Estonia's Data Protection Inspectorate Demands Removal of Criminal Data from Private Website

Estonia's Data Protection Inspectorate (AKI) has ordered the website ettevaatust.ee to remove criminals' names, photos and references to court rulings. The agency finds that the site effectively functions as an unauthorized private criminal records database, which may only be maintained by the state or under state supervision.

The website, created by the non-profit organization Ettevaatust, compiles profiles of sex offenders and perpetrators of domestic violence, allowing users to view offenders' details along with direct links to the criminal records database.

AKI Director General Pille Lehis stated that such a database resembles a criminal records database and is only permissible under state authority. Justice Minister Liisa Pakosta (Eesti 200) added that the website creates a misleading impression of being comprehensive, noting that only a small number of offenders are listed compared to the total number of persons with bans – 6,400 people have permanent bans on working with children, and another 5,000 have temporary bans. Therefore, the website gives a false sense of security to society.

Only links to articles published in the media may remain on the website, as journalism has a separate legal basis for publishing such information. AKI explained that news articles provide added value through analysis, descriptions and context, rather than simply displaying a list of offenders.

In contrast, publicly accessible registries of a similar nature, such as debt default registries, are permitted because specific provisions in the Personal Data Protection Act apply to them, and public interest is justified. According to Lehis, maintaining the ettevaatust.ee website would not be justified even if there were greater public interest, as it is still a registry that may only be maintained by the state.

The website's operator must comply with the inspectorate's order by June 29. The agency said it believes the most likely outcome will be simply restricting access to the website. The site's original co-founder, influencer Mallu Mariann Treimann-Legrant, disagreed with the decision, questioning why the state has such a strong need to protect criminals who destroy the lives of children and women.