The Estonian Association of Information Technology and Telecommunications is requesting the Ministry of Justice to suspend the handling of a bill seeking to amend the Imprisonment Act, which is scheduled to be put to third reading in the parliament in early March, as the association believes its provisions contradict European Union law.
The bill is aimed at granting the prison service the right to collect and process data as defined under the electronic communications law. The Association of Information Technology and Telecommunications believes that this change is not in compliance with EU law, and the state must ensure its alignment with EU regulations.
“Adding new grounds for the collection and processing of communication data should be avoided. Instead, Estonia must thoroughly review the legal norms governing the storage and processing of such data in the context of crime prevention, ensuring their compliance with European Union law and the judicial practice of the European Court,” CEO of the association Doris Pold said.
The association expresses confusion over the legal justification for incorporating telecommunications data into the prison registry and the demand for real-time data provision from telecommunications operators.
“Should the bill be enacted in the same form as it is being presented for third reading, it would lead to the introduction of vague legal standards into the Estonian legal system, the practical enforceability of which is questionable. Moreover, it would exacerbate the already complex issue of telecommunications data storage and utilization,” Pold added.
The Association of Information Technology and Telecommunications asks the Ministry of Justice to suspend the handling of the bill until a comprehensive review and alignment of the telecommunications data processing regulations have been conducted. Alternatively, the association suggests the possibility of removing the provisions related to telecommunications data from the bill for separate processing.
Third reading of the bill geared at amending the Imprisonment Act in the Riigikogu is scheduled for March 6.
Source: BNS
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