Estonia's Supreme Court rules indefinite publication of expunged convictions unconstitutional
Estonia's Supreme Court declared that permanently publishing certain expunged drug and arson convictions violates the constitution, prompting a legislative review.
In a landmark decision, Estonia's Supreme Court struck down the part of the Criminal Records Database Act that mandates the perpetual online publication of names and personal codes for individuals whose drug or arson convictions have been expunged. The challenge was brought by five people, four linked to drug offenses and one to arson, who argued that the continued disclosure harms their reputations and hampers reintegration.
The court recognized the state's interest in preventing serious crimes but ruled that a blanket, indefinite approach is neither proportionate nor justified given the varied severity of offenses and the passage of time. The judgment applies instantly to the five petitioners and to any similar cases currently before the courts, while a six-month suspension gives the Riigikogu time to amend the law. Lawmakers may consider case-by-case assessments or criteria based on sentence length and danger posed, provided any solution aligns with EU law.
Why it matters
The ruling could reshape how Estonia balances public safety with individuals' right to privacy after expungement.
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