This means a Harju County Court decision which annulled a fine imposed on that foundation, Pere Sihtkapital, has been upheld.

In a 2023 contract with the University of Tartu, population policy think tank Pere Sihtkapital requested personal data from the population register — including ID codes, email addresses, and phone numbers — of thousands of Estonian women and sent them a survey with questions adjudged to be personal and sensitive.
The women in the sample group were both those without children and those with larger numbers of children.

The AKI found that Pere Sihtkapital did not sufficiently comply with personal data processing requirements in this, fining the foundation €30,000.

Pere Sihtkapital then took the matter to court. While evidence was examined in court and witnesses testified about the circumstances of the study's execution, the first-tier Harju County Court did not substantively evaluate data protection violations in its decision, instead focusing on whether a legal entity can be penalized where no specific individual who committed the violation is identified.

The court found that the then-wording of § 14 of the Penal Code was not in line with EU law, while the foundation could not have foreseen being held accountable.

The Supreme Court determined that requesting a preliminary ruling from the European Court on the derivative liability of legal persons is no longer relevant, due to the impending expiry of the misdemeanor case in question. Pere Sihtkapital itself had also requested a preliminary ruling at the beginning of the court proceedings, but Harju County Court declined, finding the matter could be resolved based on existing European Court practices.

At the same time, the Supreme Court did not deem it necessary to request a preliminary ruling from the European Court on the interpretation of misdemeanor statute of limitations, as it had previously formed a position on this issue.

Commenting on the AKI's claims, Pere Sihtkapital supervisory board chair Katrin Kiisk said a claim that legal aspects of the data protection allegations were not substantially addressed in court is untrue.

Kiisk said: "Evidence was examined at the county court and witnesses testified regarding the circumstances of the study. Since the court found that the misdemeanor proceedings should be terminated, it did not address substantive matters, in line with the principle of presumption of innocence, as also stated in the decision. Pere Sihtkapital condemns the AKI's approach that, despite the acquittal, the conduct of the study is still being treated in a manner accusing toward the foundation. In our view, this does not align with the principles of the rule of law and the role of the AKI in Estonia's legal system."

Kiisk expressed a hope that the final ruling would bring a legal peace.

"I genuinely hope that the accusations directed at the foundation are now a thing of the past, and that we can continue where we left off. In a third consecutive year of record-low birth rates, the need to study childlessness and large families has become even more relevant. Unfortunately, the data collected previously has been deleted, but the methodology can be restored and the study restarted. We will certainly consult with both AKI and other relevant authorities, as we did last time, because proper procedure has always been our goal," Kiisk went on.

The court had also annulled AKI's decision to fine Pere Sihtkapital €30,000

According to Kiisk, a situation where certain issues concerning Estonian society become taboo and are not addressed is to be avoided.

"We understand that childlessness is a sensitive topic. On the one hand, this is because some people who strongly desire children have not succeeded, for various reasons. On the other hand, there has been a growing trend of choosing not to have children, as shown in studies conducted elsewhere. The opposition to mapping Estonia's situation seems to come mainly from that segment of society, although there's no reason for concern. Reproductive rights remain guaranteed for all in Estonia. The study's aim is not to pressure anyone, but to gain an overview of societal changes, better understand them, and take them into account," Kiisk concluded.

In August 2023, public backlash arose over a study commissioned by Pere Sihtkapital SA via the University of Tartu and conducted by the research firm RAIT Faktum & Ariko OÜ.

The study focused on attitudes of childless women and included sensitive personal data such as information about income, education, living conditions, sexual habits, political views, as well as religious and philosophical beliefs.

The study was conducted on a consent basis, and participants were required to confirm beforehand that they were willing to take part voluntarily.

Pere Sihtkapital halted the study and deleted all data immediately after the media raised concerns about the legality of the study.

The AKI initiated oversight proceedings on the study, targeting the University of Tartu, Pere Sihtkapital Foundation, and RAIT Faktum & Ariko to check for legal compliance in data processing.

Two injunctions were issued in connection with the study, followed by the initiation of misdemeanor proceedings.

Prompted by the incident, the Inspectorate also reviewed the broader process of releasing data from the population register and launched supervision over the Ministry of the Interior.

In June 2024, the Inspectorate imposed a €30,000 misdemeanor fine on the foundation. The foundation appealed the decision.

On May 13, 2025, the Harju County Court annulled the fine and closed the case. The Inspectorate filed a cassation appeal against the decision.

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