The Chancellor of Justice supervises the following authorities:
- state authorities and the authorities under their administration (ministries, agencies and inspectorates, county governments, etc.);
- local governments and the authorities under their administration (rural municipality governments, city governments, etc.);
- legal persons governed by public law (the Bank of Estonia, universities, etc.);
- natural persons performing public duties (notaries, trustees in bankruptcy, bailiffs, etc.);
- legal persons in private law, performing public duties (public limited company providing parking or ambulance services, etc.).
If the Chancellor of Justice finds that the activity of an authority performing public duties is unlawful, he or she shall issue a statement that includes the description of how the authority has violated a person’s rights and if necessary, makes a recommendation to the authority for compliance with the practice of legality and good administration or a suggestion for elimination of the violation. In both cases, he or she shall assess before taking a position whether the authority has complied with the law and whether communication with the person has been in conformity with the practice of good administration. In his or her statement, the Chancellor of Justice may criticise, express his or her opinion or give concrete recommendations for eliminating the violation.
The Chancellor of Justice is authorised to make an inquiry to the authorities under inspection to gain information on how his or her statement has been taken into consideration. If the Chancellor of Justice’s proposal is not fulfilled or his or her inquiry is not responded to, he or she may submit a report to the supervisory authority of the agency in question, the Government of the Republic and the Riigikogu. The Chancellor of Justice has a right to disclose information regarding the case to the public. This statement of the Chancellor of Justice is final and cannot be contested in court.
Supervision of the activities of surveillance agencies
The Chancellor of Justice also supervises those state agencies that organize the interception of telephone calls and conversations, monitor correspondence, and collect, process and use personal data in other covert ways. The Chancellor of Justice checks whether all covert operations are carried out following the applicable regulations.
Surveillance is used to prosecute crimes and ensure public order, and security agencies also collect information necessary for their work by covertly processing personal data. It must be considered important that, when ensuring fundamental rights, surveillance agencies do not focus only on potential criminals, but also on so-called third parties whose fundamental rights are violated by various operations: the interlocutors, family members and acquaintances of the persons being intercepted, as well as all those who accidentally “get caught in the conversation and image” during surveillance operations. Among other things, this may concern situations where the interests of the aforementioned are harmed, for example, by the publication of criminal proceedings data after a court decision has been made or a criminal case has been closed.
The Chancellor of Justice has the right to propose the termination of an illegal practice after the violations have been identified. If the violation of a fundamental right is caused by a legal provision that is contrary to the Constitution, the Chancellor of Justice shall initiate proceedings to bring that provision into conformity with the Constitution.
