A person approached the chancellor of justice after trying to apply for a digital identity card in April of this year, as their previous document was nearing its expiration. A Digi-ID is a document used to verify one's identity in electronic environments and to provide a digital signature, although it cannot be used to prove one's identity by showing it.

According to information published on the Police and Border Guard Board (PPA) website, digital identity cards are issued only in Selver stores and for a fee. Individuals over the age of 15 must pay €7.30 to receive the document, while those under 15, pensioners, and people with disabilities must pay €4.40. Such identity cards are not issued from PPA service offices.

In response, the Digi-ID applicant filed a complaint with the PPA, arguing that this method of issuing identity cards contradicts the Identity and Citizenship Documents Act , which stipulates that documents are to be issued through the PPA or the Ministry of Foreign Affairs, or, if the applicant wishes, by mail, with the applicant covering the postage costs.

The PPA disagreed with the complainant, responding that Selver is a subcontractor and partner, entrusted with issuing documents under the Administrative Cooperation Act.

"A digital identity card is not a mandatory identity document; it is a convenience service, and therefore we have decided to offer this service solely through our contractual partner," stated the PPA.

The Ministry of the Interior also found that issuing Digi-IDs solely through the service provider, in this case, Selver, complies with the law, noting that the law does not require the PPA to issue such documents at its service offices. The ministry also pointed out that if the state fee or service charge is unsuitable for an individual, there is no obligation to apply for a digital identity card.

However, the chancellor of justice had a different assessment, notifying PPA Director General Egert Belitšev this week that the PPA's decision not to issue digital identity cards at PPA service offices, thus making them accessible only through an external service provider for an additional fee, is in violation of the Identity and Citizenship Documents Act and the Constitution.

"The digital identity card is also an identity document of the Republic of Estonia, issued under the Identity and Citizenship Documents Act. The law does not provide for the possibility that the PPA may refuse to issue any identity document at a PPA service office," said Ülle Madise.

She noted that the explanatory memorandum of the law clearly states that although the PPA may delegate the task of issuing identity documents to a private entity, this provides an additional option for individuals on how to receive their document, and they still retain the right to collect the document from a PPA service office.

"This means that everyone can decide whether they want to pick up the document from a store, and only in that case must they pay a service fee," said Madise. "Since the PPA refuses to issue digital identity cards at PPA service offices, the PPA has effectively imposed an obligation on individuals to pay an additional service fee to obtain a legally required document. Such action contradicts Sections 32 and 113 of the Constitution."

The chancellor of justice requested that the PPA bring its practices in line with the law and allow individuals to collect digital identity cards from PPA service offices. She also requested changes to the information published on the PPA website.

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