 of this section is formalised in an administrative act.

(4) While the police officer is removed from service under clause 2 of subsection 1 of this section, they are paid 60 per cent of their average wage a month but no less than the minimum wage established on the basis of subsection 5 of § 29 of the Employment Contracts Act.

(5) Where the police officer's guilt is not proved to an extent that would result in their release from the police service, they are paid their unpaid wage afterwards promptly after the repeal of the administrative act for removal from service.

§ 60. Legal status of cadet

(1) For the duration of practical training, a cadet is appointed to the position of a non-staff police officer under clause 3 of subsection 3 of § 44 of this Act. During practical training, the provisions of §§ 44, 45, 48–51 and 53–60 and Chapter 8 of the Civil Service Act, Chapter 2¹ of this Act and Chapter 5 of the Law Enforcement Act as well as §§ 71, 74, 76–78¹ and 83–85 of this Act are extended to the cadet.

(2) Social guarantees, rights and liability pursuant to Chapter 2¹ of this Act and Chapter 5 of the Law Enforcement Act, §§ 71, 74, 76–78¹ and 83–85 of this Act and § 49 and Chapter 8 of the Civil Service Act prescribed for a police officer are extended to the cadet if they were involved by an administrative act or if they commenced performance of functions of the police on their own initiative or at the request of a victim.

(3) The basis for calculating the benefit prescribed in § 49 of the Civil Service Act is the lowest rate of the lowest basic wage range of a police officer applicable on the date the cadet was killed or injured.

(4) A cadet is paid a scholarship, including during practical training. No remuneration is paid for the period of practical training. The amount of scholarship and the terms and conditions and the procedure for the payment thereof are established by a regulation of the minister in charge of the policy sector.

§ 61. Police officer guarantees of police officer working and studying in institution of professional higher education for public defence

(2) A police officer who is in the service in an institution of professional higher education for public defence for a specified period of time resumes, upon the expiry of the period of time, their police service in the position in which they served prior to the appointment to the position of a police officer in the institution of professional higher education for public defence, or they are transferred to a position, one service rank of which corresponds to their service rank of a police officer.

(3) For the transfer specified in subsection 2 of this section to a position, one service rank of which corresponds to the police officer's service rank of a police officer, the consent of the police officer is not required.

(4) The right of a police officer referred to full-time studies in an institution of professional higher education for public defence in the specialty of the police or border guard to exercise public authority is suspended for the duration of the studies and their wages of a police officer are retained during the studies.

§ 63. Police officer's appointment to and employment in another position in governmental authority, in authority administered by governmental authority and in international organisation

(1) A police officer may, with their consent, be appointed to or employed in a position in a governmental authority, in an authority administered by a governmental authority or in an international organisation, or appointed to or employed in a position created within the framework of international co-operation, including participation in an international civil mission, which requires professional training of a police officer but is not a position of a police officer (hereinafter in this Subchapter another position). Another position for the purposes of this Subchapter is also a position in a governmental authority, in an authority administered by a governmental authority or in an international organisation, or a position created within the framework of international co-operation, which requires professional training of a police officer but is not a position of a police officer if the police officer has been transferred thereto during service or employment in the host authority.

(2) An authority where the right of the police officer to exercise public authority is suspended in connection with employment in service or employment in a position in a governmental authority, in an authority administered by a governmental authority or in an international organisation, or employment in service or employment in a position created within the framework of international co-operation is, for the purposes of this Subchapter, a posting authority (hereinafter in this Subchapter posting authority).

(3) A governmental authority, an authority administered by a governmental authority or an international organisation where the police officer is employed or is employed in service in another position is, for the purposes of this Subchapter, a host authority (hereinafter in this Subchapter host authority).

§ 64. Term of service and employment of police officer in host authority in another position

(1) The term of service and employment of a police officer in a host authority in another position is subject to subsection 4 of§ 33 of the Civil Service Act, unless otherwise provided by this Act.

(2) The term of service of a police officer appointed to or employed in a position in an international organisation or a position created within the framework of international co-operation or participating in an international civil mission may be extended more than once if it is necessary for the performance of functions or duties.

§ 65. Suspension of right of police officer to exercise public authority in connection with appointment to or employment in another position in host authority

(1) In case a police officer is appointed to or employed in another position, their right to exercise public authority is suspended until the police officer returns to their position or is released from the police service.

(2) In case of appointment of a police officer to position or employment in another position, the police officer may be transferred, prior to the suspension of their right to exercise public authority and without their consent, within the same authority to a position of a posted police officer.

(3) A position of a posted police officer for the purposes of this Act is a position of a police officer within the posts of the authority which a police officer is appointed to for the term of service or employment in a host authority.

(4) If the structure of the posting authority lacks a position of a posted police officer which corresponds to the police officer's current position in the posting authority and is a position of the same level, the police officer is not released from their current position and their right to exercise public authority in their current position is suspended.

(5) In the case the right of a police officer involved in an international civil mission to exercise public authority is suspended, the police officer will still have the right to use their identification in the host authority and carry a service weapon and wear a uniform if it is necessary for the performance of the mission tasks.

§ 66. Organisation of suspension of police officer's right to exercise public authority in relation to appointment to another position and employment in host authority

(1) In case a police officer is posted to another position, the host authority appoints the police officer to position or employs them, and the posting authority suspends their right to exercise public authority until the expiry of the term of their employment in the other position.

(2) The posting authority has a right to refuse to suspend the right of the police officer to exercise public authority.

(3) Subsection 2 of this section is not applied if the host authority is the Ministry of the Interior.

§ 67. Specifications of organisation of police officer's holiday

(1) If a police officer's right to exercise public authority is suspended in connection with appointment to or employment in another position in a host authority, their unused annual holiday is not compensated in money and the calculation of their holiday is subject to the provisions of subsection 13 of § 33 of the Civil Service Act.

(2) In the event provided in subsection 1 of this section, unused annual holiday may be compensated in money if the calculation of holiday cannot be continued in the host authority.

§ 67¹. Police officer's legal status during service and employment in another position in host authority

(1) A police officer whose right to exercise public authority has been suspended in connection with appointment to position or employment in another position in a host authority is a police officer, and the regulatory framework applicable to a police officer is applied with regard to them, taking into account the specifications arising from this Act and the nature of suspension of the right to exercise public authority.

(2) Subchapters 6 and 7 of Chapter 5 of this Act do not apply with regard to a police officer appointed to or employed in another position.

(3) The provisions of §§ 74 of this Act and 49 of the Civil Service Act are applied with regard to a police officer appointed to or employed in a position in an international organisation or in a position created within the framework of international co-operation.

§ 67². Organisation of service and employment of police officer in host authority

The regulatory framework applicable with regard to an official or employee of a host authority is applied with regard to the organisation of the service or employment of a police officer in the host authority, including with regard to their transfer from one position to another.

§ 67³. Police officer's basic wage in another position in host authority

(1) A police officer whose right to exercise public authority has been suspended in connection with appointment to or employment in another position in a host authority is paid by the host authority at the request of the police officer a basic wage equal to their last basic wage in a position of a police officer.

(2) The provisions of this section are not applied if the host authority is an international organisation, the wages management of which does not enable the application of the provisions of this section.

§ 67⁴. Change in service rank of police officer serving or employed in another position in host authority

(1) The provisions of Subchapter 3 of Chapter 5 of this Act are applied with regard to a police officer appointed to or employed in another position, taking into account the specifications provided in this section.

(2) While serving or being employed in another position in a host authority, the condition specified in clause 1 of subsection 2 of § 53 of this Act that the official must have obtained the education corresponding to the necessary level, and the condition specified in clause 2 of subsection 2 of the same section that the police officer must have met the requirements for professional qualification of a police officer are comprehended as requirements specified for the position in which the official serves or is employed in the host authority, and the corresponding requirements for the position of a police officer are not applied with regard to them.

(3) A condition for promotion in service rank is not the condition specified in clause 2 of subsection 3 of § 53 of this Act that the service rank approved for a position of a police officer in a posting authority or host authority enables promotion, but a police officer serving or being employed in a host authority may also be promoted in service rank in case their position of a police officer in which their right to exercise public authority has been suspended or from which they were transferred to the position of a posted police officer does not enable promotion.

(4) The Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service and the rector of an institution of professional higher education for public defence, respectively, have the right to change the service rank of a police officer serving or being employed in another position in a host authority, unless otherwise prescribed by this Act.

(5¹) The minister in charge of the policy sector has the right to change the service rank of a police officer serving or being employed in the Ministry of the Interior.

(7) Considering the nature of the functions of a police officer serving or employed in the Ministry of the Interior, the minister in charge of the policy sector may establish, by an administrative act, the highest service rank to which a police officer appointed to the relevant position or employment may be promoted in service rank.

§ 67⁵. Change in service rank of police officer and border guard official released from police service and border guard service prior to entry into force of this Act

(1) The provisions of Subchapter 3 of Chapter 5 and § 67⁴ of this Act are applied with regard to an official who was released from the police service under § 18¹ or § 52 of the Police Service Act or under § 15¹ of the Security Authorities Act, and with regard to an official who was released from the border guard service under § 35 of the Border Guard Service Act, taking into account the specifications provided in this section, if the official is still in service in that government authority or international organisation, in connection with appointment to which they were released from the police service or border guard service.

(2) The title of office of police officer or the border guard rank of border guard official of an official released from the police service or border guard service is deemed to correspond to the service rank of a police officer pursuant to the provisions of this Act.

(3) The period of service for the service rank of an official specified in subsection 1 of this section is calculated from the grant of their last title of office in the police service or from the grant of their last border guard rank in the border guard service.

(4) The period of service in that government authority or international organisation, in connection with appointment to which the official was released from the police service or border guard service is included in their period of service for the service rank of a police officer.

(5) An official appointed to a position in an international organisation or to a position or employment created within the framework of international co-operation may be promoted in service rank also in case they have been released from the police service or border guard service and they have been granted a pension on the basis of this Act, the Police Service Act, the Border Guard Service Act or the Defence Forces Service Act.

(6) In the case provided in subsection 5 of this section, the grant of or promotion in service rank after the grant of a pension does not affect the amount of the pension, and the decision on grant of pension is not reviewed.

§ 67⁶. Release of police officer from another position and cancellation of employment contract prior to expiry of term

A host authority may release a police officer from position or cancel their employment contract before the prescribed term by notifying the police officer and the authority which posted the police officer at least three months in advance, in general.

§ 67⁷. Resumption of police officer's right to exercise public authority in connection with release from another position

(1) Upon the release of a police officer from the service or employment in a host authority, the police officer resumes the police service in the posting authority or in another authority in a position of a police officer.

(2) If in the posting authority the police officer was transferred for the duration of the suspension of the right to exercise public authority to a position of a posted police officer, the posting authority transfers them to a position, one service rank of which corresponds to their service rank of a police officer. If the transfer to another position brings about a change in the police officer's place of residence, the police officer's consent is required for the transfer.

(3) If the posting authority lacks a position, one service rank of which corresponds to the police officer's service rank, the police officer resumes the police service in the position of a posted police officer until such a position becomes vacant or until they are transferred to a higher position in the posting authority.

(4) In case a position, one service rank of which corresponds to the police officer's service rank becomes vacant in the posting authority, the police officer is entitled to transfer to that position, except to a position of an executive officer.

(5) Only in the case the police officer's right to exercise public authority was suspended in the position of an executive officer or they were transferred to a position of a posted police officer from the position of an executive officer, they are entitled to a position of an executive officer of the same level.

(6) If several police officers are entitled to transfer to the same position under subsection 4 or 5 of this section and they wish to assume that position, the transfer is decided by the authority.

(7) Upon a police officer's release from service or employment in a host authority, the police officer may be transferred with their consent to another authority to a position of a police officer.

(8) A police officer is not entitled to transfer or employment in service in a vacant position, one service rank of which corresponds to the police officer's service rank, or to a higher or lower position in another authority.

(9) The provisions of §§ 57 and 58 are applied with regard to transfer to a vacant position provided in this section.

(10) The provisions of this section are also applied with regard to an official who was released from the police service under §§ 18¹ or 52 of the Police Service Act or under § 15¹ of the Security Authorities Act, and with regard to an official who was released from the border guard service under § 35 of the Border Guard Service Act if they are released from the service in that government authority or international organisation, in connection with appointment to which they were released from the police service or the border guard service, in connection with resumption of the police service.

§ 67⁸. Transfer of police officer from one host authority to another

(1) Upon a police officer's release from service or employment in a host authority, the police officer may, with their consent, be appointed to or employed in a position in another authority which requires the professional training of a police officer but is not a position of a police officer.

(2) In the case provided in subsection 1 of this section, the authority where the police officer's right to exercise public authority has been suspended is still regarded as a posting authority and the authority in which the police officer is appointed to another position as a host authority.

(3) In the case provided in subsection 1 of this section, the service or employment in another position in both host authorities is deemed uninterrupted service or employment in a host authority in another position.

(4) The provisions of this section are also applied with regard to an official who was released from the police service under §§ 18¹ or 52 of the Police Service Act or under § 15¹ of the Security Authorities Act, and with regard to an official who was released from the border guard service under § 35 of the Border Guard Service Act if they are released from the service in that government authority or international organisation, in connection with appointment to which they were released from the police service or the border guard service, in connection with appointment to another position in another authority.

§ 67⁹. Specification upon acting as undercover agent and police agent

A police officer acting as an undercover agent or a police agent does not bring about the suspension of their right to exercise public authority or their release from the position of a police officer, and the tasks performed by them as an undercover agent or a police agent are deemed functions.

§ 67¹⁰. Specification of calculation of period of service in case of service in Government Office or Ministry of the Interior

(1) The period of service in a position of a higher and senior official related to coordination of the work of security authorities in the Government Office or in a position of a higher or senior official in the Ministry of the Interior is included in the period of service of the position in which the police officer was employed prior to the appointment to the relevant position in the Government Office or the Ministry of the Interior.

(2) The guarantee specified in subsection 1 of this section is valid with regard to a person specified in that subsection as long as their period of service in a position of a higher and senior official related to coordination of the work of security authorities in the Government Office or in a position of a higher or senior official in the Ministry of the Interior has not been interrupted.

(3) The guarantee specified in subsection 1 of this section is extended to police officers who were released from the police service in connection with appointment to a position of a higher and senior official related to coordination of the work of the security authorities in the Government Office or in a position of a higher or senior official in the Ministry of the Interior prior to the entry into force of this Act.

§ 67¹¹. Competence

The competence to issue the administrative acts and take the administrative measures provided in §§ 63–67 and 67¹–67¹⁰ of this Act lies with the person entitled to appoint to that position in the relevant authority.

§ 68. Restrictions on service

A police officer may not be a member of a political party.

§ 69¹. Reimbursement of training expenses by cadet

(1) A person who is deleted from the matriculation register of an institution of professional higher education for public defence may be required to reimburse the educational expenses incurred by the state for their studies if the person:

1) discontinues the studies without good reason;

2) is deleted from the matriculation register due to unsatisfactory academic progress;

3) is deleted from the matriculation register due to committing a disciplinary offence;

4) does not commence employment in civil service within three months after graduation from the institution of professional higher education for public defence, unless the person cannot commence civil service for a good reason;

5) is released from civil service upon the entry into force of a judgment of conviction;

6) is released from civil service for a disciplinary offence or an act resulting in the loss of confidence by the employer;

7) is released from civil service without good reason at the person's request.

(2) A person who is deleted from the matriculation register of an institution of professional higher education for public defence is not required to reimburse the educational expenses incurred by the state for their studies if:

1) following deletion from the matriculation register the person is employed by an authority or serves in civil service for a period of time equal to one standard period of study;

2) the person is released from employment or service due to the need to care for a family member with no work ability or with a disability or a person of pensionable age who needs personal assistance or supervision;

3) the person continues their studies in a curriculum of the field of internal security in an institution of professional higher education for public defence.

(3) A notice of educational expenses is issued to a person deleted from the matriculation register of an institution of professional higher education for public defence, based on which the educational expenses must be reimbursed. If the person refuses to reimburse the expenses, the notice of educational expenses will be considered an enforcement instrument for the purposes of clause 21 of subsection 1 of § 2 of the Code of Enforcement Procedure.

(4) The limitation period for compulsory enforcement of educational expenses collected under a notice of educational expenses is three years. The limitation period starts as of the delivery of the enforcement instrument for educational expenses.

(5) The conditions of and procedure for calculation of educational expenses and the level of reimbursement are established by a regulation of the minister in charge of the policy sector.

§ 70. Wages of police officer

(1) The wages of a police officer comprise basic wages, variable wages, and additional remuneration provided by law and paid on the basis of law.

(2) The basic wages are part of wages determined on the basis of the basic wage range corresponding to the position of the police officer, determined on the basis of the functions and location of the position and the officer's service-related knowledge, skills and experience.

(3) The basic wage ranges corresponding to the positions of police officers and the grounds for and the extent of payment of additional remuneration to police officers are established by a directive of the minister in charge of the policy sector.

(4) The minister in charge of the policy sector or by the authority thereof the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service or the Rector of the Estonian Academy of Security Sciences establishes the salary guide for the officials of the Police and Border Guard Board, the Estonian Internal Security Service and the Estonian Academy of Security Sciences, including for police officers and employees, by a directive which prescribes the procedure for the payment and grant of wages, including the procedure for calculating the remuneration paid for performance of functions at night-time and on public holidays, for overtime work and on-call time.

§ 71. Medical surveillance of police officer and health care

(1) The purposes of medical surveillance of a police officer are the discovery of health disorders arising from the service, reduction and prevention of health risks, and establishment of the absence of health disorders hindering the performance of obligations imposed on the police.

(2) The medical surveillance of a police officer, medical examination related to service and vaccination, also the medical surveillance of a person applying for employment in the police service or acceptance to studies in the specialty of a police officer are guaranteed from the state budget funds.

(3) The medical surveillance of a police officer is organised and the medical certificates are issued by an occupational health doctor, involving medical specialist, where necessary.

(4) The health requirements of a police officer and the procedure for the medical surveillance and the content and form of the medical certificate are established by a regulation of the minister in charge of the policy sector.

§ 72¹. Ensuring provision of food

(1) Where necessary, a police officer is ensured the provision of food in the events specified in subsection 1 of § 77 of this Act and in participation in an exercise, considering the location, nature and duration of the performance of functions and other important circumstances.

(2) That specified in subsection 1 of this section is also applied to an official and an employee of the Police and Border Guard Board and the Estonian Internal Security Service who is not a police officer, and to an involved natural person and a person providing professional assistance.

(3) The conditions, extent and procedure for the provision of food to a police officer are established by a regulation of the minister in charge of the policy sector.

§ 73. Compensation upon transfer of police officer to another position

(1) Upon a police officer's transfer or appointment to another position of a police officer if it brings about a change in their place of residence, the travel expenses and the costs of transport of property and the moving costs related to the relocation of the police officer and their family members are compensated for.

(2) The extent of and the procedure for compensating the costs specified in subsection 1 of this section are established by a regulation of the minister in charge of the policy sector.

§ 74. Compensation for proprietary damage

(1) Direct proprietary damage caused to a police officer or their family members due to the performance of the functions of a police officer is compensated for by the state. The damages are claimed from the person at fault by way of recourse.

(2) The terms and conditions of and the procedure for compensation for proprietary damage are established by a regulation of the minister in charge of the policy sector.

§ 76. Working time of police officer

(1) The working and rest time of a police officer are determined on the basis of the Civil Service Act, taking into account the specifications provided in this Act.

(1¹) The restrictions provided in subsection 1 of § 41 of the Civil Service Act are not applied to a police officer provided working does not harm the health or safety of the police officer.

(2) On board a water craft, the rest period of a police officer between working shifts within any 24 hour period may be divided into two parts, one of which is at least six hours long, provided working does not harm the health and safety of the police officer.

(3) The duration of a night shift is equal to a day shift.

(4) The working time of a police officer may not exceed on the average 48 hours within the period of seven days per a recording period of up to four months.

(5) A police officer may be required to work outside the scheduled time only with their consent, except in the cases prescribed in § 77 of this Act.

(6) A service schedule is prepared for recording total working time for either the entire recording period or at least for each calendar month, and it is disclosed to the police officer five days prior to the beginning of the recording period or calendar month at the latest.

(6¹) By way of an exception, in the events provided in clauses 1, 2 and 6 of subsection 1 of § 77 of this Act, the Director General of the Police and Border Guard Board or a person authorised thereby or the Director General of the Estonian Internal Security Service or a person authorised thereby may apply total working time to a police officer without the police officer's consent until the end of the exceptional situation. The police officer is to be given reasonable advance notice of changes.

(6²) Upon application of total working time provided in subsection 6¹ of this section the police officer is to be notified of the conditions of application of total working time.

(6³) When establishing the specification provided in subsection 6¹ of this section the provisions of this Act and the Civil Service Act concerning working time and rest time and important circumstances that may prevent the application of total working time to a police officer must be taken into account.

(7) In case of recording total working time, the successive rest time of a police officer within the period of fourteen days is at least 36 hours if it has been agreed on in a collective agreement.

§ 77. Overtime of police officer

(1) A police officer is required to comply with the order of the head of the authority to work overtime, also on days off and public holidays, in the following cases:

1) in order to guarantee national security;

2) for the purposes of national defence;

3) in order to save a human life, perform rescue operations and search for persons;

4) in order to prevent a natural disaster, fire, accident or catastrophe or eliminate the consequences thereof;

5) in order to perform an urgent function which cannot be suspended or completed due to its particular nature;

6) in order to prevent and terminate a mass disorder;

7) in other cases provided by law.

(2) It is not permitted to require a police officer to work overtime more than eight hours in twenty-four hours. The duration of a shift including overtime may not exceed 13 hours, except in cases the police officer is involved in guaranteeing national security or it is agreed upon in a collective agreement. The maximum level of overtime for one police officer is 300 hours a calendar year and it does not include the overtime in the cases specified in subsection 1 of this section.

§ 78. On-call time

(1) On-call time is the time when a police officer must be available for the performance of functions in an agreed location or must be on board a water craft during the working cycle provided in subsection 2 of § 76 of this Act for the performance of functions which cannot be postponed during their rest time.

(2) The on-call time of a police officer is up to 155 hours per month, and of a police officer serving on a water craft and a crew member of an aircraft and flight performance staff up to 200 hours per month.

(3) On-call time is not included in working time.

(4) Additional remuneration equal to at least ten per cent of the hourly wage rate of a police officer is paid to a police officer for on-call time.

(5) The remuneration for commencement of functions during on-call time and the bases for recording on-call time are agreed on in a collective agreement.

§ 78¹. Restriction on night work

The restriction on night work specified in the Civil Service Act is not applied to a police officer provided working does not harm the health and safety of the officer and the working time does not exceed the restriction specified in § 36 of the Civil Service Act.

§ 79. Requiring police officer to work outside the work area of the structural unit of their position

(1) The Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service may require a police officer to work outside the work area of the structural unit of their position and outside their functions in the cases provided in subsection 1 of § 77 of this Act.

(2) Requiring a police officer to work for one day on the basis specified in subsection 1 of this section is not deemed official travel and no daily allowance is paid to the police officer for the time spent en route and in the destination.

§ 80. Involvement of police officers and cadets of institution of higher professional education for public defence

(1) The Director General of the Police and Border Guard Board has the right to involve in service the police officers and cadets of an institution of higher professional education for public defence with the consent of the head of the structural unit training police officers of the institution of higher professional education for public defence in the cases provided in subsection 1 of § 77 of this Act.

(2) Involvement of police officers and cadets of an institution of higher professional education for public defence on the basis provided in subsection 1 of this section is not deemed official travel.

§ 81. Holiday of police officer

(1) The duration of the annual holiday of a police officer is 35 calendar days.

(2) Annual and other holiday are granted to a police officer on the grounds and in accordance with the rules provided in this Act and other Acts.

(3) In justified cases a police officer may be granted paid additional holiday up to ten calendar days a year. A claim for such an additional holiday expires after one year as of the end of the service year for which the additional holiday is calculated. If a police officer's right to exercise public authority is suspended due to their appointment to another position, employment in a host authority or release from service, additional days of holiday which have not been used and which have not expired are not compensated for in money.

(6) The conditions and procedure for grant of additional holiday provided in subsection 3 of this section are established by the Director General of the Police and Border Guard Board or a person authorised thereby, the Director General of the Estonian Internal Security Service or a person authorised thereby or the Rector of the Estonian Academy of Security Sciences or a person authorised thereby.

§ 82. Interruption and deferral of holiday of police officer

(1) A holiday of a police officer, except for maternity leave, parental leave and adoptive parents leave, may be interrupted or deferred without their consent if the holiday of the police officer is interrupted and they are asked to return to service or their holiday is deferred in the cases specified in subsection 1 of § 77 of this Act.

(2) Holiday is interrupted or deferred by the head of the authority who granted the permission for a police officer to take the holiday. The decision on interruption or deferral of holiday is disclosed to the police officer against signature. The decision on interruption or deferral of holiday enters into force as of the disclosure thereof.

(3) The part of holiday which is not used due to interruption or deferral of holiday is granted during the same calendar year or by agreement with the executive officer:

1) is added to the holiday of the following calendar year or

2) is granted at another time during the following calendar year.

§ 83. Disciplinary authority

(1) Disciplinary authority is the right to apply incentives and disciplinary punishments.

(2) An executive officer does not have a right to restrict the disciplinary authority of an executive officer subordinate to them.

(3) The incentives awarded to and disciplinary punishments imposed on a police officer are entered in the service record.

§ 84. Incentives

(1) The following incentives are applied to a police officer for long-time service and for outstanding performance of service-related functions or civil duty:

1) grant of a letter of appreciation;

2) grant of a monetary award;

2¹) grant of a certificate of honour;

3) grant of a valuable gift;

4) grant of an inscribed weapon;

5) award of a honorary decoration of the police.

(2) The classes, description and procedure for bestowal and withdrawal of honorary decorations of the police are established by a regulation of the minister in charge of the policy sector.

(3) The incentives specified in subsection 1 of this section are also applied to officials and employees of the Police and Border Guard Board and the Estonian Internal Security Service who are not police officers.

(4) As an exception, the incentives provided in subsection 1 of this section may also be applied with regard to those persons who have not been specified in subsections 1 and 3 of this section.

§ 85. Right to apply incentive

(1) The Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service have the right to apply an incentive to a police officer and to persons specified in subsections 3 and 4 of § 84 of this Act.

(2) The head of an institution of higher professional education for public defence has the right to apply an incentive under this Act to a police officer and to persons specified in subsection 4 of § 84 of this Act.

(3) The minister in charge of the policy sector has the right to apply an incentive to every police officer and to persons specified in subsections 3 and 4 of § 84 of this Act.

(4) The minister in charge of the policy sector, the Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service have the right to apply the incentive specified in clause 4 of subsection 1 of § 84 of this Act.

(5) The right to apply the incentive specified in clause 5 of subsection 1 of § 84 of this Act is provided by the regulation of the minister in charge of the policy sector issued on the basis of subsection 2 of § 84 of this Act.

(6) The Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service may authorise, by an administrative act, the head of a structural unit of the authority to apply an incentive to a police officer and to persons specified in subsections 3 and 4 of § 84 of this Act, determining in the administrative act the extent of the application of the incentive.

§ 98. Administrative act for release from service

In addition to that provided in subsection 2 of § 103 of the Civil Service Act, an administrative act for release of a police officer from service includes the following information:

1) service rank of the police officer;

2) length of police service.

§ 108¹. Voluntary maritime rescuer and their participation in police activity

(1) For the purposes of this Act, a voluntary maritime rescuer is a person:

1) who is a member of a non-profit association with which the Police and Border Guard Board has concluded a civil law contract for the organisation of maritime rescue operations;

2) who has been acknowledged by the Police and Border Guard Board as a voluntary maritime rescuer; and

3) who voluntarily participates in the activity of the Police and Border Guard Board on the bases and conditions provided in this Act.

(2) Participation of a voluntary maritime rescuer in the activity of the police pursuant to this Act is performance of maritime rescue operations by the voluntary maritime rescuer on the assignment of the police independently or together with a police officer.

(3) During participation in the activity of the police a voluntary maritime rescuer is a representative of state powers whose legal order in performance of maritime rescue operations is mandatory for the person being rescued and for other persons concerned.

§ 108². Maritime rescue operations

For the purposes of this Chapter, maritime rescue operations are performance of search and rescue operations in inland maritime waters and territorial waters, in the exclusive economic zone, on Lake Peipsi, Lake Lämmi and Lake Pihkva as well as on other transboundary water bodies for searching and rescuing a person, ship, aircraft or another vehicle which is in an emergency or missing.

§ 108³. Prevention work

For the purposes of this Chapter, prevention work is the activity of a member of a non-profit association for the purposes of preventing a maritime rescue event if the Police and Border Guard Board has concluded a contract with the non-profit association for the performance of such prevention work.

§ 108⁴. Competence of voluntary maritime rescuer

(1) A voluntary maritime rescuer is competent to perform maritime rescue operations on the assignment of the police independently or together with a police officer pursuant to this Act.

(2) On the assignment of the police, maritime rescue operations may be performed together with a police officer by a voluntary maritime rescuer who has completed at least first stage training.

(3) On the assignment of the police, maritime rescue operations may be performed independently by a voluntary maritime rescuer who has completed second stage training.

(4) On the assignment of the police, maritime rescue operations may be performed independently by a voluntary maritime rescuer who has completed first stage training if they are operating with a voluntary maritime rescuer who has completed second stage training.

(4¹) In maritime rescue operations, a voluntary maritime rescuer has the right to apply the special state supervision measure provided in § 7⁷ of this Act in order to impose the duty to grant use of a thing.

(5) A voluntary maritime rescuer has the right to apply in maritime rescue operations the special supervisory measures provided in §§ 30 and 50 of the Law Enforcement Act on the basis provided in the Law Enforcement Act.

(6) A voluntary maritime rescuer has the right to use in the course of maritime rescue operations direct coercion, using physical force to influence a person, animal or thing on the bases of and pursuant to the procedure provided in §§ 76–78 of the Law Enforcement Act.

(7) The Police and Border Guard Board gives a voluntary maritime rescuer an assignment to perform maritime rescue operations in a format which can be reproduced in writing.

§ 108⁵. Certification of competence of voluntary maritime rescuer

(1) A voluntary maritime rescuer certifies their competence with a certificate of voluntary maritime rescuer.

(2) A voluntary maritime rescuer is not required to present in the performance of maritime rescue operations to a person at the person's request a certificate of voluntary maritime rescuer. If a person requests that a voluntary maritime rescuer present their certificate of voluntary maritime rescuer, the voluntary maritime rescuer presents it after the termination of the maritime rescue operations.

(3) In the performance of the duties of a voluntary maritime rescuer, a voluntary maritime rescuer wears, in general, on their clothing a special sign which makes it possible to understand that they are a voluntary maritime rescuer.

§ 108⁶. Requirements set for acknowledgment as voluntary maritime rescuer

(1) A person who is at least 18 years of age, who meets the requirements of professional qualification of voluntary maritime rescuer and the requirements of physical preparation, who is not prohibited from being acknowledged as a voluntary maritime rescuer by this Act, who has completed at least first stage training specified in subsection 2 of this section or appropriate training acknowledged by the Police and Border Guard Board and has passed an evaluation, and whose state of health allows them to operate as a voluntary maritime rescuer may be acknowledged as a voluntary maritime rescuer.

(2) Basic knowledge and skills necessary for the work of a voluntary maritime rescuer and knowledge necessary for prevention work for the purposes of preventing a maritime rescue event are acquired in the course of first stage training. First stage training lasts for at least 40 hours and ends with an evaluation.

(3) A precondition for second stage training is completion of first stage training. Profound knowledge for the work of a voluntary maritime rescuer and knowledge and skills for leading units of voluntary maritime rescuers and for planning their search and rescue operations are acquired in the course of second stage training. Second stage training lasts for at least 20 hours and ends with an evaluation.

(4) A voluntary maritime rescuer must undergo in-service training and pass an evaluation at least every three years.

(5) Training of voluntary maritime rescuer may be carried out by the Police and Border Guard Board, the Rescue Board and a training provider or educational institution acknowledged by the Police and Border Guard Board.

(6) The Police and Border Guard Board may acknowledge as a training provider carrying out the training of voluntary maritime rescuer a person or institution in private or public law who provides training corresponding to the requirements provided in this Act and in regulations established on the basis thereof.

(7) Acknowledgement of a training provider carrying out the training of voluntary maritime rescuer is executed as an administrative act of the Director General of the Police and Border Guard Board or as a written decision of a person authorised thereby.

(7¹) The Director General of the Police and Border Guard Board has the right to invalidate the acknowledgment of a training provider carrying out the training of voluntary maritime rescuer if the training provider is unable to ensure training as required.

(8) The requirements for training and in-service training of voluntary maritime rescuer, the procedure for the organisation of training and passing of evaluations are established by a regulation of the minister in charge of the policy sector.

(8¹) The study programmes for the first and second stage training and in-service training of voluntary maritime rescuers are approved by an administrative act of the Director General of the Police and Border Guard Board.

(9) The requirements for the professional qualification and physical preparation of a voluntary maritime rescuer and the procedure for checking compliance with health requirements are established by a regulation of the minister in charge of the policy sector.

§ 108⁷. Person who is prohibited from being acknowledged as voluntary maritime rescuer

(1) The following persons are prohibited from being acknowledged as a voluntary maritime rescuer:

1) a person who has restricted active legal capacity;

2) a person who has been punished for an intentional criminal offence in the first degree;

3) a person who is addicted to alcohol, narcotic drugs or psychotropic substances;

4) a person who has a severe mental, personality or behaviour disorder; or

5) a person who has a physical disability which prevents them from performing the duties of a voluntary maritime rescuer.

(2) In addition to the bases specified in subsection 1 of this section, a person who is unsuitable for performing the duties of a voluntary maritime rescuer due to their behaviour, or way of life or behaviour endangering the safety of themselves or another person may be refused from being acknowledged as a voluntary maritime rescuer.

(3) The supervision over the bases for refusal to acknowledge a person specified in subsections 1 and 2 of this section as a voluntary maritime rescuer is exercised by the Police and Border Guard Board at the request to that effect of a non-profit association.

(4) The reasons for refusal specified in subsection 3 of this section and the facts which serve as the basis for refusal are not disclosed insofar as may be inevitably necessary in order to ensure:

1) national security;

2) national defence;

3) public order;

4) countering, discovery or processing of an offence or enforcement of a sanction;

5) protection of a data subject or protection of the rights and freedoms of other persons.

§ 108⁹. Acknowledgement as voluntary maritime rescuer and grant of competence for performance of maritime rescue operations

(1) A person is acknowledged as a voluntary maritime rescuer by the Police and Border Guard Board.

(2) Acknowledgement of a person as a voluntary maritime rescuer is executed as an administrative act of the Director General of the Police and Border Guard Board or as a written decision of a person authorised thereby.

(3) The Police and Border Guard Board keeps account of voluntary maritime rescuers.

§ 108¹⁰. Certificate of voluntary maritime rescuer

(1) A person whom the Police and Border Guard Board acknowledges as a voluntary maritime rescuer is granted a certificate of voluntary maritime rescuer by the Police and Border Guard Board.

(2) The list of information necessary for issuing a certificate of voluntary maritime rescuer, the period of retention of information and the description of the certificate are established by a regulation of the minister in charge of the policy sector.

§ 108¹¹. Conclusion of civil law contract for performance of maritime rescue operations

(1) The Police and Border Guard Board may conclude with a non-profit association a civil law contract for the organisation of the activities of voluntary maritime rescuers participating in maritime rescue operations.

(2) In deciding on conclusion of a civil law contract for the performance of maritime rescue operations and in determining the conditions of the contract, the Police and Border Guard Board proceeds from the need to involve voluntary maritime rescuers in maritime rescue operations, from the number of voluntary maritime rescuers necessary in maritime rescue operations in a corresponding region and from the possibilities they offer in the performance of maritime rescue operations, from contracts already concluded for the organisation of maritime rescue operations, and from other relevant circumstances.

(3) The competence to conclude a civil law contract for the performance of maritime rescue operations is vested in the Director General of the Police and Border Guard Board or in a person authorised thereby.

§ 108¹². Work organisation of voluntary maritime rescuer

(1) The work organisation of a voluntary maritime rescuer is provided in a contract to be concluded between the Police and Border Guard Board and a non-profit association for the organisation of maritime rescue operations.

(2) A voluntary maritime rescuer has, by agreement with their employer, the right to receive time off for the performance of maritime rescue operations.

§ 108¹³. Wearing special sign of voluntary maritime rescuer

The minister in charge of the policy sector establishes by a regulation the description of and procedure for wearing the special sign specified in subsection 3 of § 108⁵ of this Act in the performance of maritime rescue operations.

§ 108¹⁴. Conclusion of civil law contract for performance of prevention work

(1) The Police and Border Guard Board may conclude with a non-profit association a civil law contract for the performance of prevention work.

(2) The non-profit association with which the Police and Border Guard Board may conclude a civil law contract has the capability to ensure that the members performing prevention work possess knowledge concerning maritime rescue operations and prevention work necessary for the performance of prevention work, but it is not required to have the capability to perform maritime rescue operations nor a civil law contract concluded with the Police and Border Guard Board for the performance of maritime rescue operations.

(3) In deciding on conclusion of a civil law contract for the performance of prevention work and in determining the conditions of the contract, the Police and Border Guard Board proceeds from the extent of the necessary prevention work, from contracts already concluded for the performance of prevention work, and from other relevant circumstances.

(4) The competence to conclude a civil law contract for the performance of prevention work is vested in the Director General of the Police and Border Guard Board or in a person authorised thereby.

(5) A non-profit association may use for the performance of prevention work within the framework of a civil law contract concluded with the Police and Border Guard Board only a member of the non-profit association who possesses the knowledge concerning maritime rescue operations and prevention work necessary for the performance of prevention work.

§ 108¹⁵. Compensation in case voluntary maritime rescuer is killed, falls ill or becomes injured in connection with performance of duty of voluntary maritime rescuer, and compensation for proprietary damage

In the event a voluntary maritime rescuer is killed, falls ill or becomes injured in the course of performance of a duty of a voluntary maritime rescuer, the provisions of §§ 38 and 39 of the Assistant Police Officer Act are applied to payment of compensation and compensation for proprietary damage.

§ 108¹⁶. Compensation for expenses

(1) The transport, communication, training and other expenses of a voluntary maritime rescuer prescribed in a contract for organisation of voluntary maritime rescue operations concluded between the Police and Border Guard Board and a non-profit association and expenses necessary for the performance of duties of a voluntary maritime rescuer are compensated by the Police and Border Guard Board to the voluntary maritime rescuer who incurred the expenses or to the non-profit association with which the Police and Border Guard Board has concluded the aforesaid contract.

(2) The transport, communication, training and other expenses pertaining to performance of prevention work prescribed in a contract for performance of prevention work concluded between the Police and Border Guard Board and a non-profit association and expenses necessary in the performance of prevention work are compensated by the Police and Border Guard Board to the member of the non-profit association who incurred the expenses or to the non-profit association with which the Police and Border Guard Board has concluded the aforesaid contract.

(3) The extent of and procedure for compensation for expenses specified in subsections 1 and 2 of this section are established by a directive of the Director General of the Police and Border Guard Board.

§ 108¹⁷. Incitement of voluntary maritime rescuer

For an outstanding service a person competent to apply an incentive may incite a voluntary maritime rescuer pursuant to the procedure provided in Subchapter 8 of Chapter 5 of this Act.

§ 108¹⁸. Release from status of voluntary maritime rescuer

(1) A voluntary maritime rescuer is released from the status of a voluntary maritime rescuer by a decision of the Director General of the Police and Border Guard Board or of a person authorised thereby:

1) on the initiative of the voluntary maritime rescuer;

2) if the voluntary maritime rescuer does not meet the requirements provided in subsections 1, 4 and 9 of § 108⁶ of this Act;

3) if the voluntary maritime rescuer meets the criteria provided in § 108⁷ of this Act;

4) due to behaviour inappropriate for a voluntary maritime rescuer; or

5) when the contract specified in clause 1 of subsection 1 of § 108¹ of this Act expires.

(2) A voluntary maritime rescuer is released from the status of a voluntary maritime rescuer where a circumstance for release from the status of a voluntary maritime rescuer is established in the course of proceedings. Said proceedings are subject to the provisions of the Administrative Procedure Act.

§ 109. Taking of oath of police officer

The oath of a police officer is not taken by persons who, prior to appointment to position on the basis of this Act, have taken the oath of office while in the police service or border guard service.

§ 110. Creation of positions of police officers

(1) The positions of police officers which do not coincide with the titles of office established in §§ 48–50 of this Act and with their service ranks are determined in the structure and staff of the Police and Border Guard Board and the Estonian Internal Security Service based on §§ 48–50.

(2) The positions of police officers of an institution of higher professional education for public defence, except for the position of the head of the structural unit training police officers of an institution of higher professional education for public defence, and the service ranks approved therefor are established by the Rector of the institution of higher professional education for public defence.

§ 111¹. Superannuated pension of police officer

(1) The right to a superannuated pension of a police officer arises for a person 55 years of age who:

1) on 31 December 2019 was in the police service and whose length of police service by the time of retirement is at least 20 years, five consecutive years of which immediately precede the attainment of the pensionable age, and who retires from the police service or an equivalent service;

2) on 31 December 2019 was a cadet for the purposes of this Act and who enters the police service within three months after graduating from an institution of professional higher education for public defence and whose length of police service by the time of retirement is at least 20 years, five consecutive years of which immediately precede the attainment of the pensionable age, and who retires from the police service or an equivalent service;

3) was released from the police service or an equivalent service and appointed to position in or employed by another authority or organisation by 31 December 2019 under § 15¹ of the Security Authorities Act and whose length of police service by the time of retirement is at least 20 years, five consecutive years of which immediately precede the attainment of the pensionable age, and who retires from the police service or an equivalent service.

(1¹) For the purposes of clauses 1–3 of subsection 1 of this section, service equivalent to police service means:

1) active service if the person has been accepted for active service on the basis of subsection 1 of § 39¹⁰ of the Military Service Act Implementation Act and upon attaining the pensionable age the person has been uninterruptedly in active service;

2) civil service if the person has been transferred to a civil service post in the Defence Forces for an unspecified term on the basis of subsection 1 of § 39¹¹ of the Military Service Act Implementation Act and at the time their right to pension arises the person has been uninterruptedly at a post or in employment in the Defence Forces;

3) employment relationship arising from an employment contract if the person has been released from the police service and the Defence Forces have entered into an employment contract with the person on the basis of subsection 2 of § 39¹¹ of the Military Service Act Implementation Act and at the time their right to pension arises the person has been uninterruptedly at a post or in employment in the Defence Forces.

(2) The amount of the pension of a police officer whose length of police service is at least 20 years is 50 per cent of their basic wage which serves as the basis for calculating pension.

(3) For each year by which the length of police service of a police officer exceeds 20 years of police service, the amount of the pension of the police officer is increased by 2.5 per cent of their basic wage which serves as the basis for calculating pension.

(4) The maximum amount of a superannuated pension is 75 per cent of the basic wage which serves as the basis for calculating pension.

(5) The right to a superannuated pension as of the day of expiry of the second full term of office arises for the Director General of the Police and Border Guard Board and the Director General of the Estonian Internal Security Service who:

1) had served at least two terms of office in that position before 1 January 2020;

2) was the Director General of the Police and Border Guard Board or the Director General of the Estonian Internal Security Service on 31 December 2019.

(6) The amount of the superannuated pension of the Director General of the Police and Border Guard Board and of the Director General of the Estonian Internal Security Service is, regardless of their age or general length of police service, 75 per cent of their basic wage which serves as the basis for calculating pension.

(7) The right to a superannuated pension provided in this section does not arise for a person who has been released from the police service:

1) upon the entry into force of a judgment of conviction if it imposed on the person a punishment for an intentionally committed criminal offence.

(8) A person who has been convicted of an offence provided in Chapter 15 or Subchapter 2 of Chapter 17 of the Penal Code for which the Penal Code prescribes imprisonment of at least up to five years forfeits the right to a superannuated pension provided in this section.

(9) If a person was paid a superannuated pension provided in this section, the payment of the pension is terminated as of the month following the month when the court judgment entered into force. If a person forfeits the right to a superannuated pension provided in this section, they maintain the right to apply for a pension under the State Pension Insurance Act.

(10) Within ten working days as of the entry into force of the court judgment the court is required to inform the Social Insurance Board in writing of the fact due to which the person forfeits the right to a superannuated pension provided in this section.

§ 111². Basis for calculation of amount of superannuated pension of police officer

(1) The amount of the superannuated pension of a police officer is calculated on the basis of the last basic wage granted to the police officer.

(2) The superannuated pension of a police officer may also be calculated on the basis of the most favourable basic wage selected from among the last five years of service of the police officer or the salary rate corresponding to the salary grade of their position or the differentiated salary rate and the service rank remuneration in the amount applicable during their employment in that position provided they served in that position for at least 12 consecutive months within the last five years.

(3) Where the superannuated pension of a police officer is calculated on the basis of the provisions of subsection 2 of this section, the salary rate corresponding to the police officer's position or the differentiated salary rate and the service rank remuneration established under subsection 6 of § 70 of this Act as in force until 30 June 2022 serve as the basis.

(4) Where the superannuated pension of a police officer is calculated on the basis of the most favourable salary rate corresponding to the police officer’s position selected from among the last five years of service of the police officer or the differentiated salary rate and the service rank remuneration in the amount applicable during their employment in that position, the calculation of the amount of pension will not be based on the service rank remuneration corresponding to their temporary service rank during their temporary promotion in service rank.

(5) If an official was released from the police service under the Police Service Act or subsection 9 of § 98¹ of the Money Laundering and Terrorist Financing Prevention Act or from the border guard service under the Border Guard Service Act due to their appointment to position in another government authority or international organisation and they retire on the superannuated pension of a police officer in that government authority or international organisation, due to appointment to which they were released from the police service or border guard service, the last position of a police officer or border guard official of that official is brought into conformity with the police officer’s position on the day the right to the superannuated pension of police officer arose and the pension is calculated on the basis of the lowest rate of the basic wage range of the position of a police officer that was brought into conformity.

(6) If a prosecutor exercises the right to superannuated pension of a police officer provided in subsection 2 of § 36¹ of this Act, the provisions of subsection 5 of this section apply to the calculation of pension.

(7) The provisions of subsection 5 of this section are not applied to persons and prosecutors released from the police service or border guard service whose right to superannuated pension of a police officer arises before 1 July 2032.

(8) If an active serviceman was released from the police service on the basis of subsection 1 of § 39¹⁰ of the Military Service Act Implementation Act and they retire on the superannuated pension of a police officer while being in uninterrupted active service in the Defence Forces, their pension is calculated on the basis of the average salary scale of their peacetime post of military rank.

(9) If an official was released from the police service on the basis of subsection 1 of § 39¹¹ of the Military Service Act Implementation Act and they retire on the superannuated pension of a police officer while working uninterruptedly at a post or in employment in the Defence Forces, their pension is calculated on the basis of the last basic wage or remuneration of the post or employment in the Defence Forces at the time their pension was granted.

(10) If an employee was released from the police service on the basis of subsection 2 of § 39¹¹ of the Military Service Act Implementation Act and they retire on the superannuated pension of a police officer while working uninterruptedly at a post or in employment in the Defence Forces, their pension is calculated on the basis of the last basic wage or remuneration of the post or employment in the Defence Forces at the time their pension was granted.

§ 111³. Grant and payment of pension

(1) The State Pension Insurance Act is applied to the superannuated pension of a police officer, unless otherwise provided by this Act.

(2) The superannuated pension of a police officer, except for a pension granted in the current year, is indexed by 1 April of each year on the basis of § 26 of the State Pension Insurance Act.

(2¹) If a police officer who has been granted a superannuated pension of a police officer continues their service in the police, the superannuated pension is recalculated, at their request, as of their resignation from the police service. The recalculation is based on changes in the basic wage which serves as the basis for the calculation of the amount of the police officer's pension and on the increase of the length of police service specified in subsection 3 of § 111¹ of this Act.

(3) Subsection 2 of this section is not applied insofar as it was impossible to increase the superannuated pensions of police officers granted to police officers who retired during the period from 1 January 2010 to 31 December 2012 to match the level calculated on the basis of the salaries of police officers applicable on 1 January 2013.

(4) Superannuated pensions of police officers are paid from state budget funds.

(5) A superannuated pension of a police officer is granted as of the date on which the right to this pension arises, which is the date of the attainment of the pensionable age provided by law or release from the police service.

(6) A superannuated pension of a police officer is granted as of the date specified in subsection 5 of this section if an application for the grant of a pension is submitted within three months as of the time when the right to that pension arose.

(7) If an application for the grant of a superannuated pension of a police officer is submitted after the expiry of the term provided in subsection 6 of this section, the pension is granted as of the date of submission of the application.

(8) A police officer who is entitled to several state pensions concurrently is granted one state pension of their choice.

(9) A superannuated pension of a police officer is not increased under § 113 of the Civil Service Act.

(11) Within ten working days, a person who receives a pension is required to notify the Social Insurance Board of all circumstances which bring about the recalculation or non-payment of their pension.

(12) A superannuated pension of a police officer is granted for life.

§ 112. Bringing of border guard ranks into conformity with service ranks

(1) The border guard rank of a border guard official appointed to position of a police officer under this Act is counted as service rank as follows:

(2) The bringing of border guard ranks into conformity with service ranks on the bases provided in subsection 1 of this section is arranged by the minister in charge of the policy sector.

(3) Up to 1 September 2015, the prefix of the service ranks of police officers who have the professional qualification of a border guard official is 'border guard' and in case of service ranks with prefixes, the prefix 'border guard' is used instead of the prefix 'police'.

§ 112¹. Renaming of service rank of Senior Seaman as service rank of Junior Warrant Officer

The service rank of Senior Seaman of a police officer in service is renamed the service rank of Junior Warrant Officer.

§ 113. Implementation of requirements for education and qualification

(1) The requirements for the level of education and qualification of a police officer laid down in this Act are extended as of 1 September 2015 to border guard officials who were in the border guard service prior to the entry into force of this Act.

(2) The requirement for vocational education does not extend to border guard officials who were in the border guard service prior to the entry into force of this Act and who have a secondary education and who have the professional qualification required in the position or who will acquire it by 1 September 2015.

(3) A police officer who has failed to acquire the relevant education and qualification by the term provided in subsections 1 and 2 of this section is transferred to a position corresponding to their education and qualification or in case of lack thereof, they are released from the police service.

§ 114. Implementation of §§ 111¹ to 111³ of this Act with regard to officials who have been in service on the basis of the Border Guard Service Act

(1) The right to a superannuated pension provided in this Act arises at the age of 55 years for a police officer:

1) who was in the border guard service on the basis of the Border Guard Service Act when this Act entered into force;

2) who has been appointed to position as a police officer directly upon the entry into force of this Act; and

3) whose length of police service provided in this Act is at least 20 years or whose general pension qualifying period is at least 25 years, of which the length of police service provided in this Act is at least 12 years and six months.

(2) An official who has been released from the border guard service prior to the entry into force of this Act in connection with appointment to position in another government authority or international organisation has the right to a superannuated pension provided in this Act at the age of 55 years if their length of police service provided in this Act is at least 20 years or if their general pension qualifying period is at least 25 years, of which the length of police service provided in this Act is at least 12 years and six months, and at the time of retirement they are in the position of a police officer or serving in that government authority or international organisation in connection with appointment to which they were released from the border guard service.

(3) The right to a superannuated pension provided in this Act arises at the age of 50 years for a police officer:

1) who was in the border guard service on the basis of the Border Guard Service Act when this Act entered into force;

2) who has been appointed to position as a police officer directly upon the entry into force of this Act; and

3) whose length of police service was at least 20 years or whose general pension qualifying period was at least 25 years, of which the length of the border guard service was at least 12 years and six months, by 1 July 2007.

(4) An official who has been released from the border guard service prior to the entry into force of this Act in connection with appointment to position in another government authority or international organisation has the right to a superannuated pension provided in this Act at the age of 50 years if their length of border guard service was at least 20 years or if their general pension qualifying period was at least 25 years, of which the length of the border guard service was at least 12 years and six months, by 1 July 2007, and at the time of retirement they are in the position of a police officer or serving in that government authority or international organisation in connection with appointment to which they were released from the border guard service.

(5) The amount of the superannuated pension of a police officer specified in subsections 1–4 of this section is 30 per cent of their salary or basic wage for calculating pension where the calculations of their pension qualifying period are based on a general pension qualifying period of at least 25 years, of which the length of police service provided in this Act is at least 12 years and six months.

(6) The amount of the pension of a police officer is increased, for each year by which the length of police service exceeds the length of police service provided in subsections 1–4 of this section, by 2.5 per cent of their salary or basic wage for calculating pension. The maximum amount for the superannuated pension is 75 per cent of the salary or basic wage for calculating pension.

(7) The pension of a border guard official which has been determined on the basis of the Border Guard Service Act is not subject to recalculation on the basis of the Police and Border Guard Act. The pensions of border guard officials determined on the basis of the Border Guard Service Act are subject to indexation, as of the year 2010, by 1 April of each calendar year by a pension index approved by the Government of the Republic on the basis of § 26 of the State Pension Insurance Act.

(8) A person who has been released from the border guard service prior to the entry into force of the Police and Border Guard Act and for whom, by the date of release from the service, the right to a pension of a border guard official had arisen on the basis of the Border Guard Service Act but to whom pension has not been granted yet is granted a pension of a border guard official on the basis of the Border Guard Service Act valid on the date of release from the service.

(9) The right to a superannuated pension of a police officer specified in subsections 1–4 of this section does not depend on the uninterrupted length of police service directly preceding the attainment of the pensionable age.

§ 115. Calculation of period of service for service rank

The period of service for a rank of a border guard official appointed to a position of a police officer on the basis of this Actis calculated as of the date of the directive granting the last military rank or border guard rank.

§ 116. Bringing of titles of office of police officers into conformity with service ranks

(1) Upon appointment to a position of a police officer, the current title of office of a police officer is counted as service rank as follows:

(2) Upon appointment to a position of a police officer of the Estonian Internal Security Service, the current title of office of a police officer of the Estonian Internal Security Service is counted as service rank as follows:

(3) The procedure for bringing of the titles of office provided in subsections 1 and 2 of this section into conformity with service ranks is established by a regulation of the minister in charge of the policy sector.

(4) The titles of office of police officers specified in clauses 1–7 of subsection 1 and in clauses 1–4 of subsection 2 of this section are brought into conformity, by 1 April 2011 at the latest, with service ranks which differ from the service ranks, entered into force on 1 January 2010, specified in the aforesaid provisions. The titles of office of a police officer are brought into conformity with the service ranks retroactively from 1 January 2010.

§ 117. Implementation of §§ 111¹ to 111³ of this Act with regard to officials who have been in service on the basis of the Police Service Act

(1) The right to a superannuated pension provided in this Act arises at the age of 50 years for a police officer:

1) who was in the police service on the basis of the Police Service Act when this Act entered into force;

2) who has been appointed to position as a police officer directly upon the entry into force and on the basis of this Act; and

3) whose length of police service provided in this Act is at least 20 years.

(2) An official who has been released from the police service prior to the entry into force of this Act in connection with appointment to position in another government authority or international organisation has the right to a superannuated pension provided in this Act at the age of 50 years if, by the time of retirement, their length of police service provided in this Act is at least 20 years and at the time of retirement they are in the position of a police officer or serving in that government authority or international organisation in connection with appointment to which they were released from the police service.

(3) The right to a superannuated pension provided in this Act arises at the age of 55 years for a police officer:

1) who was in the police service on the basis of the Police Service Act when this Act entered into force;

2) who has been appointed to position as a police officer directly upon the entry into force and on the basis of this Act;

3) who is released from the service on the basis of this Act due to age, state of health or lay-off of staff; and

4) who has attained the age of 55 years by the date of release from the service and whose general number of years of pensionable service or accumulation period is at least 25 years, of which the length of police service provided in this Act is 12 years and six months.

(4) An official who has been released from the police service prior to the entry into force of this Act in connection with appointment to position in another government authority or international organisation has the right to a superannuated pension provided in this Act at the age of 55 years if:

1) they are released from the service due to age, state of health or lay-off of staff;

2) they have attained the age of 55 years by the date of release from the service and their general years of pensionable service or accumulation period is at least 25 years, of which the length of police service provided in this Act is 12 years and six months; and

3) at the time of retirement they are in the position of a police officer or serving in that government authority or international organisation in connection with appointment to which they were released from the police service or their police service relationship was suspended.

(5) The amount of the superannuated pension of a police officer specified in subsections 3 and 4 of this section is 30 per cent of their salary or basic wage for calculating pension.

(6) The amount of the pension of a police officer is increased, for each year by which the length of police service exceeds the length of police service provided in subsections 1–4 of this section, by 2.5 per cent of their salary or basic wage for calculating pension. The maximum amount for the superannuated pension is 75 per cent of their salary or basic wage for calculating pension.

(7) The pension of a police officer which has been granted on the basis of the Police Service Act is not subject to recalculation on the basis of the Police and Border Guard Act. The pensions of police officers granted on the basis of the Police Service Act are subject to indexation, as of the year 2010, by 1 April of each calendar year by a pension index approved by the Government of the Republic on the basis of § 26 of the State Pension Insurance Act.

(8) A person who has been released from the police service prior to the entry into force of the Police and Border Guard Act and for whom, by the date of release from the service, the right to a pension of a police officer had arisen on the basis of the Police Service Act but to whom pension has not been granted yet is granted a pension of a police officer on the basis of the Police Service Act valid on the date of release from the service.

(9) The right to a superannuated pension of a police officer specified in subsections 1–4 of this section does not depend on the uninterrupted length of police service directly preceding the attainment of the pensionable age.

§ 118. Calculation of period of service for service rank

Upon the bringing of the positions of police officers into conformity with service ranks on the basis of § 116 of this Act, the period of service for the service rank of a police officer is calculated as of the earliest date of appointment to a position with the official rank which corresponds to their last position.

§ 119. Transitional provisions upon implementation of subsection 1 of § 5 of this Act

(1) Up to the entry into force of subsection 1of § 5 of this Act on 1 January 2012, a prefecture is a local authority, having executive powers, of the Police and Border Guard Board. A prefecture is a police authority up to the entry into force of subsection 1 of § 5 of this Act.

(2) Up to the entry into force of subsection 1 of § 5 of this Act on 1 January 2012, the competence of the Police and Border Guard Board includes the management and development of the police and the performance of the functions assigned to the police to the extent provided in the statutes.

(3) Up to the entry into force of subsection 1 of § 5 of this Act on 1 January 2012, a prefecture performs in its jurisdiction those functions assigned to the police which do not belong to the competence of the Police and Border Guard Board.

(3¹) A prefecture as a police authority may perform the functions of the Police and Border Guard Board in the cases and pursuant to the procedure established by a law, regulation, directive of the Minister of the Interior and a directive of the Director General of the Police and Border Guard Board until 1 January 2012. In the performance of the functions, a prefecture has the rights and obligations of the Police and Border Guard Board.

(3²) The Government of the Republic may issue a regulation, the Minister of the Interior may issue a regulation and a directive, and the Director General of the Police and Border Guard Board may issue a directive for assigning the competence to perform the functions of the Police and Border Guard Board arising from the law to a prefecture.

(5) Up to the entry into force of subsection 1 of § 5 of this Act on 1 January 2012, the data specified in subsection 5 of § 42 of this Act are collected by the police authority of the person's place of residence.

(6) Up to the entry into force of subsection 1 of § 5 of this Act on 1 January 2012, the head of a bureau of a prefecture and the head of a division of a prefecture are appointed to position by the Director General of the Police and Border Guard Board. Other executive officers and specialists of a prefecture are appointed to position by the prefect.

§ 119². Specifications of appointment to position

(1) A police officer who has been released, prior to the entry into force of this Act, from the police service in a police authority under § 18¹ or § 52 of the Police Service Act in connection with appointment to a position of an official in another government authority or international organisation is appointed, in case of release from the service in another government authority or international organisation, with their consent to a position in a police authority which corresponds to the position from which they were released in connection with appointment to a position in another government authority or international organisation, except in the case they do not meet the requirements set for the position.

(2) A police officer who has been released, prior to the entry into force of this Act, from the police service in the Estonian Internal Security Service under § 18¹ or § 52 of the Police Service Act or under § 15¹ of the Security Authorities Act in connection with appointment to a position of an official in another government authority or international organisation is appointed, in case of release from the service in another government authority or international organisation, with their consent to a position in the Estonian Internal Security Service which corresponds to the position from which they were released in connection with appointment to a position in another government authority or international organisation, except in the case they donot meet the requirements set for the position.

(3) A border guard official who has been released, prior to the entry into force of this Act, from the border guard service under § 35 of the Border Guard Service Act in connection with appointment to a position of an official in another government authority or international organisation is appointed, in case of release from the service in another government authority or international organisation, with their consent to a position in a police authority which corresponds to the position from which they were released in connection with appointment to a position in another government authority or international organisation, except in the case they do not meet the requirements set for the position.

(4) A police officer who has been transferred or appointed, prior to the entry into force of this Act, under § 18 of the Police Service Act to a position of a police officer of the Police College is appointed, upon the expiry of the term, with their consent to a position in a police authority or the Estonian Internal Security Service, respectively, which corresponds to their position prior to the transfer or appointment to a position of a police officer of the Police College, except in the case they do not meet the requirements set for the position.

(5) A border guard official who has been transferred or appointed, prior to the entry into force of this Act, under § 34 of the Border Guard Service Act to a position of a border guard official of an educational institution of the border guard is appointed, upon the expiry of the term, with their consent to a position in a police authority which corresponds to their position prior to the transfer or appointment to a position of a border guard official of an educational institution of the border guard, except in the case they do not meet the requirements set for the position.

§ 119³. Extension of term of service

The term of service of an official appointed to position for a specified term in another government authority or international organisation under § 18¹ or § 52 of the Police Service Act, under § 35 of the Border Guard Service Act or under § 15¹ of the Security Authorities Act prior to the entry into force of this Act may be extended after the expiry of the original term of service by up to three years at a time.

§ 119⁴. Counting of rank of former police officer and border guard rank of former border guard official as service rank

(1) If a person who has been in the police service or border guard service prior to the entry into force of this Act is employed in the police service, the person who has the right to appoint to office counts their last title of office of a police officer or their last border guard rank as a service rank on the same conditions and pursuant to the same procedure as prescribed for police officers specified in § 116 of this Act and for border guard officials specified in § 112 of this Act, but not as a service rank higher than what is prescribed by the service rank of the position.

(2) If a former border guard official who is employed in the police service does not have a border guard rank but has a military rank, then their military rank may be counted as a border guard rank on the basis of § 84 of the previously valid Border Guard Service Act and thereafter the border guard rank may be counted as a service rank based on subsection 1 of this section.

(3) Regarding a person specified in subsection 1 of this section who is appointed to a position of a Leading Specialist, their service rank may be counted as a service rank of a Senior Superintendent or Police Lieutenant but not higher than what is prescribed by the service rank of the position if the person has professional higher education or other higher education and they have completed professional in-service training and their previous professional or service experience is a significant benefit in the new position.

§ 119⁶. Expiry of unused annual and additional holiday upon suspension of right of police officer to exercise public authority

The expiry of annual and additional holidays of a police officer whose right to exercise public authority has been suspended prior to 1 January 2011 in connection with appointment to a position in another government authority or assignment to a position of an official in an international organisation is suspended for the duration of the suspension of their right to exercise public authority.

§ 119⁷. Organisation of retroactively bringing into conformity of service ranks of police officer

(1) In the case of bringing the title of office of a police officer specified in clauses 1–7 of subsection 1 of § 116 and in clauses 1–4 of subsection 2 of § 116 of this Act into conformity with a service rank which is higher than the lowest service rank corresponding to that position of a police officer and if their title of office of a police officer has been brought into conformity with the service rank retroactively, service rank remuneration or other remuneration paid on the basis of that service rank is not paid retroactively but as of the date of bringing of the title of office into conformity with the higher service rank.

(2) Upon the bringing of the titles of office of police officers specified in clauses 1–7 of subsection 1 of § 116 and in clauses 1–4 of subsection 2 of § 116 of this Act into conformity with service ranks retroactively as of 1 January 2010, the already granted pensions of police officers are recalculated as of the entry into force of this provision. The pension is not recalculated for the period of time from 1 January 2010 until the entry into force of this provision. The relevant authorities must present within three months as of the entry into force of this provision to the Social Insurance Board information regarding those pensioners whose service ranks were changed retroactively as of 1 January 2010.

§ 119⁸. Implementation of changes in service ranks and positions

(1) All operations and administrative acts necessary for the implementation of §§ 35, 48 to 67 and 67¹ to 67¹¹, clauses 4 and 5 of subsection 2 of § 69, subsection 3 of § 70, clause 5 of subsection 1 of § 36¹ and subsection 1 of § 110 of this Act are performed and issued according to the competence provided by law by the Minister of the Interior, the Director General of the Police and Border Guard Board, the Director General of the Estonian Internal Security Service and the rector of an institution of higher professional education for public defence as of 1 April 2011.

(2) The competence to transfer a police officer from police authority to another lies with the Director General of the Police and Border Guard Board.

(3) For the implementation of §§ 35, 48 to 67 and 67¹ to 67¹¹, clauses 4 and 5 of subsection 2 of § 69, subsection 3 of § 70, clause 5 of subsection 1 of § 36¹ and subsection 1 of § 110 of this Act, the persons specified in subsection 1 of this section have the right to change the title of office of a position of a police officer and its place in the structure and the place of the position in the group of positions if the service rank of the police officer’s current position corresponds to one of the service ranks of the new position and the new position is equal to the police officer’s current position in the list provided in subsection 2 of § 48 of this Act or is lower by one rank. Said changes do not give rise to any significant changes in the objective or main functions of the position or bring about a decrease in the wages paid to the police officer or the salary rate specified for them.

(4) For the implementation of §§ 35, 48 to 67 and 67¹ to 67¹¹, clauses 4 and 5 of subsection 2 of § 69, subsection 3 of § 70, clause 5 of subsection 1 of § 36¹ and subsection 1 of § 110 of this Act, a person specified in subsection 1 of this section has the right to transfer a police officer without their consent to such a position, one service rank of which corresponds to their service rank of a police officer, but not to a position which is lower by more than one rank from the police officer’s current position in the list provided in subsection 2 of § 48 of this Act if this does not bring about a change in their place of residence.

(5) If a change specified in subsection 3 of this section brings about a significant change in the objective or main functions of the position or brings about a decrease in the wages paid to the police officer, the police officer may be transferred to another position with their consent or in the manner provided in subsection 4 of this section.

(6) The person having the right to transfer is required to inform a police officer about their transfer to another position without their consent in writing at least one month in advance.

(7) The current wages are retained for a police officer transferred without their consent in the manner provided in subsection 4 of this section if the wages in the new position are less than the current wages.

(8) If as a result of a change on the basis of subsection 3 of this section or a transfer without a consent on the basis of subsection 4 of this section the requirements set for the position change, as a result of which the police officer does not meet the new requirements set for the position, these are not applied with regard to a police officer who, prior to the change specified in subsection 3 or transfer without a consent in the manner provided in subsection 4, met the requirements set for their position.

§ 119⁹. Transitional provision of voluntary maritime rescue

If a voluntary maritime rescuer has prior to the entry into force of Chapter 5¹ of this Act completed a training, organised by a training provider or educational institution acknowledged by the Police and Border Guard Board, which corresponds to the content and volume of the training specified in subsections 2 and 3 of § 108⁶ of this Act, it is deemed that the requirement to complete first stage training and second stage training provided in this Act as a precondition for acknowledgment as a voluntary maritime rescuer is complied with.

§ 119¹⁰. Expiry of and compensation for additional holiday granted for length of police service

Unused days of additional holiday for a year, within the length of police service, which has ended before 1 April 2013 expires within four years after 1 April 2013. Expiry is suspended for the period of time when a police officer is on pregnancy and maternity leave, adoptive parent leave or parental leave, as well as for when a police officer is undertaking conscript service or alternative service. Days of additional holiday which have not been used and which have not expired are compensated for in money upon resignation from the service.

§ 119¹². Police officer’s pension for incapacity for work

(1) A police officer who has been established under the State Pension Insurance Act to have permanent loss of capacity for work before 1 July 2016 has the right to apply for a pension for incapacity for work which is granted and paid under the wording of the Police and Border Guard Act in force up to 1 July 2016.

(2) A police officer who is receiving a pension for incapacity for work under the wording of the Police and Border Guard Act in force up to 1 July 2016 continues to be paid the pension for incapacity for work in the same amount without assessment of their work ability after the end of the duration of the permanent incapacity for work established by an examination for establishing permanent incapacity for work.

(3) If a person receiving a police officer's pension for incapacity for work reaches the pensionable age provided in § 7 of the State Pension Insurance Act, they are continued to be paid the police officer's pension for incapacity for work in the same amount if they so wish.

(4) The police officer's pension for incapacity for work is indexed by 1 April each year under § 26 of the State Pension Insurance Act by a pension index approved by a regulation of the Government of the Republic.

(4¹) A person who has been granted a police officer’s pension for incapacity for work under this section and who has been convicted of an offence provided in Chapter 15 or Subchapter 2 of Chapter 17 of the Penal Code for which the Penal Code prescribes imprisonment of at least up to five years will no longer be paid the police officer’s pension for incapacity for work as of the month following the month when this provision or the judgment of conviction enters into force.

(4²) Within ten working days as of the entry into force of the judgment the court informs the Social Insurance Board in writing of the fact due to which the person forfeits the right to the police officer’s pension for incapacity for work provided in this section.

(5) The police officer's pension for incapacity for work is paid from the state budget through the budget of the Ministry of the Interior.

§ 119¹³. Survivor's pension of police officer's family member

A police officer’s family member whose right to a survivor’s pension has arisen before 1 July 2016 is granted and paid such pension under the wording of the Police and Border Guard Act in force up to 1 July 2016.

§ 119¹⁴. Person with permanent incapacity for work

A person recruited for secret co-operation who has been established to be partially incapacitated for work on the basis of the State Pension Insurance Act is deemed to have fulfilled the requirement of partial work ability provided in § 7⁵³ of this Act. A person recruited for secret co-operation who has been established to be totally incapacitated for work on the basis of the State Pension Insurance Act is deemed to have fulfilled the requirement of no work ability provided in § 7⁵³ of this Act.

§ 119¹⁵. Extension of term of service and employment of police officer in host authority in another position

Subsection 1 of § 64 of this Act is not e applied to a police officer serving or being employed in the Ministry of the Interior or an authority within the area of government thereof before 1 October 2017.

§ 119¹⁶. Recalculation of superannuated pension of police officer and border guard official

(1) A person who has retired on a superannuated pension of a police officer before 1 January 2010 and whose pension has been calculated on the basis of the last version of the Government of the Republic regulation No. 188 ‘Remuneration of Police Officers’ of 30 December 2008 or the Government of the Republic regulation No. 190 ‘Remuneration of Officials of the Estonian Internal Security Service’ of 30 December 2008 established under subsection 5 of § 19 of the Police Service Act has the right to the recalculation of the pension granted to them. In that case the pension granted is multiplied by a factor of 1.087.

(2) A person who has retired on a superannuated pension of a border guard official before 1 January 2010 and whose pension has been calculated on the basis of the last version of the Government of the Republic regulation No. 187 'Remuneration of Border Guard Officials' of 30 December 2008 established under subsection 5 of § 41 of the Border Guard Service Act has the right to the recalculation of the pension granted to them. In that case the pension granted is multiplied by a factor of 1.087.

(3) A person who has retired on a superannuated pension of a police officer after 1 January 2010 and whose pension has been calculated on the basis of the last version of the Government of the Republic regulation No. 188 ‘Remuneration of Police Officers’ of 30 December 2008 or the Government of the Republic regulation No. 190 ‘Remuneration of Officials of the Estonian Internal Security Service’ of 30 December 2008 established under subsection 5 of § 19 of the Police Service Act or the Government of the Republic regulation No. 187 ‘Remuneration of Border Guard Officials’ of 30 December 2008 established under subsection 5 of § 41 of the Border Guard Service Act has the right to the recalculation of the pension granted to them. In that case the pension granted is multiplied by a factor of 1.087.

(4) A person who has retired on a superannuated pension of a police officer between 1 January 2010 and 31 December 2014 and whose pension has been calculated on the basis of the Police and Border Guard Act has the right to the recalculation of the pension granted to them if their pension is smaller than the pension of a police officer or border guard official performing similar work which would have been calculated on the basis of the salary rates and rank allowances established on the basis of the Government of the Republic regulation No. 187 ‘Remuneration of Border Guard Officials’ of 30 December 2008 or the Government of the Republic regulation No. 188 ‘Remuneration of Police Officers’ of 30 December 2008 or the Government of the Republic regulation No. 190 ‘Remuneration of Officials of the Estonian Internal Security Service’ of 30 December 2008 and applicable until 1 July 2009.

(5) For the recalculation of pension under subsection 4 of this section, a person is required to submit an application to the Social Insurance Board and the pension is recalculated as of the date of submission of the application.

§ 119¹⁷. Recipient of superannuated pension of police officer continuing in police service

A person who has resigned from the police service and who has been granted a superannuated pension of a police officer and who returns to the police service after 1 May 2019 and continues their police service on the same conditions as police officers in the police service has the right to the superannuated pension of a police officer as well as to the wages of a police officer.

§ 119¹⁸. Recalculation of pension for incapacity for work and survivor's pension of police officer and border guard official

(1) A person who has been granted a police officer’s pension for incapacity for work before 1 January 2010 and whose pension has been calculated on the basis of the last version of the Government of the Republic regulation No. 188 ‘Remuneration of Police Officers’ of 30 December 2008 or the Government of the Republic regulation No. 190 ‘Remuneration of Officials of the Estonian Internal Security Service’ of 30 December 2008 established under subsection 5 of § 19 of the Police Service Act has the right to the recalculation of the pension granted to them. In that case the pension granted is multiplied by a factor of 1.087.

(2) A person who has been granted a border guard official's pension for incapacity for work before 1 January 2010 and whose pension has been calculated on the basis of the last version of the Government of the Republic regulation No. 187 'Remuneration of Border Guard Officials' of 30 December 2008 established under subsection 5 of § 41 of the Border Guard Service Act has the right to the recalculation of the pension granted to them. In that case the pension granted is multiplied by a factor of 1.087.

(3) A person who has been granted a police officer’s pension for incapacity for work or survivor’s pension after 1 January 2010 and whose pension has been calculated on the basis of the last version of the Government of the Republic regulation No. 188 ‘Remuneration of Police Officers’ of 30 December 2008 or the Government of the Republic regulation No. 190 ‘Remuneration of Officials of the Estonian Internal Security Service’ of 30 December 2008 established under subsection 5 of § 19 of the Police Service Act, or the Government of the Republic regulation No. 187 ‘Remuneration of Border Guard Officials’ of 30 December 2008 established under subsection 5 of § 41 of the Border Guard Service Act has the right to the recalculation of the pension granted to them. In that case the pension granted is multiplied by a factor of 1.087.

(4) A person who has been granted a police officer’s pension for incapacity for work or survivor’s pension between 1 January 2010 and 31 December 2014 and whose pension has been calculated on the basis of the Police and Border Guard Act has the right to the recalculation of the pension granted to them if their pension is smaller than the pension for incapacity for work or survivor’s pension of a police officer or border guard official performing similar work which would have been calculated on the basis of the salary rates and rank allowances established on the basis of the Government of the Republic regulation No. 187 ‘Remuneration of Border Guard Officials’ of 30 December 2008 or the Government of the Republic regulation No. 188 ‘Remuneration of Police Officers’ of 30 December 2008 or the Government of the Republic regulation No. 190 ‘Remuneration of Officials of the Estonian Internal Security Service’ of 30 December 2008 and applicable until 1 July 2009.

(5) The pension for incapacity for work and survivor's pension of a police officer and a border guard official are recalculated under subsections 1–4 of this section as of 1 January 2020.

§ 119¹⁹. Extension of term of restriction on access

If the term of restriction on access to a document has expired before the entry into force of this section but the reason for establishment of the restriction continues to exist, the restriction on access may be extended on the conditions provided in subsection 7 of § 8 of this Act.

§ 119²⁰. Term of service of Deputy Director General of Police and Border Guard Board and Deputy Director General of Estonian Internal Security Service employed in service for unspecified term

A Deputy Director General of the Police and Border Guard Board and a Deputy Director General of the Estonian Internal Security Service in service on 1 July 2022 are deemed appointed to office until 30 June 2027.

§ 120. Amendment of Employment Contracts Act

[Omitted from this text.]

§ 121. Entry into force of Act

(1) This Act enters into force on 1 January 2010.

(2) The procedure for the implementation of this Act is provided in the Implementing Act.

(3) Section 120 of this Act enters into force on 1 July 2009.

(4) Subsection 1 of § 5 of this Act enters into force on 1 January 2012.