Chapter 1.- General Provisions
§ 1. Scope of application of Act
(1) This Act provides for the organisation of acquisition, appraisal, archival processing, preservation and accessing of records, and the bases of the activities of archives.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
(2) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
§ 2. Records management and archival processing
(1) For the purposes of this Act, records management is the creation, registration, communication, classification, storage and use of documents until their transfer to an archives.
(2) For the purposes of this Act, archival processing is the arrangement and description of records and their transfer to an archives.
§ 3. Archives
(1) For the purposes of this Act, an archives is an archival agency which is engaged in the acquisition, preservation, arrangement and use of records or a structural unit of the National Archives as provided for in this Act.
(2) The archives of an agency or person is a comprehensive set of records created or received in the course of the activities of the agency or person.
Chapter 2.- Records
§ 4. Documents and records
(1) For the purposes of this Act, a document is information recorded on any medium, which is created or received in the course of the activities of an agency or person, and the content, form and structure of which is sufficient to provide evidence of facts or activities.
(2) For the purposes of this Act, records are documents which have an established retention period or which are being preserved due to their value to the community, state, owner or other persons.
§ 5. Public records
(1) Public records are records created or received as a result of the activities of state and local government bodies and agencies, and legal persons in public law, and records of legal persons in private law and records of natural persons created or received in the course of performance of public duties provided by law or on the basis thereof.
(2) Public records are part of the national cultural heritage.
§ 6. Private records
Private records are records created or received as a result of the activities of legal persons in private law and natural persons.
§ 7. Owners of records
(1) The state, local governments and, until the transfer of records to the state archives, the persons whose activities result in such records can be the owners of public records, unless otherwise prescribed by law.
(2) The ownership of public records may only be transferred to the state. Public records belonging to the state are inalienable.
(3) Private records belong to legal persons in private law or natural persons. Transactions with private records which are entered in the archives register may be entered into under the conditions provided for in this Act.
(4) Public records may be transferred with the permission of the public archives into the possession of another person or agency on the basis of a contract, by an instrument of delivery and receipt.
(5) Ownerless records of archival value shall be acquired by the state and preserved in the archives to which the records shall be transferred pursuant to law or in the archives designated by the State Archivist.
§ 8. Archives register
(1) The archives register shall be established and the statutes for its maintenance shall be approved by the Government of the Republic pursuant to the procedure prescribed in the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552; 1999, 10, 155; 2000, 50, 317; 57, 373; 92, 597; 2001, 7, 17; 17, 77; 61, 375; 63, 387).
(2) The archives register is a state register whose chief processor is the State Chancellery and whose authorised processor is the National Archives.
(3) Information concerning public records and sets of records is entered in the archives register.
(4) It is mandatory for legal persons in private law and natural persons to submit information concerning records created or received in the course of performance of public duties for entry in the archives register. The list of such records shall be provided for in the statutes for maintenance of the archives register.
(5) Information concerning private records of cultural, historical or practical value may be entered in the archives register either on the application of the owner or on the proposal of the State Archivist with the consent of the owner. The State Archivist shall decide on the entry of such records in the archives register.
(6) At least the following information concerning records and sets of records shall be entered in the archives register:
1) title or name;
2) location;
3) owner;
4) possessor;
5) quantity.
§ 9. Private records entered in archives register
(1) The provisions established in this Act for archival processing, destruction and protection of public records extend to private records entered in the archives register.
(2) Upon the transfer of possession or ownership of private records entered in the archives register, the transferor of ownership or possession is required to notify the National Archives of the transfer and inform the new owner or possessor of the existence of information concerning the records in the archives register.
(3) The state may assist the owner or possessor of a private record item entered in the archives register in the arrangement and preservation of such record item, on the application of the owner or possessor. The provision of assistance shall be decided by the State Archivist upon the existence of the necessary budgetary funds, taking into account the quantity or value of the records entered in the register which are to be preserved.
§ 10. Transfer of ownership of private records entered in archives register
(1) If private records entered in the archives register are transferred by way of sale, the state has the right of pre-emption with respect to such records or the right to copy such records in advance. Owners of records shall notify the National Archives in writing of the desire to sell private records entered in the archives register.
(05.06.2002 entered into force 01.07.2002 – RT I 2002, 53, 336)
(2) (Repealed – 05.06.2002 entered into force 01.07.2002 – RT I 2002, 53, 336)
(3) If the National Archives waives the exercise of the right of pre-emption, the owner is required to permit the National Archives to make a copy of the record item.
(05.06.2002 entered into force 01.07.2002 – RT I 2002, 53, 336)
(4) Owners of private records are required to notify the archives register of the transfer in any other manner or transfer of possession of private records entered in the archives register.
Chapter 3.- Archival Administration
§ 11. Duties of State Chancellery in archival administration
The State Chancellery:
1) plans the development of the archival system and services;
2) organises the drafting of legislation which regulates archival matters;
3) plans the budgetary funding of the archival system and services;
4) is the chief processor of the archives register.
§ 12. Duties of National Archives in archival administration
The National Archives:
1) participates in planning the development of the archival system and services;
2) participates in the drafting of legislation which regulates archival matters;
3) organises archival supervision;
4) is the authorised processor of the archives register;
5) reviews the draft annual budgets for state archives and, if necessary, proposals concerning supplementary budgets, and, on the basis thereof, submits a draft annual budget for the National Archives together with an explanatory memorandum to the State Chancellery;
6) addresses issues of archival research and methodology;
7) organises in-service training in archival matters;
8) provides an opinion on plans concerning training in archival matters;
9) organises professional examinations for archivists and issues professional certificates;
10) organises the publication of records and printed matter concerning such records.
§ 13. Duties of State Archivist in archival administration
The State Archivist:
1) directs and represents the National Archives;
2) decides, if necessary, on the distribution of records between archives;
3) decides, if necessary, on the entry of records in the archives register and the deletion of records from the archives register pursuant to the procedures provided by law and the statutes for maintenance of the archives register;
4) issues activity licences for the provision of archival services;
5) decides on the destruction of records of archival value;
6) exercises archival supervision within the limits of his or her competence;
7) performs other duties prescribed in this Act within the limits of his or her competence.
§ 14. Archives Board
(1) The Archives Board is an advisory body on archival matters consisting of up to fifteen members and directed by the State Secretary.
(2) The following are members of the Archives Board:
1) the State Secretary as Chairman of the Archives Board;
2) the State Archivist;
3) the Secretaries General of the Ministry of Justice, Ministry of Defence, Ministry of Culture, Ministry of Internal Affairs and Ministry of Foreign Affairs, or persons authorised by them;
4) a representative of the Bank of Estonia on the proposal of the President of the Bank of Estonia;
5) a representative of the Office of the Riigikogu2 on the proposal of the Director of the Office of the Riigikogu;
6) a representative of the University of Tartu on the proposal of the Rector of the University of Tartu;
7) one representative of all the national local government associations on the joint proposal of the associations;
8) a representative of the National Library on the proposal of the Director General of the National Library;
9) other experts appointed by the State Secretary including one city or rural municipality archivist and one county archivist.
(3) The State Secretary shall convene the Archives Board at least once every six months, and also at the request of at least five members.
(4) The duties of the Archives Board are to:
1) review the main objectives for development of the archival system and services;
2) review and provide an opinion on draft legislation of general application concerning the archival system and services, records management and document preservation;
3) provide an opinion on the establishment or termination of the activities of public archives;
4) conduct a public competition pursuant to the procedure provided for in the Public Service Act (RT I 1995, 16, 228; RT I 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001, 7, 17 and 18; 17, 78; 42, 233; 47, 260; 2002, 21, 117) and on the basis thereof to find a candidate for the position of State Archivist, taking into account the professional requirements for archivists;
5) discuss, if necessary, the organisation of records management by state administrative agencies and other archival matters.
(5) The Archives Board adopts decisions by a majority of votes in favour and has a quorum if at least eight members of the Board are present at a meeting of the Board.
§ 15. Archival rules
Archival rules regulate and specify the establishment of retention periods for documents, the appraisal, disposal, archival processing, preservation, protection and use of records, and the acquisition of records by public archives.
Chapter 4.- Public Archives
§ 16. Classes of public archives
(1) Public archives are state or local government archives financed by the state or local governments, respectively.
(2) State archives are the National Archives, county archives and special archives.
(3) Local government archives are city archives, rural municipality archives and archives established as joint agencies of local governments.
§ 17. Competence of public archives
(1) Public archives:
1) acquire and preserve records of archival value;
2) exercise archival supervision;
3) appraise records;
4) provide opinions on the records management procedures of state and local government agencies and legal persons in public law subject to supervision by public archives, prior to the establishment or amendment of such procedures;
5) provide opinions on lists and retention periods of documents of agencies subject to supervision by public archives, prior to the establishment of such lists and retention periods;
6) decide on the destruction of public records of no archival value;
7) ensure the preservation and protection of, and access to, records transferred to archives for preservation pursuant to law and archival rules;
8) address issues of archival methodology;
9) issue archival notices, copies and extracts;
10) organise the use of records in compliance with the law, including the publication of records or information contained therein and the reproduction of records.
(2) Public archives have the right to receive necessary information from agencies and persons for the performance of their duties and to make proposals to such agencies and persons concerning records management and archival processing.
(3) The Government of the Republic may assign to the National Archives the duty to preserve records of no archival value and to organise access to such records, ensuring the necessary budgetary funds for this purpose.
§ 18. National Archives
(1) The National Archives is a government agency administered by the State Chancellery. The statutes of the National Archives shall be approved by the Government of the Republic.
(2) The National Archives is directed by the State Archivist who is appointed to office by the Government of the Republic for five years pursuant to the procedure prescribed by the Public Service Act. The State Secretary shall inform the Government of the Republic of the name of the candidate for State Archivist selected by the Archives Board.
(3) The State Archivist exercises supervisory control over the public servants of the National Archives pursuant to the procedure prescribed by the Government of the Republic Act (RT I 1995, 94, 1628; 1996, 49, 953; 88, 1560; 1997, 29, 447; 40, 622; 52, 833; 73, 1200; 81, 1361 and 1362; 87, 1468; 1998, 28, 356; 36/37, 552; 40, 614; 107, 1762; 111, 1833; 1999, 10, 155; 16, 271 and 274; 27, 391; 29, 398 and 401; 58, 608; 95, 843 and 845; 2000, 49, 302; 51, 319 and 320; 54, 352; 58, 378; 95, 613; 102, 677; 2001, 7, 16; 53, 305; 59, 358; 94, 578; 100, 646; 102, 677; 2002, 57, 354).
(4) The structural unit of the National Archives which deals with national acquisitions organises the acquisition and preservation of records of archival value created or received as a result of the activities of the Office of the Riigikogu, Office of the President, Supreme Court, Office of the Chancellor of Justice, State Audit Office and other national administrative and government agencies, legal persons in public law and national state agencies administered by government agencies.
§ 19. County archives
(1) County archives are regional structural units of the National Archives.
(2) County archives shall be established and their activities shall be terminated by the Government of the Republic, which shall specify the number and territory of county archives in the statutes of the National Archives after hearing the opinion of the Archives Board.
(3) County archives acquire and preserve records of archival value provided for in subsection 18 (4) which are not within the competence of the structural unit of the National Archives and which are created or received as a result of the activities of administrative agencies, government agencies, state agencies administered by government agencies, legal persons in private law and natural persons performing public duties provided by law or on the basis thereof, and local government bodies and agencies if the local government has not established public archives, located within the territory of the county archives.
(4) A county archives is directed by the county archivist who is appointed to office by the State Archivist in accordance with the Public Service Act, taking into account the professional requirements for archivists and after hearing the opinion of the county governor.
§ 20. Special archives
(1) Special archives may be established for the acquisition and preservation of records recorded on special types of mediums.
(2) Special archives are structural units of the National Archives which shall be established and the activities of which shall be terminated by the Government of the Republic, which shall specify the types of mediums to be acquired by and the territory of the special archives in the statutes of the National Archives after hearing the opinion of the Archives Board.
(3) A special archives is directed by a director who is appointed to office by the State Archivist in accordance with the Public Service Act, taking into account the professional requirements for archivists.
§ 21. Local government archives
(1) A city or rural municipality may, on the basis of a corresponding resolution of the local government council and after hearing the opinion of the State Archivist, establish a city or rural municipality archives as a local government administrative agency, the maintenance expenses of which are covered from the city or rural municipality budget.
(2) City and rural municipality councils may, on the basis of an administration contract and after hearing the opinion of the State Archivist, establish joint city or rural municipality archives, the maintenance expenses of which are covered from the local government budgets pursuant to the administration contract.
(3) The competence of a city or rural municipality archives may extend to the territory of another local government pursuant to an administration contract.
(4) The founder of a local government archives shall notify the National Archives in writing of the establishment of the local government archives or of the entry into an administration contract specified in subsection (3) of this section.
(5) Local government archives acquire and preserve records of archival value created or received as a result of the activities of local government bodies and agencies.
(6) A city or rural municipality archives is directed by the city or rural municipality archivist who is appointed to office by the city or rural municipality government pursuant to the procedure prescribed by the Public Service Act, taking into account the professional requirements for archivists. The director of a joint city or rural municipality archives is appointed to office by the city or rural municipality government in whose territory the archives is located, in co-ordination with the city or rural municipality governments which have established the joint agency.
(7) If a local government archives is not established in a city or rural municipality and the city or rural municipality does not participate in the establishment of a local government archives as a joint agency by an administration contract, records of archival value shall be transferred to the county archives operating in the area pursuant to a contract entered into between the local government and the county archives, either with or without transfer of the right of ownership to the state.
Chapter 5.- Archival Services and Private Archives
§ 22. Archival services
The types of archival services are:
1) records management services;
2) archival processing services;
3) records custody services.
§ 23. Archival services activity licence
(1) An activity licence is required for the provision of archival services. An archival services activity licence grants a person the right to provide the archival services indicated therein.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
(2) The standard format of the activity licence is established by archival rules.
§ 24. Application for activity licence
(1) Companies and sole proprietors entered in the commercial register have the right to apply for activity licences.
(2) In order to apply for an activity licence, an applicant shall submit a petition to the State Archivist, which shall set out:
1) the name and address of the applicant, and telephone and facsimile numbers if available;
2) the archival services for which the licence is being applied;
3) the name and position of the person who completes the petition, or an authorisation and signature in the case of an agent.
(3) The following documents shall be appended to a petition specified in subsection (2) of this section:
1) a copy of the memorandum of association or foundation resolution of the company (in the case of a company);
2) a copy of the articles of association (in the case of a company);
3) the commercial registry code;
4) (Repealed – 19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
5) (Repealed – 19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
6) confirmation of the existence of premises suitable for the preservation of records (upon application for an activity licence for provision of custody services);
7) confirmation that a contract will be entered into with an employee who meets the professional requirements for archivists upon receipt of an activity licence.
(4) The State Archivist or an employee of the National Archives authorised by him or her has the right to receive additional information from an applicant for an activity licence on the proposed provision of archival services and to verify the authenticity of submitted information.
(5) An applicant for an activity licence shall not have tax arrears and the state fee shall be paid before the submission of a petition.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
§ 25. Decision on issue of activity licence
The State Archivist shall decide on the issue of or refusal to issue an activity licence within one month after receipt of a petition and the documents appended thereto and shall notify the applicant of the decision in writing within ten days after the decision is made.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
§ 26. Bases for refusal to issue activity licence
(1) An activity licence is not issued if:
1) (Repealed – 19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
2) information concerning punishment of the applicant for falsification or destruction of documents or data, or for criminal offences relating to data processing has not been erased from the punishment register, or the applicant has been repeatedly punished pursuant to administrative procedure for violation of this Act or archival rules;
3) false information is knowingly submitted;
4) the right of the applicant to provide archival services has been revoked.
(2) If the petition and appended documents are insufficient and do not comply with the requirements set out in subsections 24 (2) and (3), the applicant shall be notified thereof, and the applicant has one month to eliminate any deficiencies.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
§ 27. Term of activity licence
(1) Activity licences are issued for three years, or for ten years to provide records custody services.
(2) An activity licence becomes invalid prematurely:
1) (Repealed – 19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
2) on the decision of the State Archivist if administrative penalties for violation of this Act or of archival rules have been imposed repeatedly on the applicant.
§ 28. Private archives
For the purposes of this Act, a private archives is an archival agency providing records custody services established by a provider of archival services.
§ 29. Duties of private archives
(1) Private archives shall operate pursuant to law and archival rules.
(2) Private archives are required to ensure:
1) preservation and protection of, and access to, records according to the requirements;
2) protection of personal data and business secrets;
3) compliance of archival repositories with established requirements;
4) the existence of employees who meet the professional requirements for archivists;
5) the continued preservation of records upon termination of the activities of the archives by organising the return of the records to their owners or the transfer of the records to other archives with the approval of the owners of the records.
Chapter 6.- Appraisal and Destruction of Records
§ 30. Appraisal of records
(1) Public archives shall appraise records in order to decide on the destruction of records or transfer of records to an archives, and in order to determine the archival value of records.
(2) Records shall be appraised upon:
1) transfer of records to an archives;
2) expiry of the retention period of records;
3) a decision of the State Archivist.
(3) In the appraisal of records, a public archives shall be guided by:
1) the applicability of the records in exercising public authority or guaranteeing the rights or duties of persons;
2) the evidential and informational value of the records;
3) the historical and cultural value of the records;
4) the external characteristics, condition and arrangement of the records;
5) existing relationships with other records;
6) the retention periods of documents.
§ 31. Retention periods of documents
(1) State and local government agencies, and legal persons shall ensure the preservation of documents created or received in the course of their activities during the periods provided for by Acts or legislation established on the basis thereof or until transfer to an archives pursuant to the procedure prescribed by this Act.
(2) In their registers of documents, state and local government agencies, and legal persons in public law shall establish retention periods for documents created or received in the course of their activities.
(3) Legal persons in private law shall establish retention periods for documents created or received in the course of performance of public duties, in compliance with the periods provided for by law or on the basis thereof.
§ 32. Archival value of records
(1) A public archives may grant archival value to public records as the result of an appraisal.
(2) Public records with archival value shall be preserved permanently.
(3) The archival value of records may be revoked only as the result of an appraisal. The State Archivist shall confirm the result of such appraisal.
§ 33. Destruction of records
(1) A record item may be destroyed:
1) upon expiry of the retention period;
2) upon the medium becoming unserviceable.
(2) A record item with a prescribed retention period may be destroyed upon the medium becoming unserviceable after the information is copied to another medium by the owner or possessor of the record item.
(3) Public records may only be allocated as the result of an appraisal by a public archives.
(4) Private records may only be destroyed with the permission of the owner.
(5) The owner or possessor of a record item is responsible for the legality of the organisation of destruction of the record item.
Chapter 7.- Transfer of Records to Archives
§ 34. Transfer of records
(1) Public records may only be transferred to public archives.
(2) Agencies and persons shall transfer public records of archival value created or received in the course of their activities to the archives which are competent to acquire and preserve them pursuant to Chapter 4 of this Act or to the archives designated by the State Archivist.
(3) Public records of archival value shall be transferred to public archives twenty years after their creation unless otherwise prescribed by law.
(4) Public records shall be transferred on the basis of an application of the transferor and by agreement with a public archives within five years after the expiry of the term specified in subsection (3) of this section. The State Archivist may extend the term for transfer of records which are necessary for the performance of the functions of an agency by up to twenty years, upon the reasoned request of the agency and after hearing the opinion of the Archives Board.
(5) State and local government agencies, and legal persons in public law are required to transfer records to an archives prior to the expiry of the term prescribed in subsection (3) of this section if the activities of such agency or legal person in public law are terminated or if the records are in danger of being destroyed.
(6) Public records of archival value may be transferred prior to the expiry of the term provided for in subsection (3) of this section by agreement with the archives.
(7) A legal person in private law shall transfer public records, the retention period of which has not expired and which belong to the legal person in private law, to public archives if the records are in danger of being destroyed or the legal person in private law is being liquidated.
§ 35. Preparation of records for transfer to archives
(1) Upon preparation of public records for transfer to archives, the transferor of records shall organise and describe the records, which shall include:
1) systematisation of the records;
2) compilation of a list of the records being transferred;
3) arrangement of the records pursuant to archival rules.
(2) Upon preparation of private records for transfer to archives, the transferor of records shall systematise the records.
(3) Preparation of records for transfer to archives shall be co-ordinated with the archives to which the records are being transferred.
§ 36. Procedure for transfer of records
(1) Public records shall be transferred to archives on the basis of an instrument of delivery and receipt. The instrument shall set out at least the name of the transferor, the name of the recipient archives, and the origin and quantity of the records.
(2) Private records shall be transferred to archives for preservation on the basis of a contract by an instrument of delivery and receipt.
(3) Public records shall be prepared for transfer and transferred at the expense of the transferor.
(4) Ownerless records of archival value are accessioned to state archives on the basis of a unilateral instrument of receipt. The instrument shall set out at least the name of the recipient archives and the origin, title or name, and quantity of the records.
§ 37. Refusal to receive records
(1) A public archives may refuse to receive records if:
1) the records are not prepared for transfer to the archives pursuant to law and archival rules;
2) the records have no archival value;
3) the retention period of the records has expired;
4) the records are to be transferred to another archives.
(2) In the case provided for in clause (1) 1) of this section, the archives shall issue a precept to the transferor of the records and set a term for the elimination of deficiencies.
(3) A decision to refuse receipt of records together with justification shall be presented in writing within one month after submission of an application for transfer.
Chapter 8.- Protection of Records
§ 38. Ensuring preservation of records
(1) Upon the creation of records, materials and methods which will ensure their preservation shall be used.
(2) Records shall be kept in rooms favourable for their preservation and secured against damage and destruction. Specific requirements for the preservation conditions for records and for archival repositories are provided for in archival rules.
(3) If records which are entered in the archives register are in danger of being damaged or destroyed, the State Archivist may issue a precept for the transfer of such records for preservation to a public archives.
(4) Owners and possessors of records are responsible for the preservation of records to the extent and pursuant to the procedure prescribed by law.
§ 39. Removal of records from the country
(1) Permanent removal of public records from the country is prohibited.
(2) Public records of archival value may be removed from the country for a specified term and only with the written permission of the State Archivist.
(3) Public records shall be copied prior to removal from the country. The possessor of the records or the archives where the records are preserved shall organise such copying. The copy shall substitute for the original until the original is returned.
(4) Private records entered in the archives register may be removed from the country only with the written permission of the State Archivist.
(5) Private records of value in terms of the state, history or culture of Estonia may be removed from the country only with the written permission of the State Archivist who shall, if necessary, organise the determination of the value of such records and the copying thereof.
(6) If upon customs control, a person is found to be in possession of records specified in subsections (2) and (4) of this section and the person has no authorisation to export them, such records shall be confiscated as prohibited goods, pursuant to the customs rules within the meaning of the Customs Act, and shall be transferred to the archives determined by the State Archivist.
(13.04.2004 entered into force 01.05.2004 – RT I 2004, 28, 188)
Chapter 9.- Access to Records and Restrictions on Access
§ 40. Access to records
(1) Access to records is the right to examine records and information contained therein.
(2) State and local government agencies and bodies, public law agencies and archives are required to ensure access to records in their possession in accordance with this Act, the Public Information Act and archival rules.
(15.11.2000 entered into force 01.01.2001 – RT I 2000, 92, 597 )
(3) Access to public records is unrestricted as of their creation unless the restrictions established in § 42 of this Act extend thereto.
(4) Every person has the right to request information on the existence of data concerning the person from a possessor of records and to examine such data. If access to the records is restricted, the person may examine only the data concerning the person, except in the cases prescribed in subsections 42 (1) and (6) of this Act.
§ 41. Granting access to records
(1) Upon granting access to records, the archives or agency in which the records are located is, at the request of an agency or person, required to:
1) issue extracts and copies of records;
2) allow examination of records in the archives;
3) issue archival notices.
(2) Records preserved in public archives are not issued for use outside the archives. The head of the archives may issue records for use for a specified term on the basis of an instrument of delivery and receipt for the performance of public duties provided by law or on the basis thereof, or with regard to a legitimate private interest, in which case he or she shall ensure that the records are copied prior to issue. Copies shall be preserved until the originals are returned.
(3) A possessor of records may restrict access to records due to the poor physical condition of the medium or if use of the records may damage the records, however the possessor shall ensure access to the information contained in the records by all persons.
§ 42. Restrictions on access
(1) The procedure for access to records containing a state secret is provided for in the State Secrets Act and legislation issued on the basis thereof.
(26.01.99 entered into force 28.02.99 – RT I 1999, 16, 271)
(2) Access to records containing sensitive personal data is possible at the request of a court or with the written permission of an investigation authority or preliminary investigation authority or the person concerned, or, after his or her death, access is possible for his or her spouse, parents, children, grandchildren, brothers and sisters, and other persons or agencies, on the bases of and pursuant to the procedure prescribed by the Personal Data Protection Act (RT I 1996, 48, 944; 1998, 59, 941; 111, 1833; 2000, 50, 317; 92, 597; 104, 685; 2001, 50, 283; 2002, 61, 375; 63, 387) and the Public Information Act and in compliance with Acts regulating the corresponding sphere.
(15.11.2000 entered into force 01.01.2001 – RT I 2000, 92, 597)
(3) Access to records containing sensitive personal data relating to the state of health, sexual life or confidential information concerning the filiation of a child is restricted for thirty years as of the death of the person, or for one hundred and ten years as of the birth of the person if it is not possible to ascertain the death of the person, or for seventy-five years as of the creation of a document if it is not possible to ascertain the birth or death of the person.
(15.11.2000 entered into force 01.01.2001 – RT I 2000, 92, 597)
(4) In the interests of the prevention of a criminal offence, apprehension of a criminal offender or ascertaining the truth in a criminal proceeding, an investigation or preliminary investigation authority may establish restrictions on access to records containing personal data of the persons concerned, of which the possessor of the records shall be notified.
(5) Access to records containing information classified as a business secret is restricted for twenty years as of the classification of the information as a business secret. Use of a record item containing a business secret prior to the expiry of the restriction is possible with the permission of the owner of the record item or at the request of a court, investigation authority or preliminary investigation authority.
(6) An owner may establish restrictions on access to private records upon transfer thereof to the archives. The conditions for access to records shall be provided for by contract.
(7) The head of an agency shall establish restrictions on access to records designated only for the internal use of the agency pursuant to the procedure provided for in the Public Information Act. Access to such information shall be granted pursuant to the procedure prescribed in the Public Information Act.
(15.11.2000 entered into force 01.01.2001 – RT I 2000, 92, 597)
(8) Lists and inventories of records with restricted access and the conditions for access thereto are public.
§ 43. Archival notices, copies and extracts
(1) Public archives shall issue archival notices, copies and extracts in order to communicate the existence of records necessary to ascertain the rights and transactions of persons and the information contained in such records.
(2) Archival notices, copies and extracts shall be formalised pursuant to archival rules.
(3) Archives shall certify the authenticity of copies, extracts and archival notices issued in order to ascertain the rights and transactions of persons pursuant to the Attestation Act and shall register such issues.
(4) The applicant shall bear the expenses of preparing copies and extracts issued by archives and of copying records pursuant to the reimbursement standards established by the State Archivist.
(14.11.2001 entered into force 01.02.2002 – RT I 2001, 93, 565)
Chapter 10.- Archival supervision
§ 44. Archival supervision
(1) Archival supervision is a system of measures which ensures monitoring of the acquisition, archival processing, preservation and protection of public records, of the organisation of access to public records, of the entry of information concerning records in the archives register and of the destruction of such information, and compliance of the records management of agencies with Acts, archival rules and legislation regulating records management.
(2) The following exercise supervision within the limits of their competence:
1) the State Archivist;
2) archives inspectors;
3) county archivists;
4) directors of special archives;
5) city and rural municipality archivists;
6) persons authorised by the officials specified in clauses 3), 4) and 5) of this subsection.
(3) Persons who exercise archival supervision have the right directly to monitor and obtain documents and information from agencies and persons, within the limits of their competence, concerning archival processing and the preservation, use and protection of records.
(4) Persons who exercise archival supervision:
1) monitor the compliance of the preservation of, access to and protection of records with law and requirements established on the basis of law;
2) monitor compliance with archival rules;
3) monitor the compliance of the established retention periods for records with law and requirements established on the basis of law;
4) monitor the legality of transfers of records;
5) monitor the registration of holdings;
6) issue precepts concerning violations discovered and make proposals for bringing records management into conformity with the law and archival rules;
7) prepare reports if precepts concerning discovered violations are not complied with, and submit such reports to the State Archivist.
§ 45. Supervisory competence of State Archivist
(1) In exercising archival supervision, the State Archivist:
1) issues precepts to state and local government agencies, and persons for the elimination of violations of this Act and of legislation established on the basis of this Act by the Government of the Republic, and for the elimination of violations of provisions of other legislation pertaining to records management, archival processing and the preservation of documents;
2) prepares reports for investigation and preliminary investigation authorities concerning violations of the provisions of this Act, other legislation established on the basis of this Act, and other legislation regulating archival administration and records management.
(2) (Repealed – 19.06.2002 entered into force 01.09.2002 – RT I 2002, 63, 387)
(3) If a state or local government agency or an official thereof does not comply with a precept issued in the course of archival supervision, the State Archivist shall prepare a report to the superior agency or official of the agency or official, on the basis of a report compiled by an archives inspector or county archivist, for the conduct of supervisory control.
§ 46. Supervisory competence of National Archives and archives inspectors
(1) The Office of the Riigikogu, Supreme Court, Office of the President, Office of the Chancellor of Justice, State Audit Office and other national administrative and government agencies, legal persons in public law and national state agencies administered by government agencies are subject to supervision by the structural unit of the National Archives engaged in national archival supervision.
(2) Archival supervision by the National Archives is exercised by archives inspectors on the staff of the National Archives.
§ 47. Supervisory competence of county archives and county archivists
(1) Administrative agencies, government agencies, state agencies administered by government agencies, legal persons in private law and natural persons which perform public duties provided by law and on the basis thereof, and local government agencies if the local government has not established public archives, which operate within the territory of a county archives but which are not subject to supervision by the structural unit of the National Archives engaged in national archival supervision, are subject to archival supervision by the county archives.
(2) Archival supervision by county archives is exercised by county archivists.
(3) A county archivist has the right to authorise archivists on the staff of the county archives to perform the acts prescribed in clauses 44 (4) 1)–5) of this Act.
§ 48. Supervisory competence of special archives and directors of special archives
(1) Agencies whose records which are recorded on special types of mediums are designated for acquisition by special archives are subject to archival supervision by special archives.
(2) Archival supervision by special archives is exercised by the directors of special archives.
(3) A director of a special archives has the right to authorise archivists on the staff of the special archives to perform the acts prescribed in clauses 44 (4) 1)–5) of this Act.
§ 49. Supervisory competence of local government archives and city or rural municipality archivists
(1) Local government bodies and agencies are subject to archival supervision by local government archives.
(2) Archival supervision by local government archives is exercised by the directors of local government archives.
(3) A director of a local government archives has the right to authorise by directive archivists on the staff of the local government archives to perform the acts prescribed in clauses 44 (4) 1)–5) of this Act.
§ 50. (Repealed – 19.06.2002 entered into force 01.09.2002 – RT I 2002, 63, 387)
Chapter 101
(19.06.2002 entered into force 01.09.2002 – RT I 2002, 63, 387)
Liability
(19.06.2002 entered into force 01.09.2002 – RT I 2002, 63, 387)
§ 501. Violation of requirements of Archives Act and archival rules
(1) Violation of the requirements of the Archives Act or the archival rules is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 20 000 kroons.
(3) The provisions of the General Part of the Penal Code (RT I 2001, 61, 364) and of the Code of Misdemeanour Procedure (RT I 2002, 50, 313) apply to the misdemeanours provided for in this section.
(4) The State Archives is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in this section.
(19.06.2002 entered into force 01.09.2002 – RT I 2002, 63, 387)
Chapter 11.- Professional Requirements
§ 51. Professional requirements for archivists
(1) Persons who meet the professional requirements for archivists may work as archivists or archives inspectors in public archives.
(2) Compliance with professional requirements shall be certified by a valid professional certificate.
(3) Professional requirements for archivists and the procedure for professional examinations shall be established by the Government of the Republic.
Chapter 12.- Implementing Provisions
§ 52. Reorganisation of archives
(1) The Government of the Republic shall reorganise the state central and county archives and, with the consent of the local government councils, the local government archives into the National Archives by 1 January 1999.
(2) Until the reorganisation of the state archives into the National Archives, the state archives shall perform their current duties taking into account the provisions of § 17 of this Act.
(3) The duties of the State Archivist provided for in § 39 of this Act shall be performed by the State Chancellery until 1 January 1999.
§ 53. Implementation of Public Service Act with respect to employees of public archives
(1) The employment contracts of employees at the archives being reorganised into the National Archives as provided for in § 52 of this Act shall be transferred to the National Archives within two weeks after the formation of the National Archives. The obligations of the employer shall transfer to the National Archives.
(2) Within two months after the formation of the National Archives, archival officials working in state and local government archives pursuant to the Republic of Estonia Employment Contracts Act (RT 1992, 15/16, 241; 1993, 10, 150; RT I 1993, 26, 441; 1995, 14, 170; 16, 228; 1996, 3, 57; 40, 773; 45, 850; 49, 953; 1997, 5/6, 32; 1998, 111, 1829; 1999, 16, 276; 60, 616; 2000, 25, 144; 51, 327; 57, 370; 102, 669; 2001, 17, 78; 42, 233; 53, 311; 2002, 61, 375) shall be registered as employed in the service, retroactively as of 1 January 1999, on the basis of the staff lists approved by the State Secretary.
(3) Upon implementation of subsection (2) of this section with respect to employees of public archives, §§ 161 and 162, subsection 163 (3) and §§ 164–168 and 170–176 of the Public Service Act apply by analogy, however the terms for performance of the acts prescribed by the above sections shall be calculated from 1 January 1999.
(4) Upon implementation of §§ 161 and 164 of the Public Service Act, the employment contracts of employees who have given advance notice of the termination of their employment contracts pursuant to the procedure prescribed by the Republic of Estonia Employment Contracts Act prior to the formation of the National Archives, or to whom the State Archivist gives advance notice of the termination of their employment contracts within one month after the formation of the National Archives, shall be terminated pursuant to the Republic of Estonia Employment Contracts Act and within two months after the formation of the National Archives
(5) The length of service of employees of public archives includes time working in state and local government archives and in agencies which direct the archival system and services on behalf of the state prior to the entry into force of this Act.
(6) The increase in old-age pensions provided for in subsection 57 (2) of the Public Service Act does not extend to persons whose employment relationship with the state archives ends before 1 January 1999.
§ 54. Entry of records in archives register
Records preserved in public archives upon the entry into force of this Act belong to the state or to a local government and shall be entered in the archives register within two years after the entry into force of this Act.
§ 55. Establishment of archival rules
The archival rules specified in § 15 of this Act shall be established by the Government of the Republic by 1 January 1999.
§ 56. Compliance of archivists with professional requirements
(1) The professional requirements and the procedure for professional examinations specified in § 51 of this Act shall be established by the Government of the Republic by 1 January 1999.
(2) Archivists shall comply with the established professional requirements by 1 January 2001.
[§§ 57–69 omitted]3
§ 70. Entry into force of Act
(1) This Act enters into force on 1 May 1998.
(2) Chapters 5 and 10 of this Act enter into force on 1 June 1999.
(1) RT = Riigi Teataja = State Gazette
(2) Riigikogu = the parliament of Estonia
(3) The omitted sections amend other legislation.