Competent authority

• The investigative body can issue a production order.
• There is an exception for traffic data for which the order of the Prosecutor´s Office is needed)

Basis in law

Production orders are based on § 215.  Obligation to comply with orders and demands of investigative bodies and Prosecutors’ Offices  of the Code of Criminal Procedure which states the following:

(1) The orders and demands issued by investigative bodies and Prosecutors’ Offices in the criminal proceedings conducted thereby are binding on everyone and shall be complied with throughout the territory of the Republic of Estonia. The orders and demands issued by investigative bodies and prosecutor's offices are binding on the members of Defence Forces engaged in missions abroad, if the object of the criminal proceeding is an act of a person serving in the Defence Forces. Costs incurred for compliance with a claim or ruling shall not be compensated for.

(2) An investigative body conducting a criminal proceeding has the right to submit written requests to other investigative bodies for the performance of specific procedural acts and for other assistance. Such requests of investigative bodies shall be complied with immediately.

(3) A preliminary investigation judge may impose a fine on a participant in a proceeding, other persons participating in criminal proceedings or persons not participating in the proceedings who have failed to perform an obligation provided for in subsection (1) of this section by a court ruling at the request of a prosecutor’s office. The suspect and accused shall not be fined

If different for subscriber information

For subscriber information, production orders are based on § 90-1.  Request to electronic communications undertakings to submit information of the Code of Criminal Procedure which states the following:

(1) A body conducting proceedings may make enquiries to electronic communications undertakings about the data required for the identification of an end-user related to the identification tokens used in the public electronic communications network, except for the data relating to the fact of communication of messages.

If different for traffic data

For subscriber information, production orders are based on § 90-1.  Request to electronic communications undertakings to submit information of the Code of Criminal Procedure

 (1) A body conducting proceedings may make enquiries to electronic communications undertakings about the data required for the identification of an end-user related to the identification tokens used in the public electronic communications network, except for the data relating to the fact of communication of messages.

(2) With the permission of a prosecutor's office an investigative body may make enquiries in pre-trial procedure or with the permission of a court in court proceeding to electronic communications undertakings about the data listed in subsections 111-1 (2) and (3) of the Electronic Communications Act and not specified in the first subsection of this section. The permission to make inquiries shall set out the dates of the period of time about which the requesting of data is permitted.

Form

Competent authority

The investigative body can issue the preservation order.

Basis in law

Preservationorders are based on § 215 Obligation to comply with orders and demands of investigative bodies and prosecutors’ offices of the the Code of Criminal Procedure

(1) The orders and demands issued by investigative bodies and prosecutors’ offices in the criminal proceedings conducted thereby are binding on everyone and shall be complied with throughout the territory of the Republic of Estonia. The orders and demands issued by investigative bodies and prosecutor's offices are binding on the members of Defence Forces engaged in missions abroad, if the object of the criminal proceeding is an act of a person serving in the Defence Forces. Costs incurred for compliance with a claim or ruling shall not be compensated for.

(2) An investigative body conducting a criminal proceeding has the right to submit written requests to other investigative bodies for the performance of specific procedural acts and for other assistance. Such requests of investigative bodies shall be complied with immediately.

(3) A preliminary investigation judge may impose a fine on a participant in a proceeding, other persons participating in criminal proceedings or persons not participating in the proceedings who have failed to perform an obligation provided for in subsection (1) of this section by a court ruling at the request of a prosecutor’s office. The suspect and accused shall not be fined.

If different for subscriber information

If different for traffic data

Form

Definition of emergency situation

Specific provisions (as well as definition of emergency situation) are foreseen by the State of Emergency Act which applies during a state of emergency.

Obligation to cooperate

No there is no obligation to cooperate.

Obligation of secrecy

The secrecy of investigation is foreseen in § 214 - Conditions for disclosure of information concerning pre-trial proceedings - of the Code of Criminal Procedure:

(1) Information concerning pre-trial proceedings shall be disclosed only with the permission of and to the extent specified by a prosecutor's office and under the conditions provided for in subsection (2) of this section.

Non respect of the obligation of secrecy

The consequence of the violation of the obligation of secrecy is foreseen in  § 214 - Conditions for disclosure of information concerning pre-trial proceedings - of the Code of Criminal Procedure:

[…]
(3) In the event of violation of the prohibition on disclosure of information concerning pre-trial proceedings, a preliminary investigation judge may impose a fine on the basis of a court ruling on the participants in the proceedings, other persons subject to the criminal proceedings or persons not subject to the proceedings. The suspect and accused shall not be fined.

Exception

Exceptions to the obligation of secrecy are provided by § 214 - Conditions for disclosure of information concerning pre-trial proceedings - of the Code of Criminal Procedure
[…]
(2) Disclosure of information concerning pre-trial proceedings is permitted in the interests of criminal proceedings, the public or the data subject if this, in avoidance of excess:
    1) does not induce crime or prejudice the detection of a criminal offence;
    2) does not damage the interests of the Republic of Estonia or the criminal matter;
    3) does not endanger a business secret or violate the activities of a legal person;
    4) does not violate the rights of the data subject or third parties, particularly in the case of disclosure of sensitive personal data.