Internal Security Service calls for standalone background-check law

Estonia’s Internal Security Service says the legal framework for background checks should be consolidated into a separate law, ERR reported, as demand for checks on people taking critical jobs has increased because of the security situation in recent years.

In its annual advice to Interior Minister Igor Taro on measures to ensure internal security, the agency said the need for background checks had risen sharply in connection with Russia’s aggressive behaviour, highlighting the defence industry as one example.

Internal Security Service spokesperson Marta Tuul said checks are currently conducted under several sector-specific laws, including the Aviation Act, Imprisonment Act, National Defence Organisation Act, and Police and Border Guard Act. She said the requirements and guidelines differ between sectors and are not uniform.

Tuul said background checks are already carried out for applicants to higher-risk positions, but the agency does not currently see a need to expand the group subject to checks. She added that the number of checks has increased year by year because of the security situation and the war in Ukraine.

Taro said more positions now require background checks, including jobs involving state secrets and certain roles at operators of vital services.

Amendments to Estonia’s Emergency Act that took effect in 2024 expanded the list of vital service providers. Estonia now has 22 vital services provided by more than 400 companies. Newly added services include family doctor care, the supply of medicines and food, air navigation, airport, port and public railway services. Under the act, applicants for critical positions with such service providers must undergo a background check.

Employers and state agencies cannot conduct background checks arbitrarily. They must have a direct legal basis and inform the person that a check will be carried out.