Justice chancellor: Transport authority can't require on-site license photos

The Transport Administration's rule requiring people to take their driver's license photo on-site at a service office is unlawful, says Chancellor of Justice Ülle Madise, emphasizing that government agencies can't force people to do something not required by law.
The Office of the Chancellor of Justice received a complaint from someone who wanted to upgrade their provisional driver's license to a full license, but was told their digital ID photo was not acceptable because it had not been taken on-site at a Transport Administration service office.
The agency normally uses photos already in state databases, but if the photo on file is over five years old or the person doesn't want to reuse it, the agency insists they take a new one in person at a service office.
Madise says that's not legal. The agency must update its procedures and let people submit digital ID photos if they choose.
She emphasized that submitting digital ID photos is an individual's personal right, and no current regulations require ID photos to be taken on-site at the Transport Administration. While people still have the option to take their ID photos at a service office, they are also allowed to submit an ID photo taken elsewhere, as long as it meets the requirements.
"The Transport Administration's demand is not justified by references to risks associated with submitting electronic photos that the agency cannot manage," the justice chancellor wrote. "Officials can check whether a photo meets legal standards. Photographers follow these requirements when taking ID photos as well."
If someone applies for a driver's license online, they have to verify their identity electronically anyway, making it reasonable to assume that they are also the one submitting their photo, she said, pointing out that the agency can check it against earlier photos in state databases.
Electronic files usually also include a timestamp, and since a driver's license is mainly used for ID purposes, someone's identity can always be confirmed via official databases if needed.
If necessary, Madise said, the agency can report any implementation issues to the relevant ministry, but it can't require people to do something not required by law.
In today's world, she added, "It's reasonable to expect that people can apply for documents online — and that includes being able to submit a digital ID photo."
When someone applies for a driver's license online, they also confirm that the information they've submitted is accurate. Thus, the Transport Administration should enable users to submit digital ID photos through its e-service platform as well, Madise concluded.
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Editor: Urmet Kook, Aili Vahtla