Security Activities Act

(1) This Act provides for the conditions and procedure for security activities, the rights and obligations of security service providers and security officers, and the grounds and rules for state supervision.

(2) This Act applies to in-house security and economic activities carried out in the areas of activity listed in this Act.

(3) This Act does not apply to

1) government authorities or structural units thereof whose duty is to ensure and organise the guarding and protection of an object;

2) guarding provided on the basis of the Estonian Defence League Act.

(4) Where a ship flying the national flag of Estonia is guarded and protected against attacks while passing through a high-risk area, the Maritime Safety Act is applied.

(5) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking into account the specifications provided in this Act.

(6) The provisions of the General Part of the Economic Activities Code Act apply to the commencement, pursuit, termination and resumption of economic activities governed by this Act, taking into account the specifications provided in this Act.

The purpose of this Act is to ensure the quality and reliability of security activities and the protection of the fundamental rights of persons exposed to security activities and to promote co-operation between security service providers, state agencies and local authorities in the creation of a safe living environment.

For the purposes of this Act, definitions have the following meaning

1) ‘protection’ means countering a threat to a person or property or eliminating a violation;

2) ‘maintenance of order’ means ensuring order at a public meeting in accordance with the requirements of the Law Enforcement Act or ensuring compliance with requirements for conduct at another assembly or in a designated area;

3) ‘in-house security organiser’ means a legal person in public or private law, a self-employed person or a state or local government agency who has commenced in-house security;

4) ‘security service provider’ means a self-employed person or an undertaking as a legal person engaged in the area of activity of security activities;

5) ‘security supervisor’ means a security officer who is responsible for provision of security by a security service provider and for the organisation of training and conduct of a security analysis and who meets the requirements for a security supervisor provided by this Act and who has been awarded the profession of a security supervisor on the basis of the Professions Act;

6) ‘security plan’ means an action plan prepared for manned security;

7) ‘security officer’ means a self-employed security service provider or an employee of a security service provider who meets the requirements for a guard, a security guard or a security supervisor provided by this Act;

8) ‘guarding’ means surveillance of a person or property and its surroundings for the purpose of preventing or identifying a threat;

9) ‘security site’ means a person or property or an assembly and a related area guarded or protected or where order is maintained;

10) ‘guard’ means a security officer who meets the requirements for a guard provided by this Act and who has been awarded the profession of a guard, a security guard or a security supervisor on the basis of the Professions Act;

11) ‘security guard’ means a security officer who meets the requirements for a security guard provided by this Act and who has been awarded the profession of a security guard or a security supervisor on the basis of the Professions Act.

(1) The areas of activity of security activities are

1) provision of security;

2) conduct of a security analysis;

3) design, installation and maintenance of surveillance equipment;

4) training of a security officer.

(2) In order to engage in security activities, a contract in a form reproducible in writing is to be entered into with the customer.

(3) The minister in charge of the policy sector establishes, by a regulation, a security activities policy, providing the requirements for

1) a security plan and preparation thereof;

2) a security analysis report and preparation thereof;

3) the training of a security officer and the training provider;

4) the professional suitability, physical training and state of health of a security officer, verification of compliance with the requirements for state of health, the data composition of a medical certificate and a list of medical certificates issued upon passing an equivalent medical examination;

5) the identification card, uniform and safety equipment of a security officer;

6) documenting security activities and retaining documents and notifying the Police and Border Guard Board of circumstances of security activities;

7) the provision of security where the security site is cargo of high material value.

(1) Provision of security means guarding, protecting and maintaining order by manpower or technical means.

(2) The conditions of guarding, protecting and maintaining order are to be agreed upon in a contract entered into for the provision of security. If personal data are processed upon surveillance of a security site, the duties and obligations of the controller and processor of personal data must be specified in the contract.

(3) A person is to be provided with security only with the consent of the person.

(4) Security is provided by a security guard and a security supervisor.

(5) On the conditions and pursuant to the procedure prescribed by a security plan, a guard may take part in the provision of security under the supervision of a security guard. A guard may not take part in the guarding and protection of a mobile security site. In a public place a guard is allowed to operate together with a security guard.

(6) An employee of a security service provider who guards by technical means and is not present on the security site is not subject to Chapter 4 of this Act, except for the requirement provided in subsection 7 of § 15, if technical means are used solely for guarding the security site.

(7) Provision of security at a public gathering is subject to this Act, taking into account the requirements for public gatherings provided by the Law Enforcement Act. At least one half of the employees employed by a security service provider for maintaining order at a public gathering must be security guards or security supervisors.

(8) The basis for the provision of manned security is a security plan for a security site.

(1) A security analysis means assessing a threat on the basis of the data submitted by the customer and the characteristics of the security site, and preparing written recommendations for preventing the threat and reducing the consequences thereof and formalising the recommendations as a report.

(2) A security analysis is to be approved by security supervisor.

(3) For the purpose of conducting a security analysis, a security service provider may process personal data available from public sources and personal data transmitted by the person who requested the security analysis according to subsection 1 of this section. The security service provider may not retain personal data related to a security analysis longer than is required for conducting the security analysis.

(1) For the purposes of this Act, surveillance equipment means a set of devices intended for surveillance of a security site, detecting a threat to it and transmitting an automatic alert to a security service provider.

(2) Surveillance equipment is to be designed, installed, inspected and maintained in accordance with the manufacturer’s instructions so that the surveillance equipment would fulfil its purpose.

(3) An employee of a security service provider whose duty is to design, install or maintain surveillance equipment must comply with the requirement provided in subsection 7 of § 15 of this Act and they must have been awarded the corresponding profession on the basis of the Professions Act.

(4) Additional requirements for the design, installation and maintenance of surveillance equipment may be established by a regulation of the minister in charge of the policy sector.

(5) The design, installation and maintenance of surveillance equipment is to be organised by a person responsible who complies with the requirements provided in clause 1 of subsection 1 and in subsection 7 of § 15 of this Act and who has been awarded the corresponding profession on the basis of the Professions Act.

(6) The qualification requirements for the person designing, installing and maintaining surveillance equipment are established, qualifications are awarded and a certificate of qualification is issued in accordance with the rules prescribed by the Professions Act.

(1) The training of a security officer means providing the person with the knowledge and skills necessary for security activities and forming professional and occupational attitudes and values.

(2) The training of a security officer is divided as follows

1) training of a guard;

2) training of a security guard;

3) training of a security supervisor;

4) refresher training.

(3) The training and curriculum of security officers are subject to the Adult Education Act.

(4) Liability for the organisation of training of security officers lies with security supervisor.

(1) In-house security means the following by an in-house security organiser

1) protection and maintenance of order in an area in their ownership or possession at a public place;

2) if their premises are leased or rented, provision of security for the property of another person or agency located on the lease or rental premises; or

3) provision of security for the property of another person or agency free of charge.

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(2) An in-house security organiser appoints an in-house security supervisor, who is responsible for in-house security. For the purposes of this Act, the in-house security supervisor is deemed a person responsible.

(3) An in-house security guard, in-house security supervisor and in-house guard are officers of an in-house security organiser who are tasked with in-house security at a location designated by the employer.

(4) Section 28 of this Act is applied to acquiring, owning, possessing, carrying and storing a weapon and ammunition or special equipment and to giving the above for use to an in-house security guard and in-house security supervisor.

(5) An in-house security guard, in-house security supervisor and in-house guard are subject to the provisions of §§ 15 and 16 of this Act concerning a security guard, security supervisor or guard, and they must perform the obligations of a security officer provided by § 17.

(6) In the performance of their duties, an in-house security guard and in-house security supervisor are to follow the requirements of §§ 18–28 of this Act.

(7) On the conditions and pursuant to the procedure prescribed by a security plan, an in-house guard may take part in the provision of security together with an in-house security guard. An in-house guard may not take part in the guarding and protection of a mobile security site.

(8) An in-house security guard, in-house security supervisor or in-house guard, except for an official employed in service under the Civil Service Act, and an in-house security organiser are subject to §§ 29–31 of this Act.

(9) An in-house security organiser has the obligations provided in clauses 1, 2, 4–7 and 10 of subsection 1 of § 10 and in subsections 1 and 2 of § 16 of this Act.

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(1) A security service provider is required to

1) ensure compliance of an employee with the requirements and conditions prescribed by law and legislation established on the basis of law;

2) ensure that an employee has work equipment that is necessary and ensures safety depending on the security site and task;

3) ensure that the security service provider or a person specified in subsection 2 of § 5 of the General Part of the Economic Activities Code Act has not been punished for an intentional criminal offence provided in Chapters 8–13, 15–19, 21, 22 and 24 of the Penal Code;

4) notify the Police and Border Guard Board of manned security sites;

5) retain documents pertaining to security activities according to the requirements of the security activities policy established on the basis of subsection 3 of § 4 of this Act;

6) promptly report to the Police and Border Guard Board causing of harm to the health of a person or the death of a person in the course of provision of security, and every instance where a firearm was used;

7) store a recording of a technical device used in guarding and protecting a security site and maintaining order for one month from the day the recording was made for the purpose of verifying the requirements of this Act;

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7¹) store a recording of a technical device used in guarding and protecting a security site and maintaining order for six months from the day the recording was made if an act with elements of an offence is identified upon processing the recording for the purpose of conducting offence proceedings;

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8) ensure a security supervisor who meets the requirements provided by this Act when engaging in the areas of activity of provision of security, conducting a security analysis and training;

9) ensure a person responsible who meets the requirements provided by this Act when engaging in the area of activity of design, installation and maintenance of surveillance equipment;

10) ensure compliance of activities with the requirements provided by the security activities policy established on the basis of subsection 3 of § 4 of this Act.

(2) Clause 3 of subsection 1 of this section applies to a shareholder of a security service provider who holds over five per cent of the share capital.

(2¹) A recording specified in clause 71 of subsection 1 of this section is to be erased if no offence proceedings are commenced or the recording is handed over to an investigative body.

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(3) By an order of the Government of the Republic, for the purpose of ensuring national security and public order, restrictions may be imposed on the amount of capital owned by a citizen or legal person of a state which is not a Member State of the European Economic Area or the Swiss Confederation in the composition of the assets of a security service provider engaged in the area of activity specified in clause 1 of subsection 1 of § 4 of this Act.

(1) Prior to commencing economic activities in the area of activity specified in clause 1 of subsection 1 of § 4 of this Act an undertaking is required to hold a corresponding activity licence.

(2) An undertaking is required to give notice of commencement of its economic activities in the areas of activity specified in clauses 2 and 3 of subsection 1 of § 4 of this Act in accordance with the rules provided by the General Part of the Economic Activities Code Act. A notice of commencement of economic activities in said areas of activity is deemed given when the register of economic activities contains a confirmation of the person responsible concerning their legal relationship with the undertaking.

(3) An undertaking is required to give notice of commencement of its economic activities in the area of activity specified in clause 4 of subsection 1 of § 4 of this Act in accordance with the rules provided by the Adult Education Act. A notice of commencement of economic activities in said area of activity is deemed given when the Estonian education information system contains a confirmation of the undertaking concerning the existence of a security supervisor and a confirmation specified in clause 2 of subsection 1 of § 12 of this Act.

(4) An activity licence issued under this Act will not take effect by default nor will it extend to a subsidiary of a security service provider.

(5) An in-house security organiser is required to give notice of commencement of in-house security in accordance with the rules provided by the General Part of the Economic Activities Code Act. The obligation to give notice of in-house security is additionally subject to the provisions of subsection 2 of this section.

(1) In addition to the information provided in the General Part of the Economic Activities Code Act, in its application for an activity licence for provision of security an undertaking is to set out

1) information on the security supervisor responsible and their confirmation concerning their legal relationship with the undertaking and a list of the company’s shareholders who hold over five per cent of the share capital, setting out the full name, registered office and registry code of every legal person and the given name and surname and personal identification code or, in the absence thereof, date and place of birth of every natural person;

2) a confirmation that the security service provider or a person specified in subsection 2 of § 5 of the General Part of the Economic Activities Code Act has not been punished for an intentional criminal offence provided in Chapters 8–13, 15–19, 21, 22 and 24 of the Penal Code or that relevant information concerning punishment has been deleted from the criminal records database according to the Criminal Records Database Act.

(2) In the event of clause 2 of subsection 1 of this section, for a foreign undertaking or national a criminal record certificate from their country of origin or domicile or an equivalent document issued by a competent judicial or administrative authority of the same is accepted on the condition that no more than three months have passed since issuance.

(3) For review of their application for an activity licence for provision of security an undertaking is to pay a state fee at the rate provided by the State Fees Act.

An application for an activity licence is adjudicated and the grant, suspension and revocation of an activity licence is decided by the Police and Border Guard Board.

An activity licence for the provision of security is granted to an undertaking who complies with the requirements provided in clause 3 of subsection 1 and in subsection 2 of § 10 of this Act and who has a security supervisor who meets the requirements.

(1) A security officer may be a person

1) who is an Estonian national at least 18 years of age with full active legal capacity and who has acquired basic education or a person who has acquired a right of residence in Estonia or who has been granted a residence permit in Estonia;

2) who has command of Estonian at the level established by law or legislation established on the basis of law;

3) whose physical training and state of health allow them to perform their assignment instructions;

4) whose personal characteristics and morals make them fit to perform the tasks of a security officer and whose conduct and way of life do not put their safety or that of another person at risk;

5) who is not addicted to alcohol, a narcotic drug or a psychotropic substance.

(2) A security guard must comply with subsection 1 of this section and they must have been awarded the profession of a security guard on the basis of the Professions Act.

(3) In addition to that provided in subsection 1 of this section, a security supervisor must have at least secondary education and they must have been awarded the profession of a security supervisor on the basis of the Professions Act.

(4) A guard must comply with subsection 1 of this section and they must have been awarded the profession of a guard on the basis of the Professions Act.

(5) No earlier than three months before first commencing work, a security officer must have passed a medical examination determining their state of health and fitness for working in the area of activity. A security officer must periodically pass a medical examination according to the security activities policy established on the basis of subsection 3 of § 4 of this Act.

(6) Compliance with the requirements of clauses 3 and 5 of subsection 1 of this section is assessed by an occupational health doctor, involving medical specialists where necessary. The occupational health doctor issues to a security service provider a confirmation concerning the compliance of a security officer with the requirements without disclosing detailed health information.

(7) A person is prohibited from working as a security officer if information concerning their punishment for an intentional criminal offence has not been deleted from the criminal records database.

(8) For verifying compliance with the requirements of clauses 1 and 2 of subsection 1 and subsections 2–4 of this section, a security service provider may require a security officer to produce a document confirming compliance.

(9) For verifying compliance with the requirements of clause 4 of subsection 1 and subsection 7 of this section, a security service provider may process the personal data of a security officer available from public sources.

(10) A security service provider is to retain the personal data of a security officer specified in subsections 6–9 of this section until the end of the employment relationship.

(11) A security officer is required to complete the training specified in subsection 2 of § 8 of this Act according to the security activities policy established on the basis of subsection 3 of § 4 of this Act.

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(12) The qualification requirements for a security officer are established, qualifications are awarded and a certificate of qualification is issued in accordance with the rules prescribed by the Professions Act.

(13) A security officer may hold foreign professional qualifications of a security guard if such qualifications have been recognised by the Police and Border Guard Board according to the Recognition of Foreign Professional Qualifications Act.

(1) A security service provider issues to a security officer an identification card and, where necessary, a uniform.

(2) A security service provider is to provide a description of the uniform and identification card to the Police and Border Guard Board who will verify compliance thereof with the requirements provided in the regulation established on the basis of subsection 3 of § 4 of this Act. By an administrative contract, the Police and Border Guard Board may authorise a third party to perform this task.

(3) Administrative supervision over performance of an administrative contract specified in subsection 2 of this section is exercised by the Police and Border Guard Board.

A security officer is required to

1) refuse to perform a task that is in conflict with legislation;

2) maintain the confidentiality of confidential information and personal data that have become known to them in the course of security activities;

3) carry their identification card with them when carrying out an assignment instruction and introduce themselves when addressing a person and produce their identification card at the request of the person;

4) wear a uniform when providing security, except for when guarding and protecting a person;

5) ensure that a person receives first aid at the first opportunity and that, where necessary, an ambulance is called if the person has suffered a bodily injury through the use of physical force, special equipment or a weapon;

6) promptly notify the security service provider when they do not meet the requirements specified in § 15 of this Act.

(1) In the provision of security, a security officer may apply the measures provided in this Subchapter in compliance with the following principles

1) when starting to apply a measure, a person is explained the reasons for applying the measure, unless this is impossible due to a situation requiring urgent application of the measure;

2) only a measure that is proportional is applied, taking into account the purpose of the measure and a situation requiring urgent application;

3) out of several appropriate and necessary measures the one that is expected to harm a person the least is applied.

(2) The right of a security guard and security supervisor to apply the measures provided in this Subchapter applies in the surroundings of a security site within a reasonable range.

(1) For the purpose of identifying or countering an attack or ending an on-going attack, a security officer has the right to give a person a verbal order to refrain from or cease an attack and the right to caution them against use of a measure provided in this Subchapter and, where necessary, use of physical force.

(2) Where possible, a security officer is to allow a person a reasonable period of time for complying with their order.

In order to verify compliance with the requirements set by the owner or possessor of a security site, a security officer has the right to stop a person at the entrance to the security site or on the security site and to require them to produce a document necessary for being granted access to the security site or for being on the security site.

(1) A security guard and a security supervisor have the right to establish identity with the knowledge of the person on the basis of an identity document, that is to establish the name and personal identification code or, in the absence thereof, date of birth of the person, examine the document and compare the photo to the person if

1) upon checking of the person or their item of movable property an item or a substance that is taken into deposit is discovered;

2) the person is detained;

3) the establishment of identity when entering the security site is mandatory according to the procedure for use of the security site.

(2) A guard has the right to establish identity with the knowledge of the person on the basis of an identity document, that is to establish the name and personal identification code or, in the absence thereof, date of birth of the person, examine the document and compare the photo to the person if the establishment of identity when entering the security site is mandatory according to the procedure for use of the security site.

(3) A security guard and a security supervisor have the right to use force when establishing identity if the establishment of identity is related to detaining a person.

(4) A security service provider may not retain personal data learnt of in the course of establishment of identity carried out by a security officer, unless there is a legal basis provided in Article 6(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, pp 1–88).

(1) A security guard and a security supervisor have the right to check a person or their clothing by way of observation and feeling and by means of a technical device or with the help of a detection dog if

1) checking of a person by means of a technical device upon entering and exiting a security site is mandatory according to the procedure for use of the security site;

2) if the person is suspected of possessing an item removed from the security site, the possession of which is unauthorised;

3) if the person is suspected of possessing an item or a substance the possession of which is prohibited according to the procedure for use of the security site;

4) upon detaining the person it is necessary to make sure that the person does not possess an item or a substance which may pose a threat to the person themselves or another person.

(2) A person is to be checked by way of feeling by a security guard or a security supervisor of the same sex as the person. If it is necessary for countering an immediate threat, the person may be checked by a security guard or a security supervisor not of the same sex as the person.

(3) Upon checking a person, a security guard and a security supervisor have the right to use force in the event provided in clause 2 or 4 of subsection 1 of this section.

(1) A security guard and a security supervisor have the right to check an item of movable property sensuously, by means of a technical device or with the help of a detection dog if

1) checking of an item of movable property upon entering and exiting a security site is mandatory according to the procedure for use of the security site and the person is informed of this procedure beforehand;

2) the item of movable property is suspected of containing an item or a substance removed from the security site, the possession of which is unauthorised;

3) the person is suspected of possessing an item or a substance the possession of which is prohibited according to the procedure for use of the security site;

4) upon detaining the person it is necessary to make sure that the person does not possess an item or a substance which may pose a threat to the person themselves or another person.

(2) The owner or the possessor of an item of movable property has the right to be present at the checking of the item. In the event provided in clause 2 or 4 of subsection 1 of this section, a security guard or a security supervisor may check an item of movable property without the owner or possessor being present if said person intentionally prevents the lawful application of a measure provided in this section.

(3) Upon checking an item of movable property, a security guard and a security supervisor have the right to use force in the event provided in clause 2 or 4 of subsection 1 of this section.

(4) A security officer has the right to take into deposit an item or a substance found in the possession of a person upon checking of the person or upon checking provided in subsection 1 of this section if the item or substance is dangerous or if possessing it is prohibited according to the law or the procedure for use of the security site.

(5) The taking of an item or a substance into deposit is documented by recording the contact details, name and personal identification code or date of birth of the person subjected to the measure and, if establishment of identity is impossible, a description of the person and at least the following information

1) the name or description and quantity of the item or substance taken into deposit;

2) the date and place of application of the measure and the given name and surname of the security guard or security supervisor who applied the measure.

(6) At the request of the person, a copy of the document prepared on the basis of subsection 5 of this section is to be given to them.

(7) If the basis for taking an item of movable property into deposit ceases to exist, the item or substance taken into deposit is to be promptly returned to the person, except for an item or a substance the possession of which is prohibited for the person by legislation.

(8) A security officer has the right to return to the lawful possessor an item or a substance obtained without authorisation and found in the possession of a person upon checking of the person or upon checking provided in subsection 1 of this section.

(9) An item or a substance found in the possession of a person upon checking of the person or upon checking provided in subsection 1 of this section the possession of which is prohibited is handed over to the police along with a document prepared on taking it into deposit.

(10) A document prepared on the basis of subsection 5 of this section is to be retained for six months for verifying the requirements of this Act and for conducting misdemeanour proceedings.

(1) A security guard and a security supervisor have the right to prevent entrance of a person to a security site if

1) the person does not have relevant permission or another legal basis for entering the security site or for being there;

2) the person possesses an item or a substance with which it is not allowed to enter the security site.

(2) For the purpose of ensuring compliance with the procedure for use of a security site, a guard has the right to prevent a person from entering the security site if the person does not have relevant permission or another legal basis for entering the security site or for being there.

A security guard and a security supervisor may remove a person from a security site if

1) the person does not have a legal basis for being on the security site;

2) the person violates requirements for conduct established by the owner or possessor of the security site and the person was informed of such requirements beforehand and the violation continues after the security guard’s verbal order to cease it;

3) the person poses a threat to or attacks the security site or a person there.

(1) A security guard and a security supervisor have the right to detain a person if

1) the person is suspected of committing an offence related to a security site;

2) the person violates a restraining order applied by a court decision in respect of a person who is provided with security according to subsection 3 of § 5 of this Act.

(2) The detention of a person is documented by recording the given name and surname and personal identification code or date of birth of the person detained and, if establishment of identity is impossible, a description of the person and at least the following information

1) the date, time and place when and where the person was detained;

2) the reason for detaining the person;

3) the given name and surname of the security guard or security supervisor who detained the person;

4) use of physical force or special equipment;

5) the date and time when the person was released or handed over to the police.

(3) At the request of the person, a copy of the document prepared on the basis of subsection 2 of this section is to be given to them.

(4) Upon detaining a person, a security guard and a security supervisor may lock the person to a room or a vehicle or otherwise restrict their physical liberty to a significant extent if there is reason to believe that the person may escape, attack a security officer or pose a threat to themselves or another person.

(5) A person detained must be promptly handed over or taken to the police. The person detained is handed over to the police along with an item or a substance taken into deposit from the person and, where necessary, a copy of a document prepared upon detention. A document prepared on the basis of subsection 2 of this section is to be retained for six months for verifying the requirements of this Act and for conducting misdemeanour proceedings.

(6) A person detained who has not violated a restraining order and whom there is no reason to suspect of committing an offence related to a security site is to be released immediately.

(7) Detaining a person is subject to subsection 4 of § 217 of the Code of Criminal Procedure, taking into account the specifications provided in this section.

(1) A security guard and a security supervisor have the right to apply a measure provided by §§ 21–26 of this Act by using physical force without exceeding the limits of self-defence and taking into account the specifications provided in this Subchapter. Force is not allowed to be used for the purpose of obtaining a statement, an opinion or an explanation.

(2) Prior to using physical force, a security guard or a security supervisor must caution the person against whom or against an item in the person’s ownership or possession they are planning to use force. Cautioning may only be neglected if it is impossible to caution due to a situation requiring urgent use of physical force.

(3) Unless otherwise provided by this Subchapter, the right of a security officer to self-defence or necessity is not restricted.

(1) A security officer has the right to use a weapon in the provision of security and in training. A list of weapons allowed in the provision of security is provided in § 31 of the Weapons Act.

(2) Acquisition, owning, possession, storage or carrying of a weapon and ammunition and giving a weapon for use to an employee are subject to the Weapons Act and rules provided by legislation established on the basis of the Weapons Act, taking into account the specifications provided by this Act.

(3) In the provision of security, a security officer may only use a weapon that belongs to the security service provider.

(4) In the provision of security, a security guard and a security supervisor have the right to use the following special equipment

1) a special purpose marking and spray paint device;

2) handcuffs;

3) a detection dog.

(5) A security guard and a security supervisor may use handcuffs only upon detaining a person if there is reason to believe that the person may escape, attack a security guard or a security supervisor or pose a threat to themselves or another person.

(6) A security guard and a security supervisor may use a detection dog who has completed at least basic training and obeys the commands of their handler. It is allowed to move around within a security site with a detection dog without a muzzle if the dog is on a leash or if the security site is fenced and there is a relevant sign informing of the use of a detection dog. A detection dog may not be left unattended on a guarded site.

(7) A firearm may be used by a security guard and a security supervisor. A firearm may only be used if the life or health of a person is at risk, the risk cannot be eliminated otherwise and the nature of the risk justifies the use of a weapon without exceeding the limits of self-defence.

(8) A security guard and a security supervisor may use a gas spray, a truncheon or a telescopic truncheon only for the purpose of combating an attack against themselves or another person or countering a group attack if this involves a threat to their own life or health or that of another person.

(9) A guard may use a gas spray only for the purpose of combating an attack against themselves or another person or countering a group attack if this involves a threat to their own life or health or that of another person.

(1) If a security officer is killed in the line of duty as a result of use of violence against them, the security service provider is to pay the security officer’s underage children, parents, widow, widower, registered partner if a registered partnership contract concluded with them has terminated due to death, or in the event of a relationship resembling marriage the security officer’s partner, and other persons who were maintained by the security officer on the basis of the Family Law Act a lump-sum benefit to the extent of the security officer’s average ten years’ wage.

[RT I, 06.07.2023, 6 – entry into force 01.07.2024]

(2) A security officer also has a right to name to the security service provider a natural person or natural persons to receive up to 50 per cent of the benefit specified in subsection 1 of this section. If the security officer does not have the persons specified in subsection 1 of this section, the entire amount is to be paid to the person or persons named by the security officer.

(3) If a security officer suffers an injury or falls ill as a result of use of violence against them in the line of duty and they are therefore established to have partial or no work ability on the basis of the Work Ability Allowance Act, the security service provider is to pay them the following lump-sum benefit

1) in the event of partial work ability, their average one year’s wage;

2) in the event of no work ability, their average five years’ wage.

(4) Where necessary, the connection specified in subsection 3 of this section between a person’s level of work ability and injury suffered or illness developed as a result of carrying out an assignment instruction is established by the Social Insurance Board, involving a person who has completed medical training, pursuant to subsections 2–5 of § 491 of the Civil Service Act.

(5) This section does not apply if the security officer is to blame for the incident.

(6) Payment of a lump-sum benefit does not release the employer from other obligations provided by law.

(1) A security service provider is to inform an entitled person known to the security service provider of their right to receive a lump-sum benefit within five working days as of the establishment of the facts specified in subsections 1 and 3 of § 29 of this Act.

(2) In order to receive the benefit provided in subsection 3 of § 29 of this Act the security officer or their representative is to file an application and a certificate from the Estonian Unemployment Insurance Fund concerning partial or no work ability and, at the request of the security service provider, a decision of the Social Insurance Board concerning a causal link between the security officer’s level of work ability and injury suffered or illness developed as a result of carrying out an assignment instruction.

(3) In order to receive a benefit, the person entitled to receive a benefit in the event a security officer is killed is to file with the security service provider an application which proves that the applicant is an entitled person specified in subsection 1 or 2 of § 29 of this Act.

(4) An application for a benefit is to be filed with a security service provider within one year as of the establishment of the security officer’s partial or no work ability and in the event a security officer is killed, within 90 calendar days as of the establishment of the facts specified in subsection 1 of § 29 of this Act.

(1) If a security officer applies for a benefit for partial or no work ability, the security service provider is to make a reasoned decision concerning payment of benefit within ten working days as of the receipt of the application and documents specified in subsection 2 of § 30 of this Act. In the event a security officer is killed, the security service provider is to make a decision concerning grant of benefit within ten working days as of the due date for the filing of an application.

(2) The decision is to set out at least the following information

1) materials concerning investigation of an occupational accident;

2) documents that prove the facts presented in the application;

3) an opinion on the justification of the application;

4) the calculation of the amount to be paid and a reference to the basis for payment.

(3) If a security officer is killed and several entitled persons specified in subsection 1 of § 29 of this Act apply for a lump-sum benefit, the benefit will be divided equally between them, taking into account the size of the portion allocated to entitled persons as specified in subsection 2 of § 29 of this Act.

(4) A security service provider is to deliver a written decision on the grant of a benefit to the person who filed the application within seven days as of the making of the decision.

(5) A security service provider is to pay a benefit within one month as of the grant of the benefit. By agreement of the parties the benefit is paid in instalments.

(1) State supervision over compliance with the requirements provided by this Act is exercised by the Police and Border Guard Board.

(2) State supervision over compliance with the requirements established for the training of security officers by the Adult Education Act is exercised by the Ministry of Education and Research.

In order to exercise the state supervision provided by this Act, law enforcement agencies may apply the specific measures of state supervision provided in §§ 30–32 and 50–52 of the Law Enforcement Act on the grounds and in accordance with the rules provided by the Law Enforcement Act.

(1) An official of the Police and Border Guard Board may enter

1) a marked immovable without the possessor or another entitled person being present if a security officer is present at the entry;

2) business premises at any given time when security activities are carried out on such premises;

3) a marked immovable without the possessor or another entitled person being present if the purpose of entering the premises is to ensure access to a security site.

(2) An official of the Police and Border Guard Board need not later inform the possessor of entry into premises on the grounds provided in clauses 1 and 3 of subsection 1 of this section if no operations of supervision or offence proceedings were performed on the premises after entry.

(3) In the event specified in clauses 1 and 3 of subsection 1 of this section it is not mandatory to record entry into premises.

(1) An official of the Police and Border Guard Board has the right to require from a security service provider or an in-house security organiser an audio or video recording collected by security activities if this is necessary to verify compliance with the requirements established by or on the basis of this Act.

(2) It is mandatory to record the measure specified in subsection 1 of this section, unless the recording is reviewed on site.

(1) An activity licence issued for the provision of security activities specified in clauses 2–4 of subsection 1 of § 4 of the Security Act before the entry into force of this Act is deemed an activity licence for an area of activity specified in clause 1 of subsection 1 of § 4 of this Act.

(2) An activity licence issued for the provision of the security activity specified in clause 1 of subsection 1 of § 4 of the Security Act before the entry into force of this Act remains in effect for up to six months as of the entry into force of this Act. During said period of time the activity licence is deemed equivalent to a notice of economic activities in the area of activity specified in clause 2 of subsection 1 of § 4 of this Act for the purposes of subsection 2 of § 11.

(3) An activity licence for an area of activity specified in clauses 1 and 2 of subsection 1 of § 28 of the Security Act issued before the entry into force of this Act remains in effect for up to six months as of the entry into force of this Act. During said period of time the activity licence is deemed equivalent to a notice of economic activities in the area of activity specified in clause 4 of subsection 1 of § 4 of this Act for the purposes of subsection 3 of § 11.

(4) A notice of economic activities in the area of activity provided in clause 3 of subsection 1 of § 4 of this Act must be submitted within six months as of the entry into force of this Act.

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Provisions amending other Acts are omitted from this translation.

The Security Act (RT I 2003, 68, 461) is repealed.

This Act enters into force on 1 July 2024.