Justice Ministry Updates Electronic Mail Usage in Criminal Proceedings

The Justice Ministry is developing legislation that regulates the use of electronic mail and information contained in smart devices in criminal proceedings. The amendment concerns the secrecy of correspondence act.

The Estonian Justice Ministry has begun work on legislation that addresses the use of electronic correspondence and data stored on smart devices in criminal proceedings. The amendment clarifies the conditions under which electronic mail and information found on mobile devices can be used as evidence in criminal proceedings.

The proposed amendment concerns principles of correspondence secrecy, which need to be modernised in the digital age. An increasingly large share of people's communication with each other takes place electronically, which is why it is important to legally regulate how such information is treated in investigative proceedings.

The purpose of the legislative amendment is to ensure a balance between individuals' right to privacy and effective criminal proceedings. The Justice Ministry is developing a solution that would meet both constitutional requirements and the particularities of contemporary digital communication.