First reading of the Draft Act (726 SE) amending the Code of Enforcement Procedure and the Act on the Implementation of the Code of Civil Procedure and the Code of Enforcement Procedure
Session: 15th Riigikogu, 6th Session, Plenary Sitting
Date: 2025-11-05 18:13
Participating Politicians:
Total Speeches: 43
Membership: 15
Agenda Duration: 45m
AI Summaries: 43/43 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
During the first reading of the draft act [726], initiated by the Government of the Republic, which seeks to amend the Code of Enforcement Procedure and the Act on the Implementation of the Code of Civil Procedure and the Code of Enforcement Procedure, the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, introduced the main objectives of the bill. The central amendment of the bill is the interfacing of the Enforcement Register with the Data Tracker, which will be made mandatory for all databases. This step is intended to increase public trust in the register by guaranteeing people the right to see which state authorities (bailiffs, PPA [Police and Border Guard Board], etc.) have made inquiries regarding their bank account data.
Another significant amendment concerns the public disclosure of debtor data. The bill reverses a previous decision to make all debts public, stipulating that only the debts of legal persons will remain publicly visible. The blanket public disclosure of debts owed by private individuals (approximately 70,000 people) will be revoked to prevent stigmatization and difficulties in finding employment. During the debate, Riigikogu members raised questions regarding the technical quality of the bill (contradictions concerning the repeal and amendment of provisions) and the exemptions granted to the Estonian Internal Security Service and the Estonian Foreign Intelligence Service from the Data Tracker notification obligation. Varro Vooglaid (EKRE) criticized the blanket exemption granted to security institutions and the lack of discretion afforded to banks when releasing extensive account data, proposing on behalf of his faction that the bill be rejected. The proposal did not receive support, and the first reading was concluded.
Decisions Made 3
The proposal by the faction of the Estonian Conservative People's Party to reject draft bill 726 during its first reading was defeated in a vote (14 in favor, 53 against).
The first reading of Bill 726 was concluded.
The deadline for submitting amendments was set for November 19th at 5:15 PM.
Most Active Speaker
Varro Vooglaid (EKRE, right-wing) was the most active speaker, repeatedly asking questions about the exceptions for security agencies and the infringement of banking secrecy, and proposing on behalf of the faction that the draft bill be rejected at the first reading.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller proceeded to the second item on the agenda, which was the first reading of the draft Act [726] on amendments to the Code of Enforcement Procedure, initiated by the Government of the Republic, and invited the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, to serve as the rapporteur.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, introduced a draft bill that mandates the linking of the Enforcement Register with the Data Tracker/Auditor. This measure is intended to ensure greater transparency and trust in the exchange of information between banks and bailiffs, allowing individuals to see who has queried their data and when. Furthermore, the bill stipulates that only the debts of legal entities will be made public, not those of private individuals.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller thanked the audience or the previous speaker, and then gave the floor to Andre Hanimägi to ask questions.
Andre Hanimägi
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Andre Hanimägi recognizes the direction of the draft bill as correct, but he wants to know if the Chancellor of Justice still deems it insufficient, considering that access to bank account data represents a significant personal infringement of privacy, and whether the level of detail of the data has been reduced in the meantime.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta clarified that the draft bill under discussion regulates only the technical and fundamental details of the enforcement register (such as the public disclosure of debts), emphasizing that the criticism regarding the access of state institutions (for example, the Financial Intelligence Unit) concerns entirely separate legislation, the need to amend which the Ministry of Justice also acknowledges.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller and Peeter Ernits were invited to the rostrum to deliver their report.
Peeter Ernits
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Peeter Ernits raised the issue concerning the emergence of the publicized list of debtors and its subsequent withdrawal, stressing that there are absolutely no documents or records detailing its initial publication. Consequently, he asked whether such discussions and legislative amendments should be documented more thoroughly going forward, ensuring that the underlying reasons for their creation remain traceable.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta clarifies that the commission is unable to document or minute the discussion concerning the reversal of the decision on the public disclosure of debts (Point 7), because the relevant discussion simply did not occur. She added that the commission determines for itself when and for how long it debates issues.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller gave the floor to Andre Hanimäe.
Andre Hanimägi
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Andre Hanimägi raises a question regarding the exceptions that apply to private individuals—especially those who owe alimony—in the context of abolishing the list of debtors. He further inquires whether private individuals can still obtain information about the debts of other private individuals in carefully considered special cases, rather than this information being limited solely to legal entities.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta stressed that while the debts of legal entities that have reached the bailiff will remain public to ensure a healthy business environment, preventing the public disclosure of the debts of private individuals (approximately 70,000 people) is essential. This is necessary to avoid stigmatization and difficulties in finding employment, especially since many of these debts arose because people fell victim to fraud, resulting in quick loans being taken out in their names.
Aseesimees Arvo Aller
AI Summary
The Deputy Chairman, Arvo Aller, gave the floor to Peeter Ernits, inviting him to the podium.
Peeter Ernits
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Peeter Ernits expressed confusion regarding the timing of amendments to the institutions' statutes, asking whether the necessary provisions concerning inquiries must be incorporated into the bylaws precisely when the new law comes into force.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta emphasized that although the enforcement register has a valid statute, it requires clarification regarding the procedure for processing sensitive data. This is necessary to ensure compliance with the detailed authorization granted by the Riigikogu, which regulates the scope, objectives, and deletion deadlines for data handling (e.g., the five-year rule). She also confirmed that no exceptions are planned for alimony defaulters.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller Varro Vooglaid was called to the rostrum, but the content of his presentation is not reflected in the given text excerpt.
Varro Vooglaid
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Varro Vooglaid expresses concern regarding the blanket exclusion of the Internal Security Service (Kaitsepolitseiamet) and the Foreign Intelligence Service (Välisluureamet) from the requirement to notify individuals about inquiries made concerning them in the enforcement register. He argues that although certain special powers are necessary, a full exemption is not justified, particularly in cases like routine background checks, where notification could be provided after the analysis is concluded.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta corrected the previous question, clarifying that the Security Police Board is not subject to a blanket designation. Instead, the authority integrates with the enforcement register concerning data on criminal proceedings, while data related to the execution of security authority tasks and foreign intelligence remain restricted as an exception, in accordance with security laws and EU Directive 680.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller repeatedly addressed Rain Epler, calling him by name and instructing him to wait with his answer or speech until the discussion moved to the framework of the other question.
Rain Epler
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Rain Epler requested that the minister clarify a controversial provision in the draft legislation regarding the public availability of debts submitted for enforcement, as confusion has arisen between points 3 and 7 of the bill: initially, public disclosure is completely cancelled, but subsequently, the cancelled point is amended with the phrase "concerning a legal person." This leaves it ambiguous whether only the debt information pertaining to legal persons will remain public, or if the information will vanish altogether.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, thanked the questioner for the precise question and admitted that an error (in point 3) concerning the rules for the disclosure of liabilities had been included during the preparation of the draft bill. However, she confirmed that the Legal Affairs Committee had already identified the mistake and promised to rectify it before the second reading, ensuring that the debts of natural persons would not be made public wholesale.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller gave the floor to Varro Vooglaid from the podium.
Varro Vooglaid
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Varro Vooglaid clarified his previous question, voicing profound confusion regarding the provision of the draft law which grants security institutions, particularly the Security Police Board (KAPO), a complete blanket exemption from fulfilling a certain notification obligation for all their duties stipulated by law. He asked why the PPA must provide information during criminal proceedings, but KAPO does not have to, even if the case is not related to a state secret.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Justice and Digital Minister Liisa-Ly Pakosta clarified that the Security Police Board conducts criminal proceedings based on the laws regulating criminal procedure, not the Security Agencies Act, emphasizing a simple yet crucial legal distinction in the basis of the proceedings.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller issued a brief and specific instruction, demanding an immediate response from the minister.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta refutes the previous comment, explaining that criminal proceedings are a stand-alone procedure which, unlike background checks and foreign intelligence, is not covered by an EU-wide restriction. Consequently, the criminal proceedings conducted by the Security Police Board will remain linked to the enforcement register via the data tracker.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller invited the next speaker, Rain Epler, to the podium, thereby granting him the floor.
Rain Epler
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Rain Epler, regarding the draft bill which mandates showing individuals the queries made concerning their data, seeks confirmation on whether the displayed information exhaustively includes all data required under other legislation, such as the Credit Institutions Act, concerning the requester, the purpose, and the legal basis of the query, in order to ensure full compliance with current legislation.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta is refuting the accusation that officials at the Ministry of Justice and Digital Affairs are opening envelopes, explaining that the Enforcement Register is merely a data transmission channel. Due to data protection principles, officials neither open any envelopes nor know their contents. She further clarifies that the current data tracker only informs the user about the time and institution that made the query, not the content of the query itself. To obtain more detailed information, an individual must submit an additional request, although changing and simplifying the concept of the data tracker is currently under consideration.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller concluded the question period, thanked the participants, and announced that the sitting would continue with a summary of the discussion held in the steering committee, inviting Madis Timpson, the Chairman of the Legal Affairs Committee, to serve as the rapporteur.
Madis Timpson
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Madis Timpson provided an overview of the Legal Committee session, during which the draft bill was thoroughly debated. He addressed Peeter Ernits’s questions concerning the notification timeline for notes retained in the data tracker, the reasons for reversing the provision on the public disclosure of debtors’ data, and the initial commencement of the bill’s drafting. Furthermore, it was unanimously decided to propose concluding the bill’s first reading and forwarding it to the plenary session agenda for November 4th.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller informed the recipient of at least one question and then yielded the floor to Evelin Poolamets.
Evelin Poolamets
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Evelin Poolamets expressed concern regarding the quality and internal inconsistency of the draft bill, drawing attention to the fact that subsection 12 of section 63 is first proposed to be repealed and then subsequently amended. She then asked the rapporteur whether this logical flaw had been discussed by the committee.
Madis Timpson
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Madis Timpson confirmed that although the topic in question (reference to point 3) was overlooked and left unaddressed during the first reading, it has been noted and will certainly be taken up for discussion in the period between the two readings.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller concluded the round of questions, opened the debate for the parliamentary groups, and first gave the floor to Varro Vooglaid, the representative of the Estonian Conservative People's Party.
Varro Vooglaid
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Varro Vooglaid criticizes the limited scope of the parliamentary debate and the lack of substance in the minister’s responses. However, he emphasizes that the main issue is a provision in the draft bill that grants the Security Police Board and other security agencies a blanket exemption from the obligation to notify individuals about inquiries made concerning them via the enforcement register during criminal proceedings and security checks, calling this exception irrational, unfounded, and ethically unacceptable.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller briefly requested three minutes of extra time.
Varro Vooglaid
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Varro Vooglaid sharply criticizes the overly broad and automated access to people's bank account data, balances, and transaction statements granted through the enforcement register, stressing that this renders banking secrecy meaningless because banks are not obligated to assess the proportionality and justification of the inquiries. Consequently, the faction of the Conservative People's Party of Estonia proposes rejecting the draft bill during its first reading.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller asked the minister if he wished to speak, and then gave him the floor.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta corrected a colleague's mistaken legal understandings regarding the legislation regulating the activities of the Security Police Board (KAPO), confirming that KAPO is both a security and an investigative institution, whose data processing and notification obligation are clearly regulated by both domestic law and GDPR. She emphasized that the control over the legality of queries rests with the state (including the Riigikogu Control Committee), not the banks, and that the draft bill in question significantly simplifies how Estonian people find out about data queries made concerning them.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller granted the floor to Varro Vooglaiu for a response speech, having first clarified whether the matter was a procedural question or a right of reply.
Varro Vooglaid
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Varro Vooglaid expressed his sincere gratitude and deep admiration for the Minister of Justice's exceptionally brilliant legal expertise, emphasizing that the opportunity to learn from the minister is a great honor and privilege for all.
Aseesimees Arvo Aller
AI Summary
Deputy Speaker Arvo Aller closed the debate on Bill 726 and announced that, instead of the leading committee’s proposal (to conclude the first reading), the motion put forward by the faction of the Estonian Conservative People’s Party—to reject the bill at the first reading—would be put to a vote.
Aseesimees Arvo Aller
AI Summary
Deputy Speaker Arvo Aller announces that the proposal failed in the Riigikogu vote (14 in favour, 53 against), meaning the first reading is concluded, and the deadline for submitting amendments has been set for November 19th of the current year at 17:15.