ISS calls for dedicated law to standardize background checks
An internal security advisory to the interior minister urges basic background checks for people in critical posts, a need heightened by recent security developments. Estonian Internal Security Service (ISS) calls for a separate law to resolve the legal issues.
Each year, the security agencies present the interior minister with their view on what the state should do to ensure internal security and public safety.
In this year's advisory, ISS notes that the need to conduct background checks for employees in critical positions has risen sharply due to Russia's aggressive behavior, highlighting the defense‑industry sector as one example. The legal basis for conducting such checks should be set out in a dedicated background‑check law, said ISS spokesperson Marta Tuul.
"A general regulation would help ensure security more effectively. Right now, background checks are carried out under several special laws — the Aviation Act, the Imprisonment Act, the Defence Forces Organization Act, the Police and Border Guard Act, and others. These all cover different fields, meaning their requirements and guidelines differ and are not uniform," Tuul explained.
She added that background checks are already conducted for applicants to higher‑risk positions, and ISS does not see a need to expand that circle.
"In recent years — due to the security situation and the war in Ukraine — the number of background checks has increased year by year, but expanding the scope is not necessary," Tuul said.
Interior minister Igor Taro, however, said that additional positions requiring background checks have emerged.
"We have developed sensitive positions involving state secrets, and we have looked much more closely at whom we hire for critical infrastructure related to essential services — there are certain positions there that also require checks," Taro said.
Amendments to the Emergency Act that took effect in 2024 expanded the list of essential service providers. Estonia now has 22 essential services provided by more than 400 companies. The most recent additions include family‑doctor services, the supply of medicines and food, aeronautical navigation, airports, ports and public railway services. Under the Emergency Act, candidates for critical positions in such services must undergo background checks.
An employer or state institution cannot conduct a background check arbitrarily — there must be a direct legal basis, and the person must be informed that a background check will be carried out.
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Editor: Mirjam Mäekivi, Argo Ideon
