Corpus Of Scottish Law

From ScottishConstitution.Com
Jump to navigation Jump to search

Sphere I - Constitutional Development and Harmonization

Antecedents to the Sphere of Law

This Constitution for the Scottish State and the Corpus of Scottish Law shall be an integral constitutional and legal platform to be developed in the digital age, rather than the paper age.

The world is changing rapidly, and Constitutions and legal systems based in the paper age have begun to show their limits and lack of adaptability in this digital age. Ideally, constitutions should enshrine fundamental rights, describe the functioning of the governing system,


So many laws in the world are outdated before they are adopted. This has meant that in order to enforce ill-adapted laws,


Object, Purpose, and Aims of the Sphere of Law of Constitutional and Legal Development and Harmonization

I - Oversee and regulate the proper functioning of the Constitution of the Scottish State and the Corpus of Scottish Law II - Provide mechanisms to amend and modify the Constitution of the Scottish State III -


Citizens' Rights Within the Sphere of Law of Constitutional and Legal Development and Harmonization

All Scottish Citizens and Legal Residents shall have the right: I - to receive education about the Scottish Constitution and the Corpus of Scottish Law as part of mandatory civic education. II - to access to the DLT mechanisms to initiate amendments to the Constitution and changes to the CSL.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Commission for Constitutional and Legal Development and Harmonization

Section A: Personnel structure of the Scottish Commission for Constitutional and Legal Development and Harmonization
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B: Physical and digital structure of the Scottish Commission for Constitutional and Legal Development and Harmonization
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section C: Functioning of the Scottish Commission for Constitutional and Legal Development and Harmonization
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Application of the Sphere of Law of Constitutional and Legal Development and Harmonization

Section A: Amending the Constitution of the Scottish Stats
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B: Modifying the Spheres of the Corpus of Scottish Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section C: Conforming the Constitution of the Scottish State and the Corpus of Scottish Law to the Scottish Corpus of Treaties, Conventions & Agreements
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere II - Citizenship, Language, Immigration and Naturalization Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Citizenship, Immigration and Naturalization

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.


Sphere III - Peace, Civil Rights, and Conflict Resolution Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department for Peace, Civil Rights, and Conflict Resolution

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere IV - Law of Citizen Participation, Community Empowerment, and Referenda

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' rights within the sphere of law.

Section A: All citizens and legal residents have the inalienable right:
§1. To participate in public affairs under equal conditions, either directly or through freely elected representatives in periodic elections of proven transparency, validity, and accuracy.
§2. To run for office as a candidate for any political or representative office under equal conditions and according to the CSL.
§3. To participate in the parliamentary law-making process, either directly or through associations.
§4. To promote recall elections of elected officials, citizen legislative initiatives, and citizen initiative referenda, within the forms and conditions stipulated in the CSL.
§5. The CSL shall incorporate mechanisms for citizen and legal resident participation, and shall regulate the exercise of these rights.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Electoral Auditor

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere V - Digital Citizenship and Privacy Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

I : Institutional Administrative Law for the Scottish Digital Citizenship and Privacy Auditors

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II: Scottish Digital Citizenship Law

II.I General Provisions

Domaine III: Scottish Citizen Card

Domaine III.I General Provisions

Section A. Scottish Citizen Card(SCC)
§1. The SCC shall be issued to all Scottish citizens and legal residents residing full-time within Scottish territorial borders from the age of 12, which shall have the following capacities based on Distributed Ledger Technology (DLT):
a. Enabling provably accurate secure voting in all elections and referenda,
b. accessing optional individual Scottish Citizens' bank account, which shall have the capacity to:
i. In conjunction with any private bank account, receive retirement benefits, Universal Basic Income, income from employment, housing benefits, and any other social benefit.
ii. To pay taxes as specified in the CSL, and any other financial transaction.
c. signing and managing contracts between individuals and the Scottish State, with platform available for contracts between individuals.
§2. The chip of the SCC shall include the citizen's 'personal electronic key', and the proven identity confirmation being the 'public key'.
§3. The technology of the SCC shall:
a. enable proven identification of the person bearing the card;
b. enable the exact time of transactions to be recorded;
c. to prevent encrypted personal data from being undetectably altered at any time.
Section B. Legal standing of SCC's
§1. All SCC transactions shall have the same legal standing as all previous paper-based legal transactions, provided they are not restricted by law and in compliance with the requirements of this Domaine.
§2. Compliance with this Domaine does not require separate verification if the data on the SCC identification certificate corresponds to the SCC identity on the public key.
§3. SCC identities shall not be legally valid if it is proven that the personal key has been used for a transaction without the consent of the holder of the respective certificate.
§4. If it is alleged that a SCC transaction was conducted without the consent of the valid certificate-bearer, this can be proven if the holder of the certificate credibly demonstrates the circumstances under which this occurred.
§5. Under the aforementioned cases, the holder of the certificate shall compensate for damages inflicted on another person who mistakenly considered the signature to be issued by the holder of the certificate, if the use of the private key without the consent of the holder of the certificate was due to intent or gross negligence on the part of the certificate holder.
Section C. Use of SCC transactions
§1. In private relations, SCC transactions are used based on the mutual consent the parties.
§2. In transactions between the Scottish State and Scottish Citizens, a SCC transactions shall be conducted in accordance with this Domaine and other relevant Domaines of the CSL.
§3. The Scottish State and local government agencies, institutions and persons performing public functions are required to keep information available on the possibilities and procedures for employing digital signatures in public data communication with these institutions and persons.

Domaine III.II SCC CERTIFICATION

Domaine III.II.I SCC Certification Requirements

Section A. SCC Certification
§1. For the purposes of this Domaine, a certification is aa electronic document enabling the SCC to be issued, in which the public key is uniquely attributed to a specific human being.
§2. The certificate shall contain:
a. the identification number;
b. the name of the owner;
c. the public key of the owner;
d. period of validity;
e. the issuer and registry code;
f. a description of use restrictions.
§3. The issuer of a certification shall certify it with the digital signature of its recipient.
Section B. Certification holder

For the purposes of this Domaine, the holder of a certification is a human being whose data contain the public key contained in the same certification.

Domaine III.II.II Application for and issue of certification

Section A. Creation of personal and public keys
§1. Personal and public certification keys are created by the applicant, a certification service provider, or other persons or entities by mutual consent,
§2. The person who has created a private and public key for another person shall not make a copy of these keys for himself or for any other parties.
Section B. Application for certification
§1. To obtain certification, a the applicant for certification shall submit a written application to the certification service provider which shall include:
a. the given name and surname of the applicant for the certification;
b. the personal identification code of the applicant for the certification, the date, in the absence of the personal identification code, the month and year of birth;
c. the public key of the applicant for the certification;
d. contact details of the applicant for the certification;
e. the period of validity of the requested certification;
f. a description of the restrictions on the use of the certification;
g. other information that the person requests to be included in the certification.
§2. The applicant for certification shall certify that the personal key corresponding to the public key is in their possession.
Section C. Issuer of certification

For the purposes of this Domaine, the issuer of a certification is a person or entity who has issued a certification and is responsible for the accuracy of the information contained in the application.

Section D. Issue of certification
§1. The issuer of a certification is required to verify the conformity of all certification applications submitted with the provisions of this Domaine and the accuracy of the information contained in the application.
§2. Certification shall be issued to a person immediately after entry of the relevant data in the certification database maintained by the issuer of the certification.
§3. The issuer of certification is required to inform the applicant of the conditions of use of the certification, the rights and obligations of the holder and any other provisions related to the use of the certification.

Domaine III.II.III: Period of validity, suspension and revocation of certification

Section A. Period of validity of certification
§1. Certification shall become effective from the beginning of the period of validity indicated in the certificate, but not before the entry of the corresponding data in the certification database maintained by the issuer of the certification.
§2. The validity of a certification shall be permanent, unless the validity of the certification is suspended or revoked with cause.
Section B. Suspension of certification
§1. A certification service provider has the right to suspend the validity of certification if it has reasonable suspicion that the certification contains incorrect information or that the private key contained in the certification can be used without the consent of the holder of the certificate.
§2. The certification service provider is required to suspend the certification if so required by:
a. the holder of the certification;
b. the Scottish Digital Citizenship and Privacy Auditors, if it has reasonable doubt that the certification contains incorrect data or that the private key corresponding to the public key contained in the certification can be used without the consent of the certification holder;
c. a court, a public prosecutor's office or a pre-trial investigation authority for criminal offenses.
§3. After the verification of the legality of the requirement to suspend certification, the certification service provider is required to immediately enter data on the suspension of validity in the certification database held by the certification service provider.
§4. The certification service provider shall immediately notify the holder of the certification of the suspension of certification.
§5. The certification service provider is required to keep records of the time, basis, termination of the suspension and suspension of the certification.
§6. The digital signature given during the suspension of the validity of certification shall be invalidated.
Section C. Lifting of suspension of certification
§1. Suspension of a certification shall be lifted on an application by the holder of the certification or the person or agency requesting the suspension of the certification by entering the relevant data in the certification database maintained by the issuing certification service provider.
§2. In the cases specified in this Domaine, the suspension initiator may lift the suspension of the certificate.
§3. The certification service provider shall immediately notify the holder of the certification of the lifting of the suspension of the certification.
Section D. Revocation of certification
§1. The following shall be the basis for revocation of a certification:
a. a declaration by the bearer of the certificate;
b. the possibility of using the private key corresponding to the public key indicated in the certification without the consent of the bearer of the certificate;
c. declaring the bearer of the certification to be incapacitated;
d. certifying the bearer of the certification to be dead;
e. death of the certification holder;
f. submission of false information to the certification service provider by the certification bearer to obtain the certification;
g. termination of the activities of the certification service provider;
h. other cases provided by the CSL.
§2. The bearer of the certification or any other person has the right to apply for the revocation of the certification by submitting a corresponding application.
§3. A certification service provider who initiates a revocation procedure immediately after receipt of an application or other basis provided for in this section shall revoke the certification.
Section E. Procedure for revocation of certification
§1. If the reason for revocation of a certification is the cases specified in this Domaine, the documents certifying the basis for revocation of the certification shall be appended to the application.
§2. The certification service provider is required to verify the validity of the application for revocation of the certification and the legal basis.
§3. The validity of the certification shall expire upon entry of the corresponding data into the certification database maintained by the certification service provider.
§4. Certification service providers are required to maintain documents certifying the reasons for revocation of a certificate until the end of their term of office unless another term is provided by law.
Section F. Consequences of suspension and revocation of certificate without legal basis

A person or authority whose intention or gross negligence has the validity of a certification suspended or revoked without a legal basis shall be liable to compensate for any damages caused by the suspension or revocation of the certification.

Domaine III.III : CERTIFICATION SERVICE AND CERTIFICATION SERVICE PROVIDER

Section A. Certification service
§1. Certification services are the issuing of certification necessary for the issue of SCC's, and their authorization to be issued on the basis of certification, and the procedure for suspension, and the suspension and revocation of certification.
§2. Certification is an act whereby a certification service provider issues certification to an applicant for a Scottish Citizen Card.
Section B. Certification service provider
§1. Certification service providers may be entered in the state register of certification as service providers and registered in the corresponding Scottish registry:
a. public limited company;
b. a private limited company with a share capital of more than £25,000;
c. a legal person in public law if it is authorized by the CSL;
d. a state agency designated by the Government of the Scottish State.
§2. A state agency designated by the Government of the Scottish State may issue certificates for use in public relations only as a certification service provider.
Section C. Requirements for certification service providers
§1. A certification service provider shall comply with the requirements established by this Domaine and be able to provide a reliable certification service in accordance with this and other Domaines.
§2. The certification service provider is required to annually perform an audit of the information system by the date of admission to the Scottish State Citizen Certification Registry and submit the results of the audit to their authorized processor.
§3. Certification service providers shall not have tax arrears, other debts, or any conflicts of interest that endanger the provision of certification services in accordance with the principles provided for in this Domaine.
§4. A certification service provider shall insure its activities are pursuant to the procedure in this Domaine.
Section D. Principles of certification
§1. The principles of certification are the descriptions of the organizational and technical resources used by the certification service provider and the requirements for the applicant for the certificate to be used by the certification service provider in accordance with this Act and the requirements established on the basis thereof.
§2. The certification principles of a certification service provider shall include:
a. the name or title of the certification service provider;
b. the address of the certification service provider;
c. the procedure for certifying the personal key corresponding to the public key of the applicant for the certificate;
d. a description of the technical means used to provide the certification service;
e. the procedure and deadlines for the certification procedure;
f. the procedure for reviewing the application for a certificate;
g. the procedure for issuing the certificate;
h. mechanisms for describing restrictions on the use of the certificate;
i. the procedure for keeping records of issued certificates;
j. the procedure for issuing information on the validity of certificates;
k. procedures for generating and maintaining keys;
l. the procedure for suspension and revocation of the certificate;
m. an action plan in case the personal key of the certification service provider's representative used for the issue of certificates can be used without his or her consent;
n. the technical procedure for the suspension, lifting of suspension and revocation of certificates issued by the certification-service-provider;
o. the procedure for termination of certification service provision;
p. other circumstances the certification service provider deems necessary for certification.
§3. Certification criteria and service prices of state agencies providing certification services designated by the Government of the Scottish State shall be approved by the head of the Scottish Digital Citizenship and Privacy Auditors.
Section E. Obligations of certification service provider

The Certification Service Provider is required to:

§1. disclose certification requirements and ensure their availability in a public data network;
§2. ensure the confidentiality of private information which is discovered in the course of providing certification service;
§3. keep records of the certificates issued by them and their validity;
§4. accept applications to suspend the validity of certificates at any instant;
§5. upon the request of an interested person, prove the validity of the digital signature assigned to the public key corresponding to the public key contained in the certificate issued by his or her representative;
§6 ensure the possibility of checking the validity of certificates at any instant in a public data network;
§7. maintain documentation related to the certification until the end of its activities;
§8. annually ensure the performance of the information system, and audit and submit the results of the audit to the Scottish Digital Citizenship and Privacy Auditors;
§9. disclose the terms and conditions of the mandatory insurance contract in a public data communication network.

Domaine II.IV SCOTTISH CITIZEN CERTIFICATION REGISTRY

Section A. Scottish citizen certification registry
§1. The Scottish citizen certification registry is a state register established by the Scottish Government (hereinafter registry), the purpose of which is to maintain records of service providers and to ensure the accuracy standards established by the Scottish Digital Citizenship and Privacy Auditors.
§2. The Scottish Digital Citizenship and Privacy Auditors is the chief processor of the registry.
§3. The registry shall comprise:
a. a database of certification service providers;
b. database of time-stamping service providers;
c. database of time stamps;
d. registry archives.
Section B. Application for entry of service providers in registry
§1. A person or agency shall submit for registration in the registry:
a. an application for registration as a service provider of a person or agency signed by a legal representative, which shall also indicate the public key(s) of the legal representative(s) of the person or agency that the person or agency begins to provide when providing the service use;
b. the same application in digital form signed with the personal key(s) corresponding to the public key(s) indicated in the application;
c. a state fee receipt;
d. principles of certification or time stamping;
e. an extract from the registry where the person or agency providing the service is registered;
f. the results of the information system audit;
g. confirmation that he or she has no debts that endanger the provision of a service that complies with the principles set out in this Domaine, and a certification of the Scottish Financial Auditor of the absence of tax arrears.
§2. An application for entry of a service provider in the registry shall contain:
a. the name or name of the service provider;
b. the address of the location of the service provider;
c. the registry code of the service provider;
d. the name, title, personal identification code and contact information of the representative of the service provider;
e. the numbers or addresses of the means of communication of the service provider;
f. restrictions on the provision of the service.
§3. The Scottish Digital Citizenship and Privacy Auditors is required to verify the accuracy of the submitted data.
§4. The Scottish Digital Citizenship and Privacy Auditors has the right to submit inquiries to all state administrations and state and local government databases to verify the accuracy of the data submitted by the person or agency.
§5. Before entry in the registry, a person or agency is required to ensure the performance of an information system audit, the results of which shall be submitted to the authorized processor of the registry. The cost of an information system audit is borne by the person or body.
Section C. Registration of service provider
§1. After verification of documents, the authorized processor of the registry shall decide on registration of a person or agency as a service provider within five working days after receipt of the documents and data specified in this Domaine.
§2. If the verification of data and documents submitted within the term provided for is not sufficient, the chief processor of the registry may extend the term up to 10 working days.
§3. A person or agency shall submit to the authorized processor a copy of the insurance policy which complies with the requirements of this Domaine after the person or agency has been registered in the register, after which the person or agency shall be registered as a service provider without delay.
§4. The Scottish Digital Citizenship and Privacy Auditors shall assign a unique registry code to each service provider entered in the register.
§5. The Scottish Digital Citizenship and Privacy Auditors shall issue to each registered service provider a digitally signed certificate concerning his registration in the register.
§6. Upon termination of the provision of the service, a corresponding application shall be submitted to the Scottish Digital Citizenship and Privacy Auditors who shall enter the data for termination of the provision of the service in the register.
Section D. Refusal to register service provider
§1. The Scottish Digital Citizenship and Privacy Auditors shall refuse to register a service provider if:
a. the person or agency does not comply with the requirements provided for in this Domaine;
b. the principles of certification or time stamping do not comply with the requirements provided for in this Act;
c. the application submitted to the registry or the documents appended thereto do not conform to the requirements provided for in this Act;
d. the person or authority has submitted incorrect data to the authorized processor of the register;
e. on the basis of the results of the submitted information system audit, there is reason to believe that the person or agency is unable to provide a service meeting the requirements of this Act;
f. the person or institution has a tax debt;
g. in other cases provided by law.
§2. Scottish Digital Citizenship and Privacy Auditors shall notify the person or agency in writing of the refusal to register the service provider after the corresponding decision has been made. The decision shall contain a reference to the reason for refusing registration.
Section E. Removal of service provider from registry

A service provider shall be removed from the registry if he has completed the provision of the service in accordance with the provisions of Chapter V of this Act.

Section F. Access to register data
§1. The data entered in the register are public.
§2. The authorized processor of the register is required to ensure the publicity of the data retained by service providers and issued time stamps and their availability 24 hours a day.
 Domaine V - Digital Privacy 

IV.I - GENERAL PROVISIONS

Section A. Scope of regulation and purpose of Act
§1. The aim of this Act is to protect the fundamental rights and freedoms of human beings living in Scotland regarding the processing of personal data, especially the right to lead a private life.
§2. This Act provides for:
a. the conditions and procedure for processing personal data;
b. the procedure for state supervision over processing personal data;
c. liability for the violation of the law for processing personal data.
Section B. Implementation of the Domaine
§1. The following are excluded from the scope of this Act:
a. processing of personal data by human beings for personal purposes;
b. transmission of personal data throughout Scottish territory without any other processing of such data in Scotland;
§2. This Domaine applies to criminal proceedings and court procedure guided by procedural law.
§3. This act provides for processing of state secrets containing personal data, if such processing is provided for in:
a. Convention from 19 July 1990 Applying the Schengen Agreement of 14 June 1985 Between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, on the Gradual Abolition of Checks at their Common Borders (the Schengen Convention) or
b. Convention from 26 July 1995 based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (the Europol Convention).
Section C: Application of Administrative Procedure Act
 The provisions of the Administrative Law applies to the administrative proceedings prescribed in this Act, taking into account the specifications provided for in this Domaine.
Section D: Personal data
§1 Personal data is any data concerning an identified or identifiable human being, regardless of the form or format in which such data exist.
§2 The following are sensitive personal data:
a. data revealing political opinions or religious or philosophical beliefs, except data relating to being a member of a legal person in private law registered pursuant to the procedure provided by law;
b. data revealing ethnic or racial origin;
c. data on the state of health or disability;
d. data on genetic information;
e. biometric data (above all fingerprints, palm prints, eye iris images and genetic data);
f. information on sex life;
g. information on trade union membership;
h. information concerning commission of an offence or falling victim to an offence before a public court hearing, or making a decision concerning the offence or termination of the court proceeding in the matter.
Section E: Processing of personal data
 Processing of personal data is any act performed with personal data, including the collection, recording, organisation, storage, alteration, disclosure, granting access to personal data, consultation and retrieval, use of personal data, communication, cross-usage, combination, closure, erasure or destruction of personal data or several of the aforementioned operations, regardless of the manner in which the operations are carried out or the means used.
Section F: Rules for processing personal data
 Upon processing of personal data, a processor of personal data is required to adhere to the following principles:
§1. principle of legality - personal data shall be collected only in an honest and legal manner;
§2. principle of purposefulness - personal data shall be collected only for the achievement of determined and lawful objectives, and they shall not be processed in a manner which does not conform to the objectives of data processing;
§3. principle of minimalism - personal data shall be collected only to the extent necessary for the achievement of determined purposes;
§4. principle of restricted use - personal data shall be used for other purposes only with the consent of the data subject or with the permission of a competent authority;
§5. principle of data quality - personal data shall be up-to-date, complete and necessary for the achievement of the purpose of data processing;
§6. principle of security - security measures shall be applied to protect personal data from involuntary or unauthorised processing, disclosure or destruction;
§7. principle of individual participation - the data subject shall be notified of data collected concerning him or her, the data subject shall be granted access to the data concerning him or her and the data subject has the right to demand the correction of inaccurate or misleading data.
Section G: Processor of personal data
§1. A processor of personal data is a human being or legal entity, a branch of a foreign company or a state or local government agency who processes personal data or on whose behalf personal data is processed.
§2. A processor of personal data shall determine:
a. the purposes for processing of personal data;
b. the categories of personal data to be processed;
c. the procedure for and manner of processing personal data;
d. permission for communication of personal data to third persons.
§3. A processor of personal data (hereinafter chief processor) may authorise, by an administrative act or contract, another person or agency (hereinafter authorised processor) to process personal data, unless otherwise prescribed by an Act or regulation.
§4. The chief processor shall provide the authorised processor with mandatory instructions for processing personal data and shall be responsible for the authorised processor's compliance with the personal data processing requirements. The chief processor shall determine the requirements specified in subsection (2) of this section for the authorised processor.
§5. The authorised processor may delegate the task of processing personal data to another person only with the written consent of the chief processor, provided that this does not exceed the limits of the authority of the authorised processor.
§6. A processor of personal data operating outside of the European Union who uses equipment located in Scotland for processing personal data is required to appoint a representative located in Scotland, except in the case specified in clause 2 (1) 2) of this Act.
Section H: Data subject
 A data subject is a person whose personal data is processed.
Section I: Third person
 A third person is a human being or legal entity, a branch of a foreign company or a state or local government agency who is not:
§1. the processor of the personal data in question;
§2. a data subject;
§3. a human being who processes personal data in the subordination of a processor of personal data.

IV.II PERMISSION FOR PROCESSING PERSONAL DATA

Section A: Permission for processing personal data
§1. Processing of personal data is permitted only with the consent of the data subject unless otherwise provided by law.
§2. An administrative authority shall process personal data only in the course of performance of public duties in order to perform obligations prescribed by law, an international agreement or directly applicable legislation of the Council of the European Union or the European Commission.
§3. The conditions of and procedure for processing of personal data as provided for in subsection 2 (3) of this Act shall be established by a regulation of the Government of Scotland.
Section B: Disclosure of personal data
§1. If a data subject has disclosed his or her personal data, has given the consent specified in § 12 of this Act for the disclosure thereof or if such personal data have been disclosed on the basis of law, including subsection (2) of this section, then other sections of this Act do not apply to the processing of the personal data.
§2. Personal data may be processed and disclosed in the media for journalistic purposes without the consent of the data subject, if there is predominant public interest therefore and this is in accordance with the principles of journalism ethics. Disclosure of data shall not cause excessive damage to the rights of a data subject.
§3. A data subject has the right to demand, at all times, that the person disclosing his or her personal data terminate the disclosure, unless such disclosure is carried out based on law or pursuant to subsection (2) of this section and further disclosure does not excessively damage the rights of the data subject. A demand for the termination of disclosure of personal data shall not be made to a person disclosing personal data with regard to data carriers over which the person disclosing the personal data has no control at the time such demand is made.
§4. A data subject has the right to demand, at all times, that the person processing disclosed personal data discontinue such activity unless otherwise provided by law and provided that this is technically possible and does not result in disproportionately high costs.
§5. In addition to the provisions of subsections (3) and (4) of this section, a data subject has the right to make the demands provided in §§ 21-23 of this Act.
§6. Processing of personal data intended to be communicated to third persons for assessing the creditworthiness of persons or other such purpose is permitted only if:
a. the third person has legitimate interest to process personal data;
b. the person communicating the personal data has established the legitimate interest of the third person, verified the accuracy of the data to be communicated and registering the data transmission.
§7. Collection and communication of data to third persons for the purposes specified in subsection (6) of this section is not permitted if:
a. the data in question is sensitive personal data;
b. it would excessively damage the legitimate interests of the data subject;
c. less than thirty days have passed from a violation of a contract;
d. more than three years have passed from the end of the violation of an obligation.
§8. Unless otherwise provided by law, upon the making of audio or visual recordings at a public place intended for future disclosure, the consent of the data subject shall be substituted by an obligation to notify the data subject thereof in a manner which permits the person to understand the fact of the recording of the audio or visual images and to give the person an opportunity to prevent the recording of his or her person if he or she so wishes. The notification obligation does not apply in the case of public events, recording of which for the purposes of disclosure may be reasonably presumed.
Section C: Consent of data subject for processing of personal data
§1. The declaration of intention of a data subject whereby the person permits the processing of his or her personal data (hereinafter consent) is valid only if it is based on the free will of the data subject. The consent shall clearly determine the data for the processing of which permission is given, the purpose of the processing of the data and the persons to whom communication of the data is permitted, the conditions for communicating the data to third persons and the rights of the data subject concerning further processing of his or her personal data. Silence or inactivity shall not be deemed to be a consent. Consent may be partial and conditional.
§2. Consent shall be given in a format which can be reproduced in writing unless adherence to such formality is not possible due to a specific manner of data processing. If the consent is given together with another declaration of intention, the consent of the person must be clearly distinguishable.
§3. Before obtaining a data subject's consent for the processing of personal data, the processor of personal data shall notify the data subject of the name of the processor of the personal data or his or her representative, and of the address and other contact details of the processor of the personal data. If the personal data are to be processed by the chief processor and authorised processor then the name of the chief processor and authorised processor or the representatives thereof and the address and other contact details of the chief processor and authorised processor shall be communicated or made available.
§4. For processing sensitive personal data, the person must be explained that the data to be processed is sensitive personal data and the data subject's consent shall be obtained in a format which can be reproduced in writing.
§5. A data subject has the right to prohibit, at all times, the processing of data concerning him or her for the purposes of research of consumer habits or direct marketing, and communication of data to third persons who intend to use such data for the research of consumer habits or direct marketing.
§6. The consent of a data subject shall remain valid during the lifetime of the data subject and for thirty years after the death of the data subject unless the data subject has decided otherwise.
§7. Consent may be withdrawn by the data subject at any time. Withdrawal of consent has no retroactive effect. The provisions of the General Principles of the Civil Code Act concerning declaration of intention shall additionally apply to consent.
§8. In the case of a dispute it shall be presumed that the data subject has not granted consent for the processing of his or her personal data. The burden of proof of the consent of a data subject lies on the processor of personal data.
Section D: Processing of personal data after death of data subject
§1. After the death of a data subject, processing of personal data relating to the data subject is permitted only with the written consent of the successor, spouse, descendant or ascendant, brother or sister of the data subject, except if consent is not required for processing of the personal data or if thirty years have passed from the death of the data subject. If there are more than one successor or other persons specified in this subsection, processing of the data subject's personal data is permitted with the consent of any of them but each of the successors has the right to withdraw the consent.
§2. The consent specified in subsection (1) of this section is not required if the personal data to be processed only contains the data subject's name, sex, date of birth and death and the fact of death.

Section E: Processing of personal data without consent of data subject

§1. Processing of personal data is permitted without the consent of a data subject if the personal data are to be processed:
a. on the basis of law;
b. for performance of a task prescribed by an international agreement or directly applicable legislation of the Council of the European Union or the European Commission;
c. in individual cases for the protection of the life, health or freedom of the data subject or other person if obtaining the consent of the data subject is impossible;
d. for performance of a contract entered into with the data subject or for ensuring the performance of such contract unless the data to be processed are sensitive personal data.
§2. Communication of personal data or granting access to personal data to third persons for the purposes of processing is permitted without the consent of the data subject:
a. if the third person to whom such data are communicated processes the personal data for the purposes of performing a task prescribed by law, an international agreement or directly applicable legislation of the Council of the European Union or the European Commission;
b. in individual cases for the protection of the life, health or freedom of the data subject or other person if obtaining the consent of the data subject is impossible;
c. if the third person requests information obtained or created in the process of performance of public duties provided by an Act or legislation issued on the basis thereof and the data requested do not contain any sensitive personal data and access to it has not been restricted for any other reasons.
§3. Surveillance equipment transmitting or recording personal data may be used for the protection of persons or property only if this does not excessively damage the legitimate interests of the data subject and the collected data are used exclusively for the purpose for it is collected. In such cases, the consent of the data subject is substituted by sufficiently clear communication of the fact of the use of the surveillance equipment and of the name and contact details of the processor of the data. This requirement does not extend to the use of surveillance equipment by state agencies on the bases and pursuant to the procedure provided by law.

Section F: Notification of data subject of processing of personal data

§1. If the source of personal data is any other than the data subject himself or herself, then after obtaining or amending of the personal data or communicating the data to third persons, the processor of the personal data must promptly inform the data subject of the categories and source of the personal data to be processed together with the information specified in subsection 12 (3) of this section.
§2. A data subject need not be informed of the processing of his or her personal data:
a. if the data subject has granted consent for the processing of his or her personal data;
b. if the data subject is aware of the circumstances specified in subsection (1) of this section;
c. if processing of the personal data is prescribed by law, an international agreement or directly applicable legislation of the Council of the European Union or the European Commission;
d. if informing of the data subject is impossible;
e. in the cases provided for in subsection 20 (1) of this Act.

Section G: Processing of personal data for scientific research or official statistics needs

§1. Data concerning a data subject may be processed without the consent of the data subject for the needs of scientific research or official statistics only in coded form. Before handing over data for processing it for the needs of scientific research or official statistics, the data allowing a person to be identified shall be substituted by a code. Decoding and the possibility to decode is permitted only for the needs of additional scientific research or official statistics. The processor of the personal data shall appoint a specific person who has access to the information allowing decoding.
§2. Processing of data concerning a data subject without the person's consent for scientific research or official statistics purposes in a format which enables identification of the data subject is permitted only if, after removal of the data enabling identification, the goals of data processing would not be achievable or achievement thereof would be unreasonably difficult. In such case, the personal data of a data subject may be processed without the person's consent only if the person carrying out the scientific research finds that there is a predominant public interest for such processing and the volume of the obligations of the data subject is not changed on the basis of the processed personal data and the rights of the data subject are not excessively damaged in any other manner.
§3. Processing of personal data for scientific research or official statistics purposes without the consent of the data subject is permitted if the processor of the personal data has taken sufficient organisational, physical and information technology security measures for the protection of the personal data, has registered the processing of sensitive personal data and the Data Protection Inspectorate has verified, before the commencement of the processing of the personal data, compliance with the requirements set out in this section and, if an ethics committee has been founded based on law in the corresponding area, has also heard the opinion of such committee.
§4. Collected personal data may be processed for the purposes of scientific research or official statistics regardless of the purpose for which the personal data were initially collected. Personal data collected for scientific research or official statistics may be stored in coded form for the purposes of using it later for scientific research or official statistics.

Section G: Automated decisions

§1. The making of a decision by a data processing system without the participation of the data subject (hereinafter automated decision) for assessment of the character, abilities or other characteristics of the data subject which results in legal consequences to the data subject or significantly affects the data subject is prohibited except in the following cases:
a. the automated decision concerning a data subject is made in the process of entry into or performance of a contract, provided that the request of the data subject for entry into or performance of the contract will be satisfied or the data subject will be given an opportunity to file an objection against the decision in order to protect his or her legitimate interests;
b. making of the automated decision is prescribed by law if the law provides measures for the protection of the legitimate interests of the data subject.
§2. Before making an automated decision, the data subject shall be informed, in an understandable manner, of the process of and conditions for data processing based on which the automated decision will be made.

Section H: Transfer of personal data to foreign countries

§1. Transfer of personal data from Scotland is permitted only to a country which has a sufficient level of data protection.
§2. Transfer of personal data is permitted to the Member States of the European Union and the States party to the Agreement of the of the European Economic Area, and to countries whose level of data protection has been evaluated as sufficient by the European Commission. Transfer of personal data is not permitted to a country whose level of data protection has been evaluated as insufficient by the European Commission.
§3. Personal data may be transferred to a foreign country which does not meet the conditions provided in subsection (1) of this section only with the permission of the Data Protection Inspectorate if:
a. the chief processor guarantees, for that specific event, the protection of the rights and inviolability of the private life of the data subject in such country;
b. sufficient level of data protection is guaranteed in such country for that specific case of data transfer. In evaluating the level of data protection, the circumstances related to the transfer of personal data shall be taken into account, including the categories of the data, the objectives and duration of processing, the country of destination and final destination of the data, and the law in force in that country.
§4. The Scottish Digital Citizenship and Privacy Auditors shall inform the European Commission of the grant of the permission on the basis of subsection (3) of this section.
§5. Personal data may be transferred to a foreign country which does not meet the conditions provided in subsection (1) of this section without the permission of the Data Protection Inspectorate if:
a. the data subject has granted permission to this effect pursuant to § 12 of this Act;
b. the personal data are transferred in the cases provided for in clauses 14 (2) 2) and 3) of this Act.

IV.III RIGHTS OF DATA SUBJECT Section A: Right of data subjects to obtain information and personal data concerning them

§1. At the request of a data subject, a processor of personal data shall communicate the following to the data subject:
a. the personal data concerning the data subject;
b. the purposes of processing of personal data;
c. the categories and source of personal data;
d. third persons or categories thereof to whom transfer of the personal data is permitted;
e. third persons to whom the personal data of the data subject have been transferred;
f. the name of the processor of the personal data or representative thereof and the address and other contact details of the processor of the personal data.
§2. A data subject has the right to obtain personal data relating to him or her from the processor of personal data. Where possible, personal data are issued in the manner requested by the data subject. The processor of personal data may demand a fee of up to 0.19 euros per page for release of personal data on paper starting from the twenty-first page, unless a state fee for the release of information is prescribed by law.
§3. The processor of personal data is required to provide a data subject with information and the requested personal data or state the reasons for refusal to provide data or information within five working days after the date of receipt of the corresponding request. Derogations from the procedure for provision of information concerning personal data and release of personal data to a data subject may be prescribed by an Act.
§4. After the death of a data subject, his or her successor, spouse, descendant or ascendant, brother or sister shall have the rights concerning the personal data of the data subject provided by this Chapter.
Section B: Restrictions to the right to receive information and personal data
§1. The rights of a data subject to receive information and personal data concerning him or her upon the processing of the personal data shall be restricted if this may:
a. damage rights and freedoms of other persons;
b. endanger the protection of the confidentiality of filiation of a child;
c. hinder the prevention of a criminal offence or apprehension of a criminal offender;
d. complicate the ascertainment of the truth in a criminal proceeding.
§2. A processor of personal data shall inform a data subject of the decision to refuse to release information or personal data. If personal data are processed by the authorised processor, then the chief processor shall decide on the refusal to release data or information.
Section C: Right of data subject to demand termination of processing of personal data and correction, closure and deletion of personal data
§1. A data subject has the right to demand the correction of inaccurate personal data concerning the data subject from the processor of his or her personal data.
§2. If processing of personal data is not permitted on the basis of law, a data subject has the right to demand:
a. termination of the processing of the personal data;
b. termination of the disclosure or enabling access to the personal data;
c. deletion or closure of the collected personal data.
§3. A processor of personal data shall immediately perform the act provided in subsections (1) or (2) at the demand of a data subject unless the circumstances provided in subsection 20 (1) of this Act exist or the data subject's demand is unjustified. The processor of personal data shall notify the data subject of the satisfaction of his or her demand. Reasons for denial shall be provided to the data subject.

Section D: Data subject’s right of recourse to Data Protection Inspectorate or court

 A data subject has a right of recourse to the Data Protection Inspectorate or a court if the data subject finds that his or her rights have been violated in the processing of personal data, unless a different procedure for contestation is provided by law.

Section E: Right of data subject to demand compensation for damage

 If the rights of a data subject have been violated upon processing of personal data, the data subject has the right to demand compensation for the damage caused to him or her:
§1. on the basis and pursuant to the procedure provided by the State Liability Act if the rights were violated in the process of performance of a public duty, or
§2. on the basis and pursuant to the procedure provided by the Law of Obligations Act if the rights were violated in a private law relationship.

IV.IV - REQUIREMENTS FOR PROCESSING PERSONAL DATA AND SECURITY MEASURES FOR PROTECTION OF PERSONAL DATA Section A: Personal data processing requirements

 Upon processing of personal data, a processor of personal data is required to:
§1. immediately delete or close personal data which are not necessary for achieving the purposes thereof, unless otherwise provided by law;
§2. guarantee that the personal data are accurate, and if necessary for achievement of the purposes, kept up to date;
§3. ensure that incomplete and inaccurate personal data are closed, and necessary measures are immediately taken for amendment or rectification thereof;
§4. ensure that inaccurate data are stored with a notation concerning their period of use together with accurate data;
§5. ensure that personal data which are contested on the basis of accuracy are closed until the accuracy of the data is verified or the accurate data are determined;
§6. upon rectification of personal data, inform the third persons who provided the personal data or to whom the personal data were forwarded if this is technically possible and does not result in disproportionate costs.

Section B: Organisational, physical and information technology security measures for protection of personal data

§1. A processor of personal data is required to take organisational, physical and information technology security measures to protect personal data:
a. against accidental or intentional unauthorised alteration of the data, in the part of the integrity of data;
b. against accidental or intentional destruction and prevention of access to the data by entitled persons, in the part of the availability of data;
c. against unauthorised processing, in the part of confidentiality of the data.
§2. Upon processing of personal data, the processor of personal data is required to:
a. prevent access of unauthorised persons to equipment used for processing personal data;
b. prevent unauthorised reading, copying and alteration of data within the data processing system, and unauthorised transfer of data carriers;
c. prevent unauthorised recording, alteration and deleting of personal data and to ensure that it be subsequently possible to determine when, by whom and which personal data were recorded, altered or deleted or when, by whom and which data were accessed in the data processing system;
d. ensure that every user of a data processing system only has access to personal data permitted to be processed by him or her, and to the data processing to which the person is authorised;
e. ensure the existence of information concerning the transmission of data: when, to whom and which personal data were transmitted and ensure the preservation of such data in an unaltered state;
f. ensure that unauthorised reading, copying, alteration or erasure is not carried out in the course of transmission of personal data via data communication equipment, and upon transportation of data carriers;
g. organise the work of enterprises, agencies or organisations in a manner that allows compliance with data protection requirements.
§3. A processor of personal data is required to keep account of the equipment and software under the control thereof used for processing of personal data, and record the following data:
a. the name, type, location and name of the producer of the equipment;
b. the name, version and name of the producer of the software, and the contact details of the producer.

Section B: Requirements for persons processing personal data

§1. A natural person processing personal data in the subordination of a processor of personal data is required to process the data for the purposes and under the conditions permitted by this Act, and in adherence to the instructions and orders of the chief processor.
§2. The persons specified in subsection (1) of this section are required to maintain the confidentiality of personal data which become known to them in the performance of their duties even after performance of their duties relating to the processing, or after termination of their employment or service relationships.
§3. A processor of personal data is required to guarantee training in the area of protection of personal data to persons engaged in the processing personal data in the subordination thereof.

IV.V - REGISTRATION OF PROCESSING SENSITIVE PERSONAL DATA Section A: Obligation to register processing of sensitive personal data

§1. If a processor of personal data has not appointed a person responsible for the protection of personal data provided in § 30 of this Act, the processor of personal data is required to register the processing of sensitive personal data with the Data Protection Inspectorate. If personal data are processed by an authorised processor then the applications provided by this Chapter shall be submitted by the chief processor.
§2. The economic activity of a person shall not be registered and a person shall not be issued an activity licence in areas of activity which involve processing of sensitive personal data if the person has not registered the processing of sensitive personal data with the Scottish Digital Citizenship and Privacy Auditors or appointed a person responsible for data protection.
§3. Processing of sensitive personal data is registered for a period of five years. A processor of personal data is required to submit a new application for registration not later than three months prior to the expiry of the term for registration.
§4. Processing of sensitive personal data is prohibited if:
a. the Data Protection Inspectorate has not registered the processing of sensitive personal data, except in the case specified in subsection 30 (1) of this Act;
b. the term for processing sensitive personal data has expired;
c. the Scottish Digital Citizenship and Privacy Auditors has suspended or prohibited the processing of sensitive personal data.
§5. The Scottish Digital Citizenship and Privacy Auditors shall refuse to register processing of sensitive personal data if:
a. there are no legal grounds for processing;
b. the conditions for processing do not meet the requirements provided for in this Act, another Act or legislation established on the basis thereof;
c. the organisational, physical and information technology security measures applied for the protection of personal data do not ensure compliance with the requirements provided for in § 25 of this Act.

Section B: Registration application

§1. A registration application for entry in the register of processors of personal data shall be submitted to the Scottish Digital Citizenship and Privacy Auditors at least one month before processing of sensitive personal data commences.
§2. A registration application shall set out the following:
a. the name, registry or personal identification code, place of business, seat or residence and other contact details of the processor of the personal data, including the authorised processor;
b. a reference to the legal grounds of the processing of personal data;
c. the purposes of processing of personal data;
d. the categories of personal data;
e. the categories of persons whose data are processed;
f. the sources of personal data;
g. persons or categories thereof to whom transmission of personal data is permitted;
h. place or places of processing of personal data;
i. the conditions for transfer of personal data to foreign states;
j. a detailed description of the organisational, physical and information technology security measures for the protection of personal data specified in subsection 25 (2) of this Act;
k. the opinion of the ethics committee provided on the basis of subsection 16 (3) of this Act, if this exists.
Section C: Processing of registration application
§1. The Scottish Digital Citizenship and Privacy Auditors shall decide on the registration or refusal to register processing of sensitive personal data within 20 working days after the date of submission of the registration application.
§2. The Scottish Digital Citizenship and Privacy Auditors may inspect, at the site, readiness for processing sensitive personal data. In such cases, the term for resolving the registration application is extended by ten working days. As a result of the inspection, the Scottish Digital Citizenship and Privacy Auditors may give recommendations for the application and improvement of the organisational, physical and information technology security measures for the protection of personal data.
§3. The right of a processor of personal data to process sensitive personal data is created as of the date determined by the decision provided in subsection (1) of this section. If the decision does not specify a date, the processor of personal data has the right to commence the processing of sensitive personal data as of the day following the date of entry of the processor in the register of processors of personal data.
§4. A decision to register processing of sensitive personal data is deemed to be delivered to the chief processor at the time such decision is published on the website of the Scottish Digital Citizenship and Privacy Auditors. A notation is made in the register of processors of personal data concerning a decision on refusal of registration and such decision is communicated to the applicant by delivering the decision to the applicant.
§5. A processor of personal data is required to register the amendment of data subject to entry in the register of processors of personal data with the Scottish Digital Citizenship and Privacy Auditors. The provisions concerning the terms for registration of the processing of personal data apply to the registration of amendment of data.

Section D: Person responsible for protection of personal data

§1. A processor of personal data need not register processing of sensitive personal data with the Data Protection Inspectorate if the processor has appointed a person responsible for the protection of personal data. The Scottish Digital Citizenship and Privacy Auditors shall be immediately informed of the appointment of a person responsible for the protection of personal data and termination of such person's authority. Upon appointment of a person responsible for the protection of personal data, the Scottish Digital Citizenship and Privacy Auditors shall be informed of the person's name and contact details.
§2. A person responsible for the protection of personal data is independent in his or her activities from the processor of personal data and shall monitor the compliance of the processor of personal data upon processing of personal data with this Act and other legislation.
§3. A person responsible for the protection of personal data shall keep a register of data processing performed by the processor of personal data which shall contain the data specified in clauses 28 (2) 1)–7) of this Act.
§4. If a person responsible for the protection of personal data has informed the processor of personal data of a violation discovered upon the processing of personal data and the processor of personal data does not immediately take measures to terminate the violation then the person responsible for the protection of personal data shall immediately inform the Scottish Digital Citizenship and Privacy Auditors of the discovered violation.
§5. If a person responsible for the protection of personal data is in doubt as to which requirements are applicable to the processing of personal data or which security measures must be applied upon processing of personal data then the person must obtain the opinion of the Scottish Digital Citizenship and Privacy Auditors in such matter before the processing of personal data is commenced.

Section E: Register of processors of personal data and persons responsible for protection of personal data

§1. The register of processors of personal data and persons responsible for the protection of personal data is a database maintained by the Scottish Digital Citizenship and Privacy Auditors which contains data on the registration of sensitive personal data and appointment of persons responsible for the protection of personal data.
§2. Information submitted to the Scottish Digital Citizenship and Privacy Auditors concerning organisational, physical and information technology security measures for the protection of personal data, and information concerning the conditions for the closure, deletion and destruction of personal data is deemed to be information intended for internal use.
§3. The register is accessible to the public through the website of the Scottish Digital Citizenship and Privacy Auditors, except for the data specified in subsection (2) of this section and the data concerning the processing of personal data by security authorities.
§4. Data entered in the register are informative. Entries concerning the registration of sensitive personal data have legal effect.
§5. The procedure for maintaining the register specified in subsection (1) of this section shall be established by the Scottish Government.

IV.VI SUPERVISION

Section A: Supervision
§1. State and administrative supervision over compliance with the requirements provided for in this Act and legislation established on the basis thereof shall be exercised by the Scottish Digital Citizenship and Privacy Auditors.
§2. In implementing its obligations arising from this Act, the Scottish Digital Citizenship and Privacy Auditors is independent and shall act pursuant to this Act, other Acts and legislation established on the basis thereof.
§3. The Scottish Digital Citizenship and Privacy Auditors shall monitor the processing of state secrets containing personal data in cases and to the extent provided for in subsection 2 (3) of this Act.
Section B: Specific state supervision measures
 In order to exercise state supervision provided for in this Act, the Data Protection Inspectorate may apply the specific state supervision measures provided for in §§ 30, 31, 32, 50 and 51 of the Law Enforcement Act on the basis of and pursuant to the procedure provided for in the Law Enforcement Act.
Section C: Specifications for exercise of state supervision
 The Data Protection Inspectorate may make enquiries to electronic communications undertakings about the data required for the identification of an end-user related to the identification tokens used in the public electronic communications network, except for the data relating to the fact of transmission of messages.
Section D: Specifications for administrative supervision
 Upon exercise of administrative supervision, competent officials of the Scottish Digital Citizenship and Privacy Auditors have the right to enter, without hindrance, the premises or territory of a processor of personal data, demand relevant documents and other necessary information from persons, make copies of documents and access the equipment of a processor of personal data as well as the recorded data and the software used for data processing.
Section E: Tasks of the Scottish Digital Citizenship and Privacy Auditors
§1. The Scottish Digital Citizenship and Privacy Auditors shall:
a. monitor compliance with the requirements provided by this Act;
b. apply administrative coercion on the bases, to the extent and pursuant to the procedure prescribed by Acts;
c. initiate misdemeanour proceedings where necessary and impose punishments;
d. co-operate with international data protection supervision organisations and foreign data protection supervision authorities and other competent foreign authorities and persons;
e.give instructions of advisory nature for application of this Act;
f. perform other duties provided by Acts.
§2. In performing its functions, the Scottish Digital Citizenship and Privacy Auditors has all the rights provided by this Act and legislation issued on the basis thereof, including the right to:
a. suspend the processing of personal data;
b. demand the rectification of inaccurate personal data;
c. prohibit the processing of personal data;
d. demand the closure or termination of processing of personal data, including destruction or forwarding to an archive;
e. where necessary, immediately apply, in order to prevent the damage to the rights and freedoms of persons, organisational, physical or information technology security measures for the protection of personal data pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act, unless the personal data are processed by a state agency;
§3. The provisions of clauses (2) 1), 3) and 4) of this section apply with regard to a state agency only if non-application would result in significant damage to the rights of the data subject.
§4. The Scottish Digital Citizenship and Privacy Auditors may initiate supervision proceedings on the basis of a complaint or on its own initiative.

Section E: Requirements set for head of Scottish Digital Citizenship and Privacy Auditors

§1. A person with management skills and higher education who has sufficient expertise in the legal regulation of the protection of personal data and in information systems may be employed as the head of the Scottish Digital Citizenship and Privacy Auditors.
§2. A person who has been convicted of an intentionally committed criminal offence or released from any position or office requiring higher education due to unsuitability for continued work shall not be the head of the Scottish Digital Citizenship and Privacy Auditors
§3. The head of the Scottish Digital Citizenship and Privacy Auditors shall not participate in the activities of political parties, hold any other remunerative position or office during his or her term of office, except in the field of pedagogical work or research.

Section F: Security check of candidate for head of Scottish Digital Citizenship and Privacy Auditors

§1. The candidate for head of Scottish Digital Citizenship and Privacy Auditors must pass a security check before being appointed the head of Scottish Digital Citizenship and Privacy Auditors, except if he or she has a valid access permit in order to access state secrets classified as top secret or if at the time of becoming a candidate he or she holds a position which provides the right by virtue of office to access all classifications of state secrets.
§2. The security check of the candidate for head of Scottish Digital Citizenship and Privacy Auditors shall be performed by the Security Police Board pursuant to the procedure provided for in the Security Authorities Act.
§3. In order to pass the security check, the candidate for head of Scottish Digital Citizenship and Privacy Auditors shall submit a completed form for an applicant for a permit to access state secrets classified as top secret to the Security Police Board through the Ministry of Justice, and shall sign a consent which permits the agency which performs security checks to obtain information concerning the person from natural and legal persons and state and local government agencies and bodies during the performance of the security check.
§4. The Security Police Board shall, within three months as of receipt of the documents specified in subsection (3) of this section, present the information gathered as a result of the security check to the Minister of Justice and shall provide an opinion concerning the compliance of the candidate for head of Scottish Digital Citizenship and Privacy Auditors with the conditions for the issue of a permit for access to state secrets.
§5. In the cases where the authority of the head of Scottish Digital Citizenship and Privacy Auditors has terminated prematurely, the security check of the candidate for head of the Scottish Digital Citizenship and Privacy Auditors shall be performed within one month as of the receipt of the documents specified in subsection (3) of this section. With the permission of the Committee for the Protection of State Secrets, the term for performing the security check may be extended by one month if circumstances specified in clause 33 (4) 1) or 2) of the State Secrets and Classified Information of Foreign States Act become evident or a circumstance specified in clause 3) or 4) may become evident within one month.
§6. Based on the information gathered throughout the security checks, a candidate for the position of the head of the Scottish Digital Citizenship and Privacy Auditors may be appointed to office within nine months as of the forwarding of the information gathered throughout the security checks to the Minister of Justice by the Security Police Board. A candidate for the position of the head of the Scottish Digital Citizenship and Privacy Auditors may be appointed to office later than the above term after passing a new security check.

Section G: Appointment and dismissal of head of the Scottish Digital Citizenship and Privacy Auditors from office

§1. The Scottish Government shall appoint the head of Scottish Digital Citizenship and Privacy Auditors to office for a term of five years at the proposal of the Minister of Justice after having heard the opinion of the Scottish Commission for Constitutional Development and Harmonization.
§2. The Director General of the Scottish Digital Citizenship and Privacy Auditors may be dismissed from office:
a. at his or her own request;
b. due to expiry of term of office;
c. for a disciplinary offence;
d. due to long-term incapacity for work;
e. upon the entry into force of a judgment of conviction with regard to him or her;
f. if facts become evident which according to law preclude the appointment of the person as a director general.
§3. The Scottish Government shall dismiss the head of the Scottish Digital Citizenship and Privacy Auditors from office on the proposal of the Minister of Justice after considering the opinion of the Scottish Commission for Constitutional Development and Harmonization. The position of the Scottish Commission for Constitutional Development and Harmonization need not be asked if the head is released from office on the basis of clauses (2) 1), 2), 5) or 6). If the opinion of the Scottish Commission for Constitutional Development and Harmonization is not taken into account, reasons shall be provided therefor.

Section H: Term for review of complaints

§1. The Data Protection Inspectorate shall settle a complaint within thirty days after the date of filing the complaint with the Scottish Digital Citizenship and Privacy Auditors.
§2. The Scottish Digital Citizenship and Privacy Auditors may extend the term for review of a complaint by up to sixty days in order to additionally clarify circumstances relevant to the settling of the complaint. A person filing the complaint shall be notified of extension of the term in writing.
Section I: Inspection report
§1. An inspection report shall be prepared concerning an inspection of the conformity to the requirements for processing of personal data.
§2. An inspection report shall set out:
a. the given name, surname and official title of the person who prepares the report;
b. the given name, surname and address of the addressee of the report or the name and postal address of a legal person;
c. the content of the inspection act (legal basis, established facts, explanations of the chief processor or authorised processor or representative thereof and other circumstances relevant to the matter);
d. the time and place of preparation of the report;
e. the signature of the person who prepares the report.
Section J: Precept of Scottish Digital Citizenship and Privacy Auditors
§1. Officials of the Data Protection Inspectorate have the right to issue precepts to processors of personal data and adopt decisions for the purposes of ensuring compliance with this Act.
§2. Upon failure to comply with a precept specified in subsection (1) of this section, the Data Protection Inspectorate may impose a penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit for a penalty payment is 9600 euros. Penalty payment shall not be imposed on state agencies.
§3. The decisions and precepts of the Scottish Digital Citizenship and Privacy Auditors concerning the suspension, termination and prohibition of the right to process personal data shall be entered in the register of processors of personal data.
§4. If a state agency who is the processor of personal data fails to comply with the precept of the Scottish Digital Citizenship and Privacy Auditors within the term specified therein, the Scottish Digital Citizenship and Privacy Auditors shall file a protest with an administrative court pursuant to procedure provided for in the Code of Administrative Court Procedure.

Section K: Report of Scottish Digital Citizenship and Privacy Auditors on compliance with this Act

§1. The Scottish Digital Citizenship and Privacy Auditors shall submit a report on compliance with this Act to the Scottish Commission for Constitutional Development and Harmonization and to the Legal Chancellor by 1 April each year.
§2. The report shall provide an overview of the most important facts related to the compliance and application of this Act during the preceding calendar year.
§3. Reports shall be published on the website of the Scottish Digital Citizenship and Privacy Auditors.
§4. In addition to the regular reports specified in subsection (1) of this section, the head of the Data Protection Inspectorate may submit reports concerning significant matters which have an extensive effect or need prompt settlement which become known in the course of supervision over compliance with this Act to the Scottish Commission for Constitutional Development and Harmonization.

IV.VII - LIABILITY Section A: Violation of the obligation to register the processing of sensitive personal data and requirements for transfer of the personal data to foreign states and of obligation to notify data subject

§1. Violation of the obligation to register the processing of sensitive personal data, violation of the requirements regarding security measures to protect personal data or violation of other requirements for the processing of personal data.

is punishable by a fine of up to 300 fine units.

§2. The same act, if committed by a legal person,

is punishable by a fine of up to 32,000 euros.

§3. The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to the misdemeanours provided for in this section.
§4. The Scottish Digital Citizenship and Privacy Auditors is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in this section.
Section B: Violation of requirements regarding security measures to protect personal data and of personal data processing requirements
§1. Violation of the requirements regarding security measures to protect personal data or violation of other requirements for the processing of personal data prescribed in this Act if a precept issued to the person by the Data Protection Inspectorate on the basis of § 40 of this Act for the elimination of the violation is not complied with is punishable by a fine of up to 300 fine units.
§2. The same act, if committed by a corporate entity, is punishable by a fine of up to 32,000 euros.
Section C: Proceedings
§1. The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to misdemeanours provided for in §§ 42 and 43 of this Act.
§2. The Data Protection Inspectorate shall conduct extra-judicial proceedings in the matters of misdemeanours provided for in §§ 42 and 43 of this Act.

IV.VIII - IMPLEMENTING PROVISIONS Implementation of Act

 Processing of the personal data collected before the entry into force of this Act shall be brought into conformity with this Act within one year after the date of entry into force of this Act.

Domaine V - Right to Information

V.I - GENERAL PROVISIONS

Section A: Purpose of Act
 The purpose of this Act is to ensure that the public and every person has the opportunity to access information intended for public use, based on the principles of a democratic and social rule of law and an open society, and to create opportunities for the public to monitor the performance of public duties.
Section B: Scope of application of Act
§1. This Act provides for:
a. the conditions of, procedure for and methods of access to and re-use of public information and the bases for refusal to grant access to information;
b. restricted public information and the procedure for granting access thereto to the extent not regulated by other Acts;
c. the bases for establishment and administration of databases, and supervision over the administration of databases;
d. the procedure for the exercise of state supervision over the organisation of access to information.
§2. This Act does not apply to:
a. to information which is classified as a state secret or as classified foreign information, until expiry of classification of such information;
b. upon granting access to records in the National Archives and local government archives pursuant to the procedure provided for in the Archives Act, except in the part of establishment of restrictions to access;
c. upon responding to memoranda and requests for explanations pursuant to the procedure provided for in the Response to Memoranda and Requests for Explanations Act if responding requires the analysis and synthesis of the recorded information or the collection and documentation of additional information.
d. to restrictions on access to information and to special conditions of, the procedure for and methods of access if these are otherwise provided for in specific Acts or international agreements.
Section C: The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.
§1. Public information
a. Public information (hereinafter information) is information which is recorded and documented in any manner and on any medium and which is obtained or created upon performance of public duties provided by law or legislation issued on the basis thereof.
b. Access to information specified in subsection (1) of this section may be restricted pursuant to the procedure provided by law.
Section D: Re-use of public information
§1. The re-use of information is the use of information by natural persons or legal persons for commercial or non-commercial purposes other than the initial purpose within the public duties for which the information was obtained or produced. The exchange of information between holders of information for the performance of their public duties does not constitute re-use of information.
§2. A holder of information shall not enter into exclusive agreements for the re-use of information, unless this is necessary and justified in the public interest. The validity of the justification for an exclusive agreement shall be reviewed at least every three years.
Section E: Principles of granting access to public information
§1. In order to ensure democracy, to enable public interest to be met and to enable all persons to exercise their rights and freedoms and perform their obligations, holders of information are required to ensure access to the information in their possession under the conditions and pursuant to the procedure provided by law.
§2. Access to information shall be ensured for every person in the quickest and easiest manner possible.
§3. Upon granting access to information, the inviolability of the private life of persons and protection of copyright shall be ensured.
§4. Access to information shall be granted without charge unless payment for the direct expenses relating to the release of the information is prescribed by law.
§5. A holder of information must publish the conditions for accessing the information and the amount to be charged for access and, if a person making a request for information so requires, provide explanations concerning the cost-orientation of the charges.
§6. The conditions for access shall not be unnecessarily restrictive or detrimental to competition.

[RT I, 19.12.2012, 2 - entry into force 29.12.2012]

§7. If a holder of information uses the information as input for activities falling outside the scope of the public duties, the same charge and other conditions shall apply upon supplying the holder with the information as apply to other applicants, thus ensuring equal treatment.
§8. Every person has the right to contest a restriction on access to information if such restriction violates the rights or freedoms of the person.
Section F: Holders of information
§1. The following are holders of information:
a. state and local government agencies;
b. legal persons in public law;
c. legal persons in private law and natural persons under the conditions provided for in subsection (2) of this section.
§2. The obligations of holders of information extend to legal persons in private law and natural persons if the persons perform public duties pursuant to law, administrative legislation or contracts, including the provision of educational, health care, social or other public services, – with regard to information concerning the performance of their duties.
§3. The following are deemed to be equal to holders of information:
a. undertakings which have a dominant position in the market or special or exclusive rights or which are natural monopolies – with regard to information concerning the conditions and prices of the supply of goods and services and changes thereto;
b. sole proprietors, non-profit associations, foundations and companies – with regard to information concerning the use of funds allocated from the state or a local government budget for the performance of public duties or as support.
Section G: Request for information
 A request for information is a request to obtain information submitted, pursuant to the procedure provided for in this Act, to a holder of information by a person making a request for information.
Section H: Person making request for information
 Each person who submits a request for information to a holder of information pursuant to the procedure provided for in this Act is a person making a request for information.
Section I: Access to information
§1. Access to information shall be granted by a holder of information by:
a. complying with a request for information;
b. disclosing information.
§2. Disclosure of information is the grant of access to information by a holder of information pursuant to the procedure provided by law, without a person being required to make a request for information.
§3. Access to information also includes the right to re-use that information.

V.II - ORGANISATION OF ACCESS TO INFORMATION

Section A: Obligations of holders of information
§1. Holders of information are required to grant access to information in their possession pursuant to the procedure provided by law.
§2. Upon granting access to information, a holder of information is required:
a. to ensure access to the documents which the person making a request for information requests access to if the person making the request for information has the right to access the information;
b. to keep an account of documents in the possession thereof;
c. to disclose information subject to disclosure pursuant to the procedure provided by law;
d. to provide information to the public regularly on the performance of public duties;
e. to assist persons making requests for information;
f. to inform persons making requests for information of any valid restrictions on access to documents;
g. to ensure compliance with restrictions on access to information;
h. not to submit knowingly misleading, inaccurate or incorrect information and, in the case of doubt, is required to verify the correctness and accuracy of the information released.
Section B: Organisation of access to information by holders of information
§1. The head of a holder of information or a holder of information who is a natural person is responsible for the organisation, by the holder of information and pursuant to law, of access to information.
§2. A holder of information may, using records management procedures or other documents, designate the structural units and officials or employees responsible for complying with requests for information and disclosing information, and the procedure for the internal processing of requests for information or of information subject to disclosure.
§3. If a holder of information does not establish the competence of officials or employees in complying with requests for information, each official or employee to whom a request for information is assigned for it to be complied with or to whom a request for information is submitted is responsible for complying with the request for information in a manner which meets the requirements.
§4. The head of a holder of information is responsible for the proper disclosure of information in a manner which meets the requirements unless organisation of the disclosure of information is assigned to another person by legislation.
Section C: Document register of agency
§1. The document register of an agency is a digital database which is maintained by a state or local government agency or a legal person in public law in order to register documents received by the agency and prepared in the agency and to ensure access thereto.
§2. The Government of the Republic may establish requirements for document registers.
Section D: Requirements for document registers
§1. The following shall be registered in a document register:
a. documents received by the agency and documents released by the agency, not later than on the working day following the day on which the documents are received or released;
b. legislation prepared and signed in the agency, on the date of signature thereof or the working day after such date;
c. contracts entered into on the working day after the date of signature thereof.
§2. Accounting documents need not be entered in a document register.

[RT I 2007, 12, 66 - entry into force 01.01.2008]

§3. At least the following information concerning received and released documents shall be entered in a document register:
a. from whom the documents are received or to whom they are released;
b. the date of receipt or release;
c. the manner in which the documents are received or released (by electronic mail, post, fax, courier or delivered in person);
d. requisite information on the documents;
e. the type of documents (petitions, memoranda, decisions, requests for information, letters, etc.);
f. restrictions on access to the documents.
§4. The term arising from law for processing or responding, the name of the structural unit responsible for the preparation of a response or the organisation of processing and the name of the official or employee who prepares the response shall also be entered in a document register concerning received documents and documents which need to be processed or responded to.
§5. Access shall be granted through the document register to electronic documents registered in a document register and contained in the document management system of the agency, unless access to such documents is restricted and except for documents which are published in the Riigi Teataja.

[RT I 2007, 12, 66 - entry into force 01.01.2008, access to documents registered in a document register and contained in the document management system of the agency, access to which is not restricted, shall be granted by registrars of the document register by January 1, 2009 at the latest]

§6. The registrars of document registers shall grant access to the document registers, shall create indexes and instructions in order to facilitate the finding of documents and ensure finding of documents by a full text search using a computer search system based on the data specified in subsection (3) of this section, access to documents registered in a document register and contained in the document management system of the agency, access to which is not restricted, shall be granted by registrars of the document register by January 1, 2009 at the latest]

V.III - GRANT OF ACCESS TO INFORMATION ON BASIS OF REQUESTS FOR INFORMATION Part 1 - Making Requests for Information and Acceptance of Requests for Information for Processing

Section A: Manners of making requests for information
 A person making a request for information shall make the request for information to a holder of information either:
§1. orally, addressing a holder of information directly or by telephone, or
§2. in writing, delivering a request for information personally or communicating it by post, fax or electronic mail.
Section B: Requirements applicable to requests for information
§1. A request for information shall set out the following information orally or in writing:
1) the given name and surname of the person making the request for information;
2) the name of the legal person or agency in the case of a request for information made on behalf of an agency or legal person;
3) the contact details of the person making the request for information (postal or electronic mail address, or fax or telephone number), through which the holder of information could release the information or contact the person making the request for information;
4) the content of the information or the type, name and content of the document requested, or the requisite information on the document known to the person making the request for information;
5) the manner of complying with the request for information.
§2. If a person requests information which contains restricted personal data concerning him or her or third persons, the holder of information shall identify the person making the request for information. If a person requests restricted private personal data concerning a third person, he or she shall inform the holder of information of the basis and purpose of accessing the information.
§3. A holder of information has the right to request submission of a request for information in writing if the person making the request for information is not satisfied with the information provided orally.
§4. A person making a request for information shall not request access to information for personal purposes under the pretext of the performance of functions or duties or using his or her official position.
Section C: Obligation of holders of information to assist persons making requests for information
§1. Holders of information are required to clearly explain the procedure for and the conditions and methods of access to information to persons making requests for information.
§2. Officials or employees of holders of information are required to assist persons making requests for information in every way during the making of requests for information and the identification of the information necessary for the persons making requests for information, the location of the information and the most suitable methods of access thereto.
§3. An official or employee of a holder of information who is not competent to comply with a request for information is required promptly to send the person making the request for information to an official or employee who has the corresponding competence, or promptly to communicate the request for information in writing to the specified official or employee.
§4. If a request for information does not indicate the method or the information which the person making the request for information is requesting, the holder of information shall promptly contact the person making the request for information in order to specify the request for information.
Section D: Registration of requests for information
§1. A holder of information shall register a request for information on the date of receipt thereof or not later than on the working day following receipt.
§2. Information specified in subsection 14 (1) of this Act which is submitted by a person making a request for information and information concerning an employee or structural unit responsible for complying with the request for information and the due date for complying with the request for information shall be entered in the document register of a holder of information provided for in § 11 of this Act.
§3. A request for information need not be registered if:
a. it is anonymous;
b. it is made orally or electronically and is promptly complied with.

Part 2 - Compliance with Requests for Information and Refusal to Comply with Requests for Information

Section A: Manner of compliance with requests for information
§1. A holder of information shall comply with a request for information in the manner requested by the person making the request for information and shall release the information:
a. digitally to a transferable data medium or to an electronic mail address set out in the request for information;
b. as a copy or transcript of the document on paper either directly to the person making the request for information or to his or her postal address;
c. by fax;
d. orally;
e. for access at the holder of information;
f. in any other manner, taking into account the type of medium.
§2. A holder of information may refuse to comply with a request for information in a desired manner if:
a. there are no technical means therefor;
b. the type of medium does not enable compliance;
c. oral communication of the information would excessively hinder performance of the main duties of the holder of information due to the time this would take.
§3. At the request of a person making a request for information, a holder of information shall release copies of documents on paper if the type of medium and the contact details of the person making the request for information enable this and if the information has not been disclosed.
§4. At the request of a person making a request for information, a holder of information shall release information (including disclosed information) together with official confirmation if such confirmation is necessary in order to use the rights and freedoms and perform the obligations of the person making the request for information.
§5. Information shall be released orally only if:
a. information is requested concerning the processing of a petition, memorandum or other request submitted by the person making the request for information;
b. information is requested on whether information requested by the person making the request for information is in the possession of the holder of information.
§6. Upon compliance with a request for information orally, the person who complies with the request for information is not required to read documents aloud.
§7. In the cases provided for in subsection (2) of this section, a holder of information shall choose a suitable manner to comply with a request for information and shall, if possible, consult with the person making the request for information before complying with the request for information.
§8. If a request for information does not specify the manner for compliance requested by the person making the request for information and if it is not possible to specify the manner for compliance in consultation with the person making the request for information within the term prescribed for compliance with the request for information, the request for information shall be complied with on the basis of the details indicated therein in a manner chosen by the holder of information, and the holder of information shall, if possible, prefer the manner in which the request for information was made.
Section B: Terms for compliance with requests for information and calculation of terms for processing
§1. A request for information shall be complied with promptly, but not later than within five working days.
§2. If a request for information cannot be complied with due to the insufficiency of the information submitted by the person making the request for information, the holder of information shall notify the person making the request for information thereof within five working days in order to specify the request for information.
§3. The terms for processing requests for information provided for in this Act shall be calculated as of the working day following registration of the requests for information.
Section C: Extension of terms for compliance with requests for information
 If a holder of information needs to specify a request for information or if identification of the information is time-consuming, the holder of information may extend the term for compliance with the request for information for up to fifteen working days. The holder of information shall notify the person making the request for information of extension of the term together with the reasons therefor within five working days.
Section D: Deeming requests for information to have been complied with
 A request for information is deemed to have been complied with by the holder of information who receives the request for information if:
§1. information is communicated to the person making the request for information in a manner provided by law;
§2. the request for information is forwarded according to competence and the person making the request for information is notified thereof;
§3. the possibility of accessing disclosed information is explained to the person making the request for information.
Section E: Forwarding of requests for information according to competence
§1. If a holder of information does not possess the requested information, the holder of information shall ascertain the competent holder of information and forward the request for information promptly thereto, but not later than within five working days, and shall notify the person making the request for information thereof at the same time.
§2. It is permitted to refuse to forward a request for information made by telephone if the person making the request for information is informed of to whom the person should turn with the request for information.
§3. A holder of information who is a legal person in private law or a natural person may refuse to forward a request for information and shall in this case notify the person making the request for information promptly thereof, but not later than within five working days.
Section F: Directing to disclosed information
 If requested information has been disclosed pursuant to the procedure provided for in this or any other Act, the holder of information may promptly, but not later than within five working days, notify the person making the request for information thereof without releasing the information and shall in this case provide the person making the request with information concerning the method and place of access to the requested information, except in the case provided for in subsection 17 (4) of this Act.
Section G: Refusal to comply with requests for information
§1. A holder of information shall refuse to comply with a request for information if:
a. restrictions on access apply to the requested information and the person making the request for information does not have the right to access the requested information;
b. the holder of information does not possess the requested information, does not know who possesses it, and is unable to identify the holder of the requested information;
c. compliance with the request for information is impossible because it is not evident from specification of the request for information which information the person making the request for information is requesting;
d. the person making the request for information has not paid the state fee or has not paid the expenses relating to compliance with the request for information if the state fee or other fee is prescribed by law and the holder of information has not withdrawn the claim for expenses incurred to be covered.
§2. A holder of information may refuse to comply with a request for information if:
a. the requested information has already been released to the person making the request for information and the person does not justify the need to obtain the information for a second time;
b. information requested from a natural person or a legal person in private law does not concern the performance of public duties;
c. compliance with the request for information would require a change in the organisation of work of the holder of information, hinder the performance of public duties imposed thereon or require unnecessarily disproportionate expenses due to the large volume of requested information;
d. the request for information cannot be complied with by a single release of information;
e. in order to comply with the request for information, information would have to be additionally systematised and analysed and new information would have to be documented on the basis thereof. Such request for information is deemed to be a request for explanation and shall be responded to pursuant to the procedure prescribed in the Response to Memoranda and Requests for Explanations Act;
f. a court has established that the active legal capacity of the person making the request for information is restricted;
g. there are no contact details concerning the person making the request for information.
§3. The holder of information shall notify the person making the request for information of refusal to comply with the request for information and the reason for such refusal within five working days.

Part 3 - Expenses Relating to Compliance with Requests for Information

Section A: Covering expenses relating to compliance with requests for information
§1. A holder of information shall cover the expenses relating to compliance with requests for information unless otherwise prescribed by law.
§2. A person making a request for information shall pay up to 0.19 euros per page for printouts and copies on paper starting from the twenty-first page, unless a state fee for the release of information is prescribed by law.
§3. Holders of information shall cover the expenses relating to compliance with requests for information made by state or local government agencies.
§4. Any income received for supplying information for re-use must not exceed the cost of supplying that information for re-use, to which a reasonable depreciation cost may be added which is intended to ensure the sustainability of the service.
Section B: Exemption from covering expenses
 A holder of information may exempt a person making a request for information from covering expenses provided for in subsection 25 (2) of this Act if:
§1. collection of the expenses is economically inefficient;
§2. the person making the request for information needs the information for research work;
§3. the person making the request for information needs the information in order to exercise the rights and freedoms of the person or to perform obligations and if the person making the request does not have the financial capacity to cover the expenses.
Section C: Procedure for covering expenses
§1. A person making a request for information shall pay the holder of information before the information is released.
§2. The state fee for the release of information or a document shall be paid before the release of the information according to the rate provided by the State Fees Act.
§3. A holder of information is required to issue a receipt concerning the received amounts to the person making a request for information.


IV.IV - DISCLOSURE OF INFORMATION Part 1- Information Subject to Disclosure

Section A: Obligation of holder of information to disclose information A holder of information is required to disclose the following existing information relating to the duties thereof:
§1. generalised economic statistics and economic forecasts of the state and local governments;
§2. generalised statistics relating to crime and misdemeanours;
§3. statutes of state or local government agencies and their structural units;
§4. formats of petitions and other documents submitted to state and local government agencies and instructions for the completion thereof;
§5. job descriptions of state and local government officials;
§6. composition of state and local government agencies, and the given names, surnames, education, areas of specialisation, telephone numbers and electronic mail addresses of officials filling the positions prescribed in such agencies;
§7. information concerning danger to the life, health and property of persons;
§8. reports on work results and the performance of duties in state and local government agencies;
§9. names and electronic mail addresses of members of the supervisory boards and management boards of legal persons in public law;
§10. management reports and income and expense statements of legal persons in public law;
§11. budgets and draft budgets of state agencies, local governments and local government agencies, and reports on the implementation thereof;
§12. information concerning the receipt of state budget revenue;
§13. information concerning the state of the environment, environmental damage and dangerous environmental impact;
§14. precepts or decisions relating to state supervision or supervisory control as of the entry into force thereof;
§15. draft Acts prepared by ministries and draft regulations of the Government of the Republic, together with explanatory memoranda, when such drafts are sent for approval or presentation to the Government of the Republic;
§16. draft regulations of ministers and local governments together with explanatory memoranda before such drafts are submitted for passage;
§17. draft concepts, development plans, programmes and other projects of general importance before such drafts are submitted to the competent bodies for approval, and the corresponding approved or adopted documents;
§18. research or analyses ordered by the state or local government agencies;
§19. information concerning unfilled positions in state or local government agencies;
§20. information concerning public procurements which are being organised or have been organised by the state or local governments;
§21. information concerning the use of assets and budgetary funds which the state or a local government has transferred to legal persons in private law founded by the state or local government or with the participation thereof;
§22. programmes of public events;
§23. changes in the work and duties of state and local government agencies which are related to services provided for persons, not later than ten days before implementation of the changes;
§24. information concerning the consultation hours of heads of state and local government agencies;
§25. salaries of officials of state and local government agencies and other income related to their functions, and salary guides of agencies pursuant to the procedure provided for in the Public Service Act;
§26. information concerning the price formation of companies which have a dominant position in the market or special or exclusive rights or which are natural monopolies;
§27. information concerning the provision of public services and concerning changes in the conditions and price of the provision of the service before implementation of such changes;
§28. lists of the members of political parties;
§29. court decisions entered into force with restrictions arising from law;
§30. data contained in databases, access to which is not restricted;
§31. the document register of the agency; the purpose, scope and method of processing personal data, the communication of personal data to third persons, including other agencies, and the making of personal data available to the public, and the right of and procedure for a person to examine data concerning themselves;
§32. other information and documents concerning which the obligation to disclose is provided by an international agreement, an Act or legislation passed on the basis thereof or which the holder of information deems necessary to disclose.
Section B: Upon the disclosure of information, the person who documents the disclosed information, the time the disclosed information is documented, the act (establishment, approval, registration or other official act) with which the disclosed information is documented, and the person from whom explanations concerning the disclosed information can be obtained shall be set out.
Section C: Manners of disclosure of information
§1. The holders of information specified in § 31 of this Act shall disclose the information specified in subsection 28 (1) of this Act on a website, or shall add a link to a webpage through which the information can be accessed.
§2. In addition to a website, information specified in subsection 28 (1) of this Act may be disclosed:
a. in television or radio programmes or in the printed press;
b. by displaying the document for public examination in a local government agency or public library;
c. in an official publication;
d. in any other manner prescribed by an Act or legislation passed on the basis thereof.
§3. The information specified in subsection 28 (1) of this Act must be disclosed in an up-to-date version and in such a manner and format that it can be downloaded in electronically processable form. If conversion of the information into electronically processable form is impossible or would involve disproportionate effort, the holder of the information shall ensure that it can be downloaded in its original format or in any other format.
§4. The information specified in clause 28 (1) 30) of this Act must be disclosed in electronically processable form and must be downloadable from the information gateway as a full set of data.
Section D: Selecting manner of disclosure of information
§1. A holder of information is required to disclose information in a manner which ensures that it reaches every person who needs the information as quickly as possible. A holder of information is not required to carry out further systematisation or analysis of information for the information to be disclosed for the purposes of re-use if this would involve disproportionate effort.
§2. If the manner of disclosure of information is prescribed by a specific Act or an international agreement, the manner provided for in the specific Act or international agreement shall be used upon the disclosure of the information and information shall also be disclosed on a website if such obligation arises from § 31 of this Act.
§3. A holder of information is required to disclose promptly any information concerning danger which threatens the life, health or property of persons or the environment, and shall select the quickest and most suitable manner therefor in order to avert danger and alleviate the possible consequences.
§4. State and local government agencies are required to communicate information concerning events and facts and which is in their possession to providers of media services and the printed press for disclosure if public interest can be expected.

Part 2 - Disclosure of Information in Public Data Communication Network

Section A: Obligation to maintain website
§1. The Chancellery of the Riigikogu, the Office of the President of the Republic, the Office of the Chancellor of Justice, the National Audit Office, courts, government agencies and legal persons in public law are required to maintain websites for the disclosure of information.
§2. A city or rural municipality government shall organise the maintenance of a website in order to provide details of the activities of the bodies and agencies of the city or rural municipality and to disclose information in the possession thereof. On the basis of a contract, city and rural municipality governments may organise the maintenance of a joint website.
§3. The State Chancellery, ministries and county governments are required to take measures for the maintenance of websites by state agencies administered by them.
Section B: Requirements for maintenance of websites by state and local government agencies
§1. An agency which maintains a website shall:
a. inform the public of the opportunity to access the website by disclosing data communication addresses and changes thereto;
b. publish topical information on the website;
c. not disclose outdated, inaccurate or misleading information on the website;
d. promptly apply measures in order to remove any technical problems which hinder access to the website;
§2. On its website, a holder of information shall set out the date of disclosure of each document and when information on the website is updated.
§3. It shall be possible to access directly the websites of agencies administered by the State Chancellery, ministries or county governments from the websites of the State Chancellery, ministries or county governments.
Section C: Estonian information gateway
§1. The Estonian information gateway is a website allowing access to public information related to the fields of activities of holders of information and the public services provided by them, and allowing access to public electronic services and to reusable information.
§2. Administration and development of the Estonian information gateway shall be ensured by the Ministry of Economic Affairs and Communications.
§3. The administrator of the Estonian information gateway in co-operation with holders of information shall ensure the presentation of information in the information gateway organised in a user-centric manner.
§4. The holder of information shall ensure the relevance and clarity of the information related to the holder of information presented in the Estonian information gateway, and shall ensure that this information is forwarded.
§5. The Government of the Republic may establish, by a regulation, the requirements and procedure for the administration of the Estonian information gateway, for ensuring access to, developing and using the information therein and for interfacing databases with the Estonian information gateway.]
Section D: Access to data communication network
 Every person shall be afforded the opportunity to have free access to public information through the Internet in public libraries, pursuant to the procedure provided for in the Public Libraries Act.

IV.V - RESTRICTED INFORMATION

Section A: Restricted information
§1. Restricted information is information to which access is restricted pursuant to the procedure established by law.
§2. Pursuant to this Act, the head of an agency may establish a restriction on access to information and classify information as information intended for internal use.
Section B: Grounds for classification of information as internal
§1. A holder of information is required to classify the following as information intended for internal use:
a. information collected in criminal or misdemeanour proceedings, except for the information subject to disclosure under the conditions provided by the Code of Misdemeanour Procedure and the Code of Criminal Procedure;
b. information collected in the course of state supervision proceedings until the entry into force of a decision made thereon;
c.information the disclosure of which would damage the foreign relations of the state;
d. information concerning tables reflecting the armament and equipment, and the quantities of armament and equipment of the Defence Forces, unless such information is a state secret or classified foreign information;
e. information concerning the state assets to be transferred, in the event of mobilisation or increasing of military preparedness, into the possession of the Defence Forces;
f. information concerning the methods and tactics utilised by the Police in its activities, if the disclosure of such information could hinder detection of criminal offences or facilitate committing thereof;
g. information concerning the quantity of armament of the Police, unless such information is a state secret or classified foreign information;
h. information concerning national defence duty;
i. information the disclosure of which would endanger objects protected under heritage conservation or museum objects belonging to a museum collection;
j. information the disclosure of which would endanger the protected areas or the preservation of protected species and their habitats;
k.information including a description of security systems, security organisations or security measures;
l. information on technological solutions if disclosure of such information would damage the interests of the holder of information or if classification of such information as internal is prescribed in a contract entered into with a person in private law;
m. information which contains sensitive personal data;
n.information which contains personal data if enabling access to such information significantly breaches the inviolability of private life of the data subject;
o. information which contains data revealing details of family life;
p. information concerning application for social assistance or social services;
q. information revealing mental or physical suffering endured by a person;
r. data collected on a person during the process of taxation, except data concerning tax arrears;
s. information whose disclosure may violate a business secret;
t. reports of an internal audit before approval thereof by the head of the agency;
u. the risk assessment of vitally important services and information concerning the operational continuity plan;
v. any other information provided by law.
§2. The head of a state or local government agency or a legal person in public law may classify the following as information intended for internal use:
a. draft legislation of general application before it is sent for approval or submitted for passage;
b. draft documents and accompanying documents before receipt or signature thereof;
c. in justified cases, documents addressed to persons within the agency which are not registered in the document register (opinions, notices, memoranda, certificates, advice, etc.);
d. information which may damage the interests of the state acting as a participant in the proceedings in a civil proceeding, until the court decision is made.
Section C: Prohibition on classification of information as internal
§1. A holder of information who is a state or local government agency or a legal person in public law shall not classify the following as information intended for internal use:
a. results of public opinion polls;
b. generalised statistical surveys;
c. economic and social forecasts;
d. notices concerning the state of the environment and emissions;
e. reports on the work or the work-related success of the holder of information and information on the quality of the performance of duties and on managerial errors;
f. information which damages the reputation of a state or local government official, a legal person in private law performing public duties or a natural person, except sensitive personal data or personal data whose disclosure would breach the inviolability of the private life of the data subject;
g. information on the quality of goods and services arising from protection of the interests of consumers;
h. results of research or analyses conducted by the state or local governments or ordered thereby, unless disclosure of such information would endanger national defence or national security;
i. documents concerning the use of budgetary funds of the state, local governments or legal persons in public law and remuneration and compensation paid from the budget;
j. information concerning the proprietary obligations of the holder of information;
k. information on the property of the holder of information;
l. precepts which have entered into force and legislation which is issued by way of state supervision or supervisory control or under disciplinary procedure and information relating to punishments in force.
§2. The prohibition provided for in subsection (1) of this section also applies to:
a. non-profit associations, foundations or companies which are founded by the state, local governments or legal persons in public law or in which the state, local governments or legal persons in public law participate;
b. information pertaining to the use of funds allocated and assets transferred to legal persons in private law from the state or a local government budget.
Section D: Access to information classified as internal only
§1. A holder of information shall disclose information concerning facts which arouse public interest and which are related to an offence or accident before the final clarification of the circumstances of the offence or accident to an extent which does not hinder the investigation or supervision or clarification of the reasons for the accident. The competent official who organises the investigation or supervision or who clarifies the circumstances of the accident shall decide on the extent of disclosure of such information.
§2. If the grant of access to information may cause the disclosure of restricted information, it shall be ensured that only the part of the information or document to which restrictions on access do not apply may be accessed.
§3. State and local government officials have the right to access information which is classified as information intended for internal use in order to perform their duties. Such information shall not be communicated to third persons without the permission of the agency which establishes the restriction on access.
§4. The head of an agency may decide to grant access to information classified as internal to persons outside the agency if this does not damage the interests of the state or a local government.
Section E: Access to information which contains personal data
§1. A holder of information shall grant access to personal data in its possession upon the existence of a basis provided for in the Personal Data Protection Act pursuant to the procedure provided for in this Act.
§2. A holder of information is required to maintain records concerning to whom, for what purpose, when, in which manner and which information classified as internal which contains personal data is released.
Section F: Terms of restrictions on access
§1. A restriction on access to information intended for internal use applies as of the preparation or receipt of the documents for as long as necessary or until the arrival of the event, but not for longer than five years. The head of an agency may extend the term by up to five years if the reason for establishment of the restriction on access continues to exist.
§2. A restriction on access to documents pertaining to state supervision, supervisory control and preparation of individual decisions of executive power applies until adoption of a decision unless another reason to restrict access to the information exists.
§3. A restriction on access to information classified as internal which contains private personal data applies for 75 years as of the receipt or documentation thereof or for 30 years as of the death of the person or, if it is impossible to establish death, for 110 years as of the birth of the person.
Section G: Procedure for classification of information as internal
§1. Information shall be classified as information intended for internal use by the head of the agency.
§2. The head of an agency shall establish, in the list of documents, the series containing documents to which access may be restricted, and indicate the basis therefor provided by this Act or another Act. Establishment of restriction on access to specific documents shall be decided by the head of the agency or, pursuant to the list of documents established by the head of the agency, by a competent employee appointed by the head of the agency, based on the content of the document and the goal of the restriction on access.
§3. The person who prepares a document classified as information intended for internal use shall make a notation “ ASUTUSESISESEKS KASUTAMISEKS ” [“FOR INTERNAL USE”] in capital letters on the document or file of documents, if the medium enables this, or use the corresponding abbreviation AK. The name of the holder of information, the basis of the restriction on access, the final date for application of the restriction on access and the date on which the notation is made shall be added to the notation.
§4. A notation shall not be made on documents bearing a notation concerning restriction on access forwarded by other states or international organisations which, pursuant to the State Secrets and Classified Information of Foreign States Act is not deemed to be classified foreign information, except for the invalidation of such restriction if the reason for the restriction on access has ceased to exist.
§5. A holder of information who classifies information as internal shall promptly notify the holders of information to whom such information has been forwarded of its classification as internal.
Section G: Invalidation of restriction on access
§1. A holder of information is required to invalidate a restriction on access if the reasons for establishment thereof cease to exist.
§2. If a restriction on access to a document is invalidated, a corresponding notation shall be made on the document.
§3. A holder of information shall promptly give notice concerning the invalidation of restriction on access to the holders of information to whom such information has been forwarded.
Section H: Protection of internal information
§1. A holder of information shall apply administrative and technical measures to ensure that information to which a restriction on access applies cannot be accessed by persons who do not have the right of access.
§2. If a restriction on access applies to a document prepared on a computer, the person who prepares the document shall verify that measures have been taken in the agency for the secure processing of data in order to restrict access.

Chapter IV.VI - DATABASES

Section A: Database
§1. A database is a structured body of data processed within an information system of the state, local government or other person in public law or person in private law performing public duties which is established and used for the performance of functions provided in an Act, legislation issued on the basis thereof or an international agreement.
§2. A structured body of data processed within a database may consist exclusively of unique data contained in other databases.
Section B: State information system
§1. The state information system consists of databases which are interfaced with the data exchange layer of the state information system and registered in the administration system of the state information system, and of the systems supporting the maintenance of the databases.
§2. The Minister of Economic Affairs and Communications may establish, by a regulation, the procedure for the conduct of the information technology audit of the state information system, and the requirements for the initiation and implementation of and reporting on development projects relating to the state information system.
Section B: Establishment of databases
§1. A database is established by an Act or legislation issued on the basis thereof.
§2. Establishment of separate databases for the collection of the same data is prohibited.
§3. Before the establishment of a database or changing the composition of the data collected in a database, introducing a database or terminating a database, the technical documentation of the database shall be approved by the Estonian Information System's Authority, the Data Protection Inspectorate and the Statistics Estonia.

[RT I, 21.05.2014, 2 - entry into force 31.05.2014]

§4. A database not belonging to the state information system which is kept only for fulfilling internal administration needs of an organisation or for inter-agency processing of documents need not be approved pursuant to the procedure provided in subsection (3) of this section.
§5. The specific conditions and procedure for obtaining the approval of the Estonian Information System's Authority and the Data Protection Inspectorate and, where necessary, also the technical and organisational requirements for establishment and maintenance of databases shall be provided by the regulation establishing the support system specified in clause 439 (1) 6) of this Act.

[RT I, 21.05.2014, 2 - entry into force 31.05.2014]

Section C: Chief and authorised processors of database
§1. The chief processor (administrator) of a database is the state or local government agency, other legal person in public law or person in private law performing public duties who organises the introduction of the database and the administration of services and data. The chief processor of a database is responsible for the legality of the administration of the database and for developing the database.
§2. The chief processor of a database may authorise, within the extent determined by the chief processor, another state or local government agency, legal person in public law or, based on a procurement contract or a contract under public law, a person in private law to perform the tasks of processing of data and housing of the database.
§3. An authorised processor is required to comply with the instructions of the chief processor in the processing of data and housing of the database, and shall ensure the security of the database.
§4. The chief processor of a database shall organise the establishment and administration of the central technological environment of a database established for the performance of the tasks imposed on or delegated to a local government by the state.
§5. Statutes of database
a. The statutes of a database shall provide the procedure for maintaining the database, including the chief processor (administrator) of the database, the composition of the data to be collected in the database, persons submitting data and where necessary, also other organisational matters related to the keeping of the database.
b. The persons submitting data shall be state or local government agencies or other persons in public or private law who have a duty provided by an Act or legislation issued on the basis thereof to submit data to the database or who submit the data voluntarily.
Section C: Basic data and effect of data
§1. Basic data are the unique data collected in a database belonging to the state information system which are created in the process of performance of the public duties of the administrator of the database.
§2. The processing of data which are collected as basic data by another database belonging to the state information system shall be based on the basic data of the other database.
§3. Whether data are basic data shall be determined in the administration system of the state information system based on the technical documentation approved pursuant to subsection 433 (3) of this Act. The objective for establishing the database shall be the basis for determination whether data are basic data.
§4. Data are given legal effect by law.
Section D: Registration of database
§1. A database shall be registered in the administration system of the state information system before the introduction of the database. The procedure for registration of databases shall be provided by the regulation establishing the support system specified in clause 439 (1) 6) of this Act.
§2. Before a database belonging to the state information system is registered, an official or employee of the Estonian Information System's Authority who has appropriate competence shall check and harmonise the technical conformity of the database, and the conformity of the data to be collected and the sources thereof with the requirements established by law or legislation issued on the basis thereof.
Section E: Access to databases
§1. The data processed by a database shall be accessible to the public unless access thereto is restricted by or on the basis of law.
§2. In recording data relating to security authorities in state databases, shadow information may be used based on a classified directive of the head of the security authority.
Section E: Support systems to state information system
§1. The following support systems for the maintenance of databases shall be established by a Regulation of the Government of the Republic:
a. the classifications system;
b. the geodetic system;
c. the system of address details;
d. the system of security measures for information systems;
e. the data exchange layer of information systems;
f. the administration system of the state information system.
§2. The Government of the Republic may grant the right to establish the support systems specified in subsection (1) of this section and the procedure for application of such systems to the relevant minister.
§3. Use of support systems for the maintenance of the state information system is mandatory upon maintenance of all state and local government databases. The support systems specified in clauses (1) 1), 2), 4) and 6) of this section are mandatory for the maintenance of the database specified in subsection 433 (4) of this Act.
§4. An exception to the requirement to use systems supporting the state information system may be made, with the approval of the Ministry of Economic Affairs and Communications, concerning a database founded for the performance of the duties arising from an international agreement.
§5. Exchange of data with the databases belonging to the state information system and between the databases belonging to the state information system shall be carried out through the data exchange layer of the state information system.

IV.VII - SUPERVISION

Section A:Supervision over compliance with this Act
 Supervision over compliance with this Act and legislation established on the basis thereof shall be exercised by:
§1. the Data Protection Inspectorate;
§2. the Estonian Information System's Authority.
Section B: Supervisory competence of Data Protection Inspectorate
§1. The Data Protection Inspectorate shall exercise state and administrative supervision over holders of information during compliance with requests for information and the disclosure of information.
§2. The Data Protection Inspectorate may initiate supervision proceedings on the basis of a challenge or on its own initiative.
§3. Upon the exercise of supervision, the Data Protection Inspectorate shall ascertain whether:
a. a request for information is registered pursuant to the procedure prescribed by law;
b. a request for information is complied with pursuant to the procedure, within the term and in a manner prescribed by law;
c. refusal to comply with a particular request for information is in accordance with law;
d. a restriction on access to particular information is established pursuant to the procedure provided by law;
e. a holder of information performs the obligation to disclose information;
f. a holder of information performs the obligation to maintain a website pursuant to the procedure provided by law.
§4. The Data Protection Inspectorate may give recommended instructions for the implementation of this Act.
Section C: Filing of challenges and actions concerning refusal to comply with request for information or unsatisfactory compliance with request for information
 A person whose rights provided for in this Act are violated may file a challenge with a supervisory body specified in of this Act or an action with an administrative court either personally or through a representative.
Section D: Exercise of state supervision
 In order to exercise state supervision provided for in this Act, the Data Protection Inspectorate may apply the specific state supervision measure provided for in §§ 30, 32, 49, 50 and 51 of the Law Enforcement Act on the basis of and pursuant to the procedure provided for in the Law Enforcement Act.
Section E: Precept of Data Protection Inspectorate
§1. The Data Protection Inspectorate may issue a precept which requires a holder of information to bring its activities into accordance with law if the Inspectorate finds that the holder of information:
a. has refused illegally to comply with a request for information;
b. has not responded to a request for information within the prescribed term;
c. has not complied with a request for information as required;
d. has not processed a request for information as required;
e. has failed to disclose information subject to disclosure as required;
f. has not performed the obligation to maintain a website as required;
g. has established restrictions on access to information illegally;
h. has failed to establish restrictions on access to information provided by law;
i. has released information to which restrictions on access are established pursuant to this Act.
Section F: Compliance with precepts of Data Protection Inspectorate
A holder of information shall, within five working days as of receipt of a precept, take measures to comply with the precept and shall notify the Data Protection Inspectorate thereof. The Data Protection Inspectorate shall publish the notice on its website.
Section G: Application of Data Protection Inspectorate for organisation of supervisory control
§1. If a holder of information fails to comply with a precept of the Data Protection Inspectorate and does not contest it in an administrative court, the Data Protection Inspectorate shall initiate misdemeanour proceedings or address a superior body or agency of the holder of information in order for supervisory control to be organised
§2. A body or agency exercising supervisory control is required to review an application within one month as of receipt thereof and notify the Data Protection Inspectorate of the results of supervisory control.
Section H: Supervision by Estonian Information System's Authority
§1. The Estonian Information System's Authority shall exercise administrative and state supervision over compliance of the establishment, introduction and maintenance of databases and compliance of the interfacing of the information system to the data exchange layer of information systems with the requirements provided for in this Act and legislation established on the basis thereof.
§2. Upon exercise of state supervision specifed in subsection (1) this section, the Estonian Information System's Authority may apply the specific state supervision measures provided for in §§ 30, 31, 49, 50, 51 and 52 of the Law Enforcement Act on the basis of and pursuant to the procedure provided for in the Law Enforcement Act.
Section H: Report of Data Protection Inspectorate on compliance with this Act
§1. The Data Protection Inspectorate shall submit a report on compliance, during the preceding year, with this Act to the Constitutional Committee of the Riigikogu and to the Legal Chancellor by 1 April each year.
§2. The report shall contain an overview of offences, the holders of information which committed the offences, challenges, precepts, misdemeanour proceedings initiated, punishments imposed, and other circumstances relating to the implementation of this Act.
§3. Reports shall be published on the website of the Data Protection Inspectorate.

IV.VIII - LIABILITY Violation of requirements for disclosure and release of public information

Section A: Knowing release of incorrect public information or knowing disclosure or release of information intended for internal use or failure to comply with a precept of the Data Protection Inspectorate is punishable by a fine of up to 300 fine units.
Section B: The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to the misdemeanours provided for in this section.
Section C: The Data Protection Inspectorate is the extra-judicial body which conducts proceedings in matters of misdemeanours provided for in this section.

IV.IX - IMPLEMENTING PROVISIONS

Section A: Access to public computer network in public libraries
 The state and local governments shall ensure that there is the opportunity to access public information through the data communication network in public libraries by 2002.
Section B: Commencement of maintenance of website
§1. Ministers within their area of government, and the State Secretary and county governors with respect to state agencies administered thereby shall establish schedules by 1 June 2001 for the transition to websites which comply with the requirements of this Act.
§2. Holders of information specified in § 31 of this Act shall create a website which complies with the requirements of this Act by 1 March 2002 at the latest.
Section C: Bringing of procedure for access to information maintained in state and local government databases into accordance with law
 The Government of the Republic, ministries and local government bodies shall bring legislation regulating the maintenance of databases into accordance with this Act and with the amendments made to the Databases Act by this Act by 1 January 2002.
Section D: Bringing of records management procedures into accordance with this Act
§1. The Government of the Republic shall establish the bases for the records management procedures of state and local government agencies and legal persons in public law by 1 March 2001.
§2. Holders of information shall bring their records management procedures into accordance with this Act by 1 June 2001.
Section E: Application of Chapter 51 of this Act
§1. The statutes for maintaining national registers established in accordance with the Databases Act and the databases maintained on the basis thereof, and other databases of the state and local governments shall be brought into conformity with this Act within six months after the repeal of the Databases Act.
§2. The regulations established on the basis of subsection 439 (1) of this Act may prescribe longer terms for the application of the systems supporting the state information system than the terms specified in subsection (1) of this section.
§3. Databases which are not compatible with the state information system, and databases which duplicate the collection of information of other databases or which collect interrelated data shall be merged, maintenance thereof shall be terminated or they shall be made compatible according to the requirements of Chapter 51 of this Act within six months after the repeal of the Databases Act.
§4. The transfer provided in subsections (1) and (2) shall be coordinated by the Ministry of Economic Affairs and Communications.
§5. A database registered in the national register of databases prior to the entry into force of Chapter 51 of this Act is deemed to be registered in the administration system of the state information system upon entry into force of Chapter 51 of this Act. The administrator of a database shall update the data of the database in the state information system not later than within three months after the entry into force of Chapter 51 of this Act. Upon updating the data of a database, the basic data of the database shall be determined.
§6. The first sentence of subsection (4) of this section does not apply to the databases which are registered in the national register of databases but are not interfaced to the data exchange layer of the state information system.
§7. Databases registered in the national register of databases or which are deemed to be registered therein pursuant to subsection (4) of this section and are interfaced to the data exchange layer of the state information system are deemed to be databases belonging to the state information system.
§8. The contracts for maintenance of databases concluded before the entry into force of Chapter 51 of this Act shall remain valid until the end of the term set forth therein.
§9. The requirements provided in this Act for databases belonging to the state information system shall apply to the Riigi Teataja and the official publication Ametlikud Teadaanded from the establishing of the necessary technical possibilities, but not later than from 1 July 2011.
Section F: Application of provisions regulating the re-use of public information
§1. Holders of information shall bring the information specified in clause 28 (1) 30) of this Act and contained in databases created after the entry into force of this section into accordance with the requirement specified in subsection 29 (4) of this Act.
§2. Every person shall be ensured access free of charge to further unprocessed data contained in databases established after the entry into force of this section.
§3. Every person shall be ensured access free of charge to further unprocessed data contained in databases established prior to the entry into force of this section not later than by 1 January 2015.

Justiciability of the Domaines

1. Administrative appeals process
2. Judicial appeals process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.
G. Continuous adaptation and refinement mechanisms to maintain sphere perpetually fit for purpose
1.
2.
3.

Sphere VI - Electoral, Campaign, and Anti-Corruption Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Electoral Auditor

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere VII - Law of Integrity Standards for Individuals, Privacy, Procurement, Contracts, and Media

Antecedents to the sphere of law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Board of Integrity Standards

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere VIII – Law of the Scottish Presidency

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Administration of the Presidency

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere IX - Law of the Scottish Government

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Presidency

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere X – Law of the Scottish Parliament

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Parliament

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XI - Law of Territorial and Municipal Government Institutions

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Commission for Territorial and Municipal Government Institutions

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XII - Law of the Scottish Judiciary

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Commission for Constitutional Development and Harmonization

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XIII - Law of Scottish Foreign Affairs

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of State


Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XIV - Law of Defence, Security, and Intelligence

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Defence, Security, and Intelligence

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XV - Law of Revenue, Taxation, and Financial Regulation

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Financial Auditor

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XVI - Law of Employment, Housing and Social Benefits, and Business Development

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Employment, Social Benefits, and Business Development

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XVII - Law of the Arts and Sciences

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Foundation for the Arts and Sciences

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XVIII - Law of the Environment and Land Management

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Environment and Land Management Auditor

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XIX - Technology, Industry and Infrastructure Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Technology, Industry and Infrastructure

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XX - Family and Social Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of the Family and Social Cohesion

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XXI - Education Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Education

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XXII - Health and Medical Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Medicine and Social Care

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XXIII - Agriculture and Fisheries Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Agriculture and Fisheries

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XXIV - Transport and Public Services Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Department of Transport and Public Services

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XXV - Civil Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' Rights Within the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Commission for Constitutional Development and Harmonization

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.

Sphere XXVI - Penal Law

Antecedents to the Sphere of Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Object, purpose, and Aims of the Sphere of Law.

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Citizens' rights within the sphere of law.

Section A: Rights of the Victims
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B: Rights of the Accused: The Scottish Judiciary shall be bound to respect the following rights in all civil and criminal cases.
§1. Persons will be deprived of liberty only in accordance with due process.
§2. Every person who is arrested, or detained shall be informed as soon as is possible of the evidence and charges against them.
§3. Every person who is arrested or detained shall be brought before a competent court and tried as soon as possible.
§4. Every person has the right to fair and impartial judicial proceedings.
§5. Trials shall be conducted in public and judgment shall be pronounced publicly. Recordings will be made of all proceedings, with exceptions specified in the CSL.
§6. Every person charged with a criminal offence shall be presumed innocent until proven guilty.
§7. To be rapidly informed of the charges, in a language which he or she understands
§8. To have adequate time, facilities, and resources to prepare a defence, and to privately confer with counsel.
§9. To be defended in person or through a legal practitioner of his or her own choosing.
§10. To financial assistance necessary to secure adequate legal assistance. An adequately staffed and funded public defenders office shall be established, that each lawyer has a reasonable caseload to provide quality counsel.
§11. To have compulsory processes to summon and examine witnesses in his or her favour.
§12. To have all proceedings in court connected with the charge against him or her translated by a competent interpreter into the language which he or she best understands, if that language is not the language of the Court.
§13. Everyone convicted of a criminal offence shall have the right to appeal their conviction to a higher tribunal, on grounds specified in the CSL.
§14. The right to trial by jury shall not be suspended, restricted, or abridged.
§15. No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation or repay a financial debt.
§16.. No person shall be subjected to torture, or to inhuman or degrading treatment or punishment, nor condemned to death or executed.
§17. No person shall be held in slavery or servitude, nor shall any person be required to perform forced or compulsory labour.

Domaines of Law

Domaine I : Institutional Administrative Law for the Scottish Penal Justice System

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.

Domaine II : Applied Law

Section A:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section B:
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Methods, Means, and Resources Allocated for Application of the Domaine of Law
§1.
a.
i.
ii.
b.
i.
ii.
§2.
a.
i.
ii.
b.
i.
ii.
Section : Justiciability of the Domaine of Law
§1.Administrative Appeals Process
a.
i.
ii.
b.
i.
ii.
§2.Judicial Appeals Process
a. Criteria for establishing standing to appeal
i.
ii.
b. Courts with original and appellate jurisdiction
i.
ii.