Interior Minister backs court oversight for phone, email account searches

Estonia's Ministry of the Interior has voiced support for a proposal to require judicial oversight before authorities can search the contents of phones, email accounts, or other digital devices. The initiative comes from the Ministry of Justice and Digital Affairs, which seeks to create clearer legal rules for gathering evidence from email accounts and smart devices in criminal investigations.

Interior Minister Igor Taro (Eesti 200) stated that proposed legislation should clearly reflect principles derived from the European Court of Justice case law to prevent unlawful evidence collection. "To protect people's personal data and privacy, the Interior Ministry proposes creating a separate legal framework for examining the contents of digital devices," he added.

According to Taro, searching a modern smartphone typically constitutes a major intrusion into privacy, as such devices almost always contain messages, documents, photos, contacts, location data and other information that provide a detailed picture of a person's private life. "Therefore, the Interior Ministry proposes that searches of digital devices in criminal proceedings follow the same principles as searches under the Code of Criminal Procedure and generally be subject to court oversight," he said, noting that in the Estonian justice system, searches and wiretaps have long required a court warrant.

The minister also stressed the need to distinguish between seizing a device, copying its data, and accessing its contents. "Seizing a digital device and copying its contents must remain up to investigative authorities to ensure evidence is preserved," he said, specifying that court oversight should apply when investigators begin reviewing the data stored on a device.

Minister backs voluntary sharing: Taro said people should still be allowed to voluntarily show investigators specific messages, documents or other information, not in lieu of general judicial oversight but, for example, to refute a suspicion. The Interior Ministry also cautioned that proposals to copy or filter only selected data before reviewing a device are not technically feasible because investigators cannot know in advance which data will be relevant.

The Ministry of Justice and Digital Affairs sought the Interior Ministry's feedback as it prepares the legislative intent for a future bill. The Justice Ministry's proposal would set rules for collecting evidence from email accounts and devices and create a clearer framework for electronic evidence.