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BalticsPublished: 22 June 2026 at 15:20

Estonia's Defence Forces Seek to Maintain Phone Search Powers

The Estonian Defence Forces want to keep the authority to inspect and delete photos from civilians' smartphones under new legal amendments being drafted by the Ministry of Justice to limit data collection scope.

Foto: ERR News

The Estonian Ministry of Justice is working on legislative changes that would clarify how law enforcement can collect information from smart devices and email during criminal investigations. The goal is to prevent overly broad data collection that might expose private information unrelated to the case. Meanwhile, another piece of legislation aims to regulate how authorities can demand data from phones.

The Ministry of Defense has submitted feedback arguing that the Defence Forces should retain the right to examine and delete images from people's phones, particularly if they have photographed military installations. If necessary, they want the ability to seize the device for inspection. The ministry stated that regulations are needed to ensure such data can be used as evidence in subsequent legal proceedings.

At the same time, the Ministry of Defense emphasized that digital evidence collection must be justified and carried out on lawful grounds. They suggested a risk-based approach, where actions that most heavily interfere with fundamental rights would be subject to stronger procedural safeguards.

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