The Police and Border Guard Board (PPA) has said it should have the right to ban people from photographing or filming its buildings after an individual took the agency to court. However, Tallinn Administrative Court does not understand the legal basis for a ban.
At the end of January, a private individual filed a complaint with the Tallinn Administrative Court. They requested, among other things, confirmation of their right to take photos, audio, and video recordings of PPA buildings and premises from publicly accessible areas.
In a letter sent to the PPA, the court noted that it remains entirely unclear on what legal basis the agency can introduce a ban on photographing, audio recording, or video recording its buildings and premises from public spaces.
According to the court, the PPA can establish rules for buildings and premises under the agency’s control but not for public spaces outside those areas.
“Such a ban cannot be established through an internal administrative act. Moreover, it is not possible to penalize someone for violating a ban that does not legally exist. Such a restriction could only stem from a law, regulation, or general order that has been made public in accordance with legal procedures,” the administrative court stated.
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