Estonian Security Police propose separate law on background checks

Estonia's Internal Security Service (KaPo) has proposed regulating background checks for candidates seeking critical positions through a separate law. The agency says the need for such checks has increased significantly in recent years due to a deteriorating security environment.

Each year, security agencies present the interior minister with their assessment of what the state needs to do to ensure internal security. In this year's assessment, KaPo notes that Russia's aggressive behavior has sharply increased the need to check the backgrounds of employees taking up critical positions, citing the defense industry as one example.

KaPo spokesperson Marta Tuul said the legal basis for such checks could be established through a dedicated background-check law. She explained that checks are currently carried out under several separate laws, including the Aviation Act, the Prison Service Act, the Defence Forces Organisation Act, and the Police and Border Guard Act, among other legislation — each governing different areas with differing and inconsistent requirements and recommendations.

Tuul added that candidates for higher-risk positions already undergo background checks, but the agency does not see an immediate need to expand the range of positions subject to such checks. She noted that the number of checks has grown year over year due to the security situation and events in Ukraine, but that there is no need to broaden the circle of people subject to review.

More sensitive positions

Interior Minister Igor Taro said the number of positions requiring background checks has increased. Sensitive positions linked to state secrets have emerged, and employers now vet more carefully who is hired to work at vital-services facilities.

Amendments to the Emergency Act that took effect in 2024 expanded the range of vital service providers. Estonia currently has 22 types of such services, provided by more than 400 companies. The list was recently expanded to include family doctor services, medicine and food supply, as well as air navigation, airport, port and public railway services. Under the Emergency Act, candidates for critical positions at these service providers must also undergo a background check. Employers or state institutions cannot conduct background checks arbitrarily — a direct legal basis is required, and the individual must be notified.