Parvel Pruunsild's representative Paul Keres said the complaint stems from a situation in which telecommunications companies continue to collect metadata on all people's phone calls — who called whom, how long the call lasted and where individuals were located during the call — and pass this on to law enforcement authorities, even though the Supreme Court declared the law requiring such blanket data collection to be in conflict with European Union law five years ago.

"Since the state apparently has been unable to bring this legislation into compliance, it is necessary to turn directly against those who are unlawfully collecting communications data, and those are the telecommunications companies," Keres said.

According to Keres, the storage of communications data and granting access to it to the Internal Security Service (ISS/KAPO) has, over several years, constituted an extremely invasive and intensive interference with Pruunsild's fundamental rights.

"Such collection and retention of communications data allows individuals to be profiled in a way that the European Court of Justice effectively equates with surveillance and this goes on for years and years and years. In other words, a person is under constant monitoring," Keres said.

Keres added that part of the claim is also aimed at influencing Telia to refrain from violating its client's rights in the future, which is why the lawsuit proposes that the court order Telia to pay €1 million.

"Under the law, economic circumstances must be taken into account and Telia's financial position is very strong. Based on the severity of the violation and Telia's economic standing, we arrived at this proposal," Keres said.

Pruunsild's data

Parvel Pruunsild said he had previously asked Telia to disclose what data it had shared about him with the Internal Security Service and on what legal basis, but the company did not respond.

"Both the Data Protection Inspectorate and Telia confirmed that Telia cannot tell me what they have handed over or to whom because they have a contract with the Internal Security Service," Pruunsild said.

According to the businessman, they were not shown the contract under which the data is transferred. Pruunsild added that even Telia itself does not see who has accessed the data, when or whose data has been viewed.

"I haven't seen the contract, but the ISS likely has access to Telia's database and can look at whatever they want," Pruunsild said.

He also noted that it emerged that although a court had authorized the transfer of metadata related to calls and SMS messages to the ISS, Telia also provided data on his location, for which no authorization had been granted.

During the proceedings, Pruunsild said he hopes to see the contract between Telia and the ISS to understand what data is transferred and how it moves from Telia to the security service. He also seeks to put an end to the transfer of his personal data.

In Pruunsild's view, telecommunications companies should refuse to comply with unlawful requests.

"For example, as has happened in Sweden, where telecom operators and communications companies do not hand over such data to law enforcement agencies. But our companies simply go along with it and, in reality, hand over their clients' data completely irresponsibly," Pruunsild said.

Regarding the €1 million damages claim, Pruunsild said it corresponds to the scale of the violation of his fundamental rights, but that the purpose of the claim is not to make money.

"If I were to receive that €1 million, I would probably donate it to charity or to anti-corruption efforts or something along those lines," Pruunsild added.

Chances of success

As the lawsuit has only just been filed, the court has not yet decided whether to accept it into proceedings. Before that, Telia will have the opportunity to submit its response to the court.

Paul Keres said he considers the prospects of the claim being upheld to be high — both in terms of the court ordering Telia to stop collecting data and awarding compensation for non-material damages.

"There is no dispute that such mass collection and retention of communications data is unlawful. In my view, there can also be no dispute that the unchecked transfer of such data to the Internal Security Service, without any trace being left, is also unlawful," Keres said.

At the same time, claims for non-material damages of €1 million are not common in Estonian legal practice. "What the final amount will be, I cannot say," Keres added.

ERR will add Telia's assessment of the lawsuit to the article at the first opportunity.

Past litigation

In May 2023, the ISS brought suspicions against Tartu Deputy Mayor Priit Humal and Parvel Pruunsild, both members of Isamaa, alleging, respectively, a large-scale violation of procedural restrictions and aiding such a violation.

According to the ISS, Humal should have recused himself from decisions concerning the sale of the former exhibition building of the Estonian National Museum at Kuperjanovi tänav 9 to the student corporation Sakala, of which Pruunsild is a member.

Both the district court and the circuit court acquitted the men and the Prosecutor's Office did not appeal the decision to the Supreme Court.

However, a new criminal case emerged from the proceedings. Based on data carriers seized during searches, the Central Criminal Police issued suspicions against Isamaa, its member of parliament Mart Maastik, Tõnis Palts and Pruunsild for prohibited financing of the political party.

According to the suspicion, prohibited donations totaling around €330,000 were made to Isamaa, of which the party accepted €110,000.

The allegations concern the period in 2021 when Helir-Valdor Seeder and Lavly Perling were competing for the leadership of Isamaa. Perling, together with her supporters, had formed an internal faction known as Parempoolsed, while Seeder's more ardent supporters gathered under the NGO MTÜ Isamaalised. The latter's activities were actively supported by Pruunsild, who has been a member of Isamaa since October 28, 1999. Palts served as the executive director of MTÜ Isamaalised.

The Prosecutor's Office is currently considering whether to request the lifting of Maastik's parliamentary immunity in order to bring the case to court.

Pruunsild has officially donated more than €2 million to Isamaa over the years.

Pruunsild said the criminal case concerning aiding a violation of procedural restrictions was set up solely to find something against him.

"This is a farce of the highest order. The whole ERM case was in fact a cover to carry out surveillance, to obtain my computer, to wiretap me and to do all sorts of things. That was their real objective," Pruunsild said. The Prosecutor's Office has repeatedly denied such claims.

"We understood from the very beginning that the ERM case was simply camouflage to gain access to my data. And they succeeded," Pruunsild added.

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