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Statutes of Ametlikud Teadaanded

Issuer:Minister of Justice
Type:regulation
In force from:06.04.2015
In force until: In force
Translation published:09.12.2016

Statutes of Ametlikud Teadaanded

Passed 30.03.2015 Annex 13

This regulation is established based on subsection 13 (4) of the Riigi Teataja Act.

Chapter 1 General Provisions 

§ 1.  Ametlikud Teadaanded

 (1) Ametlikud Teadaanded is an official online publication of the Republic of Estonia, which publishes notices, invitations, summons and announcements (hereinafter notice) that must be published according to an Act or a regulation of the Government of the Republic or a regulation of a minister and is not subject to publication in another publication.

 (2) The up-to-date list of published notices is published on the website of Ametlikud Teadaanded.

 (3) Ametlikud Teadaanded is also a database that forms a part of the state information system.

 (4) A notice published in Ametlikud Teadaanded has a legal meaning in an event provided by law.

§ 2.  Chief processor and authorised processor of Ametlikud Teadaanded

 (1) The publisher and chief processor of Ametlikud Teadaanded is the Ministry of Justice (hereinafter publisher).

 (2) The publisher:
 1) manages the publishing of Ametlikud Teadaanded and plans the development thereof;
 2) in cooperation with data providers, organises the drawing up of notice forms and making them available for publication of notices;
 3) gives legal explanations on the publication of notices;
 4) in the case of a legitimate interest, decides whether to grant the right to access the archival data of the database;
 5) makes certain that data providers follow the publication deadlines and informs them of such need.

 (3) The authorised processor of Ametlikud Teadaanded is the Centre of Registers and Information Systems (hereinafter authorised processor).

 (4) The authorised processor:
 1) administers, hosts and develops the database;
 2) supervises data providers in publishing notices and processes data in accordance with legislation to perform the functions provided for in the regulation;
 3) ensures that the security requirements of the database are adhered to, that the database functions technically and ensures access to the database;
 4) performs the duties imposed and the instructions given by the authorised processor.

§ 3.  Data composition

 (1) The following is published on a webpage of Ametlikud Teadaanded in the list of published notices:
 1) the main type of the notice and the names of its subtypes;
 2) legal basis for publishing the notice;
 3) data providers who publish notices of the particular subtype;
 4) the time limit for termination of publication of the notice.

 (2) The data composition of a notice is provided for in subsection 8 (1) of the regulation.

 (3) The database keeps account of data providers and persons who have obtained the right to publish notices on their behalf.

 (4) The following is retrieved to the database of Ametlikud Teadaanded from linked databases:
 1) data of a private legal person and its representatives from the commercial register;
 2) data of an establishment and a public legal person from the state register of state and local authorities;
 3) the given names, surnames and personal identification codes of the natural persons who are data provider representatives and publishers, which originate from the population register, and contact details from the population register and portal eesti.ee.

 (5) Data provider representatives and publishers who are competent to publish notices (hereinafter data provider representative and publisher, respectively) and authorised service users certify data retrieved from the register and, where necessary, insert the job title and e-mail addresses and telephone numbers, as additional contact details.

 (6) A detailed data composition is made available on a webpage of the state information system administration system.

§ 4.  Database security class and security level

  The security class of the database is K2T3S1 and the security level is high (H).

Chapter 2 Data Providers and Publication of Notices 

§ 5.  Data provider and representation rights

 (1) A provider of data to a database is a person or an administrative body obligated or entitled to submit a notice on the basis of a legal instrument.

 (2) The data provider representative and the publisher must identify themselves by entering the webpage of Ametlikud Teadaanded using a document enabling the digital identification of a person.

 (3) A representative of a state or local authority or a public legal person submits an application for representing the data provider and publishing notices in Ametlikud Teadaanded in the name of the data provider.

 (4) A data provider representative specified in subsection (3) of this section enters the following data upon application for the right of representation or verifies the correctness of the data:
 1) the data of the data provider, which is retrieved from the state register of state and local authorities;
 2) the given name, surname and personal identification of the representative, which is retrieved from the population register;
 3) the job title of the representative and their contact details;
 4) the details of a legal instrument or another document, according to which the representative is entitled to submit data in the name of the data provider; if necessary, the representative also adds the document.

 (5) The data of notaries, enforcement officers, bankruptcy trustees and their representatives is submitted to the publisher by their professional associations. The data is inserted in the information system by the authorised processor upon addition of the data of a new data provider and thereafter the data of the representatives and publishers will be altered or added by the data provider representative.

 (6) The data of a data provider who is a private legal person and of the persons who have the right to represent it are retrieved from the commercial register. If there is no data in the commercial register, an application with the data provider’s name, contact details and data specified in clauses 2) to 4) of subsection (4) of this section must be submitted on the webpage of Ametlikud Teadaanded for the purpose of representing the data provider.

 (7) The data provider representative has the right to delegate the right to publish a notice in the name of the data provider to other persons and also the duty to terminate the representative and publisher’s rights if the authorisation of these persons to publish notices in the name of the data provider terminates.

 (8) The authorised processor has the right to verify the right of representation and publication and, for security reasons, to suspend or revoke the rights or to reject the application for the right of representation with reason.

§ 6.  Manners of submission of notice

 (1) Notices are submitted electronically:
 1) on a webpage of Ametlikud Teadaanded;
 2) from other information systems via the data exchange layer.

 (2) If the data provider does not have a chance to submit a notice on the webpage or via the data exchange layer, the authorised processor will create such a possibility or, if there is no such technical possibility, exceptionally allow for submitting the notice by e-mail in a digitally signed form.

§ 7.  Identification of right to publish notice

 (1) The right to publish a notice in the name of a data provider is identified upon publication of a notice using a document designated for identifying a person in a digital manner on a webpage of Ametlikud Teadaanded:
 1) if the data provider is a representative of a private legal person, on the basis of the data of the representative of publisher retrieved from the commercial register or, if the person is not in the commercial register, on the basis of the data of the representative or publisher entered in the database or on the basis of the data given in the application;
 2) if the data provider is a state or local authority or a public legal person, on the basis of the data certified by the authorised processor on the basis of the representative’s request;
 3) if the data provider is a notary, enforcement officer or bankruptcy trustee, on the basis of data submitted by their professional association and inserted by the authorised processor; if data has been inserted on the given data provider, the data provider representative will thereafter alter the data of the representative and publisher;
 4) on the basis of the data of another representative and publisher inserted into Ametlikud Teadaanded by the data provider representative.

 (2) Upon submission of notices from an information system linked to Ametlikud Teadaanded, the right of publication is retrieved from the database of Ametlikud Teadaanded.

 (3) On behalf of the data provider it is possible to publish only notices of such a sub-type which the data provider is entitled to publish.

 (4) A notice that is by way of exception submitted by e-mail is digitally signed by a person who holds the right of publication of the notice in the name of the data provider.

§ 8.  Requirements for content of notice

 (1) A notice must contain at least the following information:
 1) the sub-type of the notice;
 2) the data provider in whose name the notice is submitted;
 3) a reference to the legal ground, indicating the provision of the Act or regulation on the basis of which the notice is published;
 4) the content of the notice that must not contain more information than necessary for the attainment of the purpose of publishing the notice;
 5) if the notice specifies a natural person, the given name and surname of the person in the nominative case and the personal identification code verified with the population register; if the person has no personal identification code, the date of birth will be indicated in the notice, provided that it is known;
 6) if the notice specifies a legal person, the name of the person in the nominative case and the registry code verified with the population register; also the former business names of the legal person are automatically added on the basis of the data of the commercial register;
 7) the contact details of the data provider and, if necessary, the contact details of the publisher.

 (2) A digitally signed notice that has been submitted by e-mail by way of exception must contain details on payment of the state fee. Upon payment of the state fee for another person, the submitter communicates the name of the other person.

 (3) In cooperation with data providers, the publisher draws up forms for the sub-type, taking into account the requirements provided for in subsection (1) of this section and the requirements of the legal instrument on the basis of which the notice is published.

 (4) The notice forms will be made available via the web interface for the publication of a notice or, using a respective service, to other databases that are linked to Ametlikud Teadaanded via the data exchange layer.

§ 9.  Setting time limit for termination of publication of notice

 (1) Under subsection 13 (9) of the Riigi Teataja Act, upon submission of a notice the submitter of the notice determines the time limit of termination of publication of the notice, taking into account the need for attainment of the purpose of publication and the time limits established on the sub-types of the notice on the basis of subsection (2) of this section.

 (2) Notice publication time limits by sub-types are as follows:
 1) notices that do not contain the name or personal identification code of a natural person are published for an unspecified time, unless the Act or regulation on the basis of which the notice is published does not provide for the time limit for termination of publication;
 2) notices containing personal data for the publication of which there is an overriding public interest are published for up to 30 years or for an unspecified time, unless the Act or regulation on the basis of which the notice is published provides for a different time limit for termination of publication;
 3) notices containing personal data the time limit of termination of publication of which arises from legislation or is related to the time limit specified in the notice and to the attainment of the purpose of publication is published for the aforementioned time limit.

 (3) A publication time limit is automatically set to notices specified in clause 1) of subsection (2) of this section.

 (4) The publication time limits of notices specified in clauses 2) and 3) of subsection (2) of this section are set in the database with the approval of the representatives of data providers and with the possibility to change them within the limits prescribed upon publication in accordance with the purpose of publication of the sub-type of the notice.

 (5) The relevant list of notice sub-types along with the publication time limits are published on the website of Ametlikud Teadaanded.

§ 10.  Submission and publication of notice

 (1) In order to submit a notice in the name of a data provider, its representative or publisher enters the database of Ametlikud Teadaanded via a web interface.

 (2) Upon submission of a notice, the publisher:
 1) chooses the pre-filled form corresponding to the notice sub-type;
 2) enters the missing data and, if necessary, the text;
 3) verifies data with registers linked to Ametlikud Teadaanded by exploiting the means created in the form;
 4) if necessary, sets an additional e-mail address for delivering the notice to a person;
 5) if possible, sets a waiting period for the delivery of the notice to a person during which the notice is not published;
 6) sets a time limit for the publication of the notice if it is permitted for the notice sub-type;
 7) if necessary, sets the area of influence of the notice;
 8) decides the displaying of the data of the notice publisher in the notice.

 (3) A notice the publication of which is subject to a state fee is published after accrual of the state fee.

 (4) After filling in the notice form the publisher certifies the correctness of the inserted data and the notice is automatically published with the publisher's digital stamp.

 (5) By way of exception, if the data provider cannot publish a notice online or via the linked information system and such a possibility cannot be created, the notice may be submitted for publication in the digitally signed form. In such an event the authorised processor inserts the notice.

§ 11.  Correction of obvious inaccuracy in published notice

 (1) The authorised processor or the publisher corrects an obvious inaccuracy in a published notice and states the reason for correcting the error and describes the correction.

 (2) It is prohibited to correct an error if it changes the content of the notice or personal data.

 (3) Upon correcting an error in a published notice, the corrector, the time of correcting the error and the reasons along with a description of the improvement are displayed next to the notice.

§ 12.  Termination of publication and deletion of notice

 (1) Upon expiry of the publication notice, the publication of the notice will terminate and it will be automatically moved to the archives of the database.

 (2) If the purpose of publication is to deliver a notice to a person, the person has the right to confirm the receipt of the notice upon entering the database of Ametlikud Teadaanded using the My Ametlikud Teadaanded (hereinafter My AT) service with the help of a document designated for the digital identification of the person, and in such an event the publication of the notice is terminated automatically before the expiry of the time limit for publication.

 (3) A person whose personal data a notice contains or another person concerned can demand that the data provider stop the publication of the notice whose purpose of publication has been attained.

 (4) If the requirement provided for in subsection (3) of this section is justified, the data provider will terminate the publication before the expiry of the time limit within ten days after the receipt of a person’s request. Upon early termination, the publisher gives reasons in the notice.

 (5) If the time limit for termination of the publication of a notice is related to the occurrence of an event, the publisher must terminate the publication upon occurrence of the event.

 (6) If it becomes evident that there is no legal ground for the publication of a notice or a notice is not correct in terms of the contents and it cannot be corrected, the publisher or the authorised processor will be required to delete and annul the notice and thus terminate publication. Upon annulment of a notice, the reason is added thereto.

 (7) A notice the publication of which has been terminated and the data thereon is added to the archives of the database along with the annuller, time of annulment and reasons.

Chapter 3 Access to Database 

§ 13.  Access to data

 (1) Everyone has the right to access notices published on the webpage of Ametlikud Teadaanded without charge until termination of publication.

 (2) A published notice whose purpose of publication is not the delivery of the notice to a natural person can be reused and automatically downloaded.

§ 14.  Access to archival data

 (1) A notice moved to the archives of the database can be accessed via the web interface using a document designated for digital identification by:
 1) the person whose data is contained in the notice;
 2) the data provider, their representative and publisher, regarding notices submitted in the name of the data provider;
 3) at the request of a state or local authority or a representative of a liberal profession for the purpose of performing its functions, regarding notices published by other data providers;
 4) a person who has a legitimate interest, on the basis of a justified application.

 (2) If the publisher finds that an application submitted on the basis of clause 4) of subsection (1) of this section is reasoned, the authorised processor will create access to the notice specified in the application within five working days after the submission of the request.

 (3) If an additional analysis is required for identification of a legitimate interest, the publisher may extend the time limit for deciding the granting of access to the notice to up to 15 working days. The authorised processor informs the applicant within five working days of the extension of the time limit, stating the reasons thereof.

 (4) By way of exception, if the applicant lacks the possibility to submit an application via the web interface, the data will be issued in the requested manner, identifying the person whom the data will be issued.

 (5) Data on who and when accessed the notice is automatically registered and preserved together with the notice in Ametlikud Teadaanded, unless the notice was accessed for the purpose of identifying truth in criminal proceedings or national security.

 (6) The authorised processor asks the publisher for instructions regarding the releasing of archival data.

§ 15.  E-notification by database

 (1) A notification on a published notice or a notice submitted for publication is sent to a person whose data is contained in the notice.

 (2) A notification is sent via the eesti.ee portal to the e-mail addresses redirected by the person and to the e-mail addresses registered in the population register and commercial register as well as to the e-mail address that the person or data provider has entered in the database of Ametlikud Teadaanded.

 (3) Upon confirmation of the granting of the right of publication and delivery of a notice, a notification is sent to the e-mail addresses of the data provider representative and to the publisher.

§ 16.  My AT service

 (1) Using a document designated for digital identification, a natural person and the representative of a legal person has the right to enter the database via the web interface and use the My AT service free of charge.

 (2) My AT service allows for:
 1) confirming the receipt of notices submitted for delivery to a person and published notices;
 2) access notices containing one’s own data the publication of which has been terminated;
 3) access data on who and when has viewed notices containing their data, which has been moved to the archives of the database;
 4) order notifications regarding the disclosure of notices by e-mail;
 5) use other service opportunities.

§ 17.  Preservation of data

 (1) Annulled notices and notices whose publication has been terminated are moved to the archives of the database and access to them is granted in accordance with § 14 of the regulation.

 (2) The authorised processor preserves notices and their details in accordance with the preservation deadlines in force, but no longer than 30 years from moving them to the archives.

 (3) If as a result of assessment, an archival value has been attributed, the notice will be retained permanently.

Chapter 4 Final Provisions 

§ 18.  Supervision

 (1) Supervision over management of the database is exercised by the publisher and the authority specified in subsection 531 (1) of the Public Information Act. The Data Protection Inspectorate exercises supervision over the lawfulness of managing the database.

 (2) The authorised processor submits reports to the publisher or gives explanations on problems that have become evident upon maintaining the database. The authorised processor has the right to demand that the publisher give instructions for solving problems.

 (3) If defects become evident in managing the database, the authorised processor of the database will be required to remove the defects specified in a precept of the supervisory authority by the closing date set by the supervisory authority.

§ 19.  Implementation of regulation

  The regulation is implemented upon putting the new information system of Ametlikud Teadaanded into use.

§ 20.  Repeal of regulation

  Regulation No. 43 of the Minister of Justice of 1 September 2011 ‘Statutes of Ametlikud Teadaanded’) is hereby repealed.

§ 21.  Entry into force of regulation

  The regulation will enter into force on 6 April 2015.