This means the case, involving think tank Pere Sihtkapital, may pass up to the Tartu-based Supreme Court.

The AKI has argued that the first-tier Harju County Court failed to take a substantive position on the violations when it annulled a €30,000 misdemeanor fine the authority imposed on Pere Sihtkapital last week.

An AKI spokesperson said Thursday that if the Supreme Court agrees to hear the case in cassation, meaning the court does not re-examine the facts of a case and only interprets the relevant law, proceedings will continue there.

The AKI said the court focused on whether a legal entity can be punished where no specific natural person is identified as culpable for the violation. The court found that the wording of Section 14 of the Penal Code was not in line with EU law and that the foundation could not have anticipated being held liable.

For this reason, the court opted to terminate misdemeanor proceedings without assessing the lawfulness of the data processing activities related to the survey, the AKI said.

The AKI noted that misleading claims followed the court's decision as it appeared that Pere Sihtkapital's actions were lawful and that no personal data processing violations occurred. The AKI finds this needs refuting.

AKI lawyer Jaana Sahk-Labi, head of the authority's European cooperation and law section, noted via a press release: "In reality, the court did not assess the substantive compliance of the data processing with the General Data Protection Regulation (GDPR)."

Based on the presumption of innocence, the legal aspect of these claimed data protection violations was essentially not addressed, the AKI is arguing, meaning there is no basis to claim that the court approved the survey.

Since the inspectorate has filed a cassation appeal with the Supreme Court, the decision has not yet entered into force and no final position on the disputed issue has been taken, AKI also stressed in its press release.

In summer 2023, population policy think tank Pere Sihtkapital requested data from the population register, in the name of the University of Tartu. This data concerned Estonian women who had not had children. The number of individuals whose data was requested stretched into the thousands, and the data included personal ID codes, email addresses, and phone numbers. This was sent to the women themselves, via a survey containing what could be regarded as personal and sensitive questions.

The AKI considered this a violation and fined the foundation €30,000. Pere Sihtkapital disagreed with AKI's decision and took things to court.

The AKI stated on Thursday that since a representative of Pere Sihtkapital has expressed a desire to continue the study, previous data protection mistakes must be avoided and all aspects of personal data processing must comply with current law.

Continuing the survey on the same basis would again contravene data protection requirements.

"Public debate must be based on the understanding that the court did not provide a substantive assessment of the data processing nor did it create a basis for continuing the discontinued study in its previous form," Sahk-Labi added.

When designing surveys, creators must rely on clear legal grounds and ensure the protection of participants' rights. Following data protection rules is not merely a bureaucratic formality but is a critical prerequisite for the legitimacy and reliability of research, the AKI emphasized.

The AKI also stressed that all personal data processing – including in scientific research – must be conducted transparently, on a clear legal basis, and with respect for fundamental human rights. The ongoing dispute also concerns whether these principles were upheld in this case.

"Data protection is not an obstacle to researching socially important topics. On the contrary – it provides research activities with clear and ethical frameworks, strengthening trust and ensuring privacy even when the study involves very sensitive personal data," Sahk-Labi went on.

Lawful and transparent studies do not require later court disputes. Following clear rules helps ensure that socially important issues – including declining birth rates – can be studied in a manner which respects human rights and does not damage trust in scientific institutions, the AKI noted in its statement.

The foundation Pere Sihtkapital SA is a population policy think tank established in 2019 at the initiative of politicians from Isamaa, at the time in office nationally.

The survey was conducted by research company RAIT Faktum & Ariko OÜ. The survey focused on the attitudes of childless women and covered sensitive personal data such as income, education, living conditions, sexual "habits," political views, and religious and ideological beliefs.

The AKI initiated supervisory proceedings in connection with the study against the University of Tartu, SA Pere Sihtkapital, and RAIT Faktum & Ariko to verify compliance with the GDPR and the domestic Personal Data Protection Act. Two precepts were issued on the survey, followed by the initiation of a misdemeanor procedure.

Prompted by the incident, the inspectorate also reviewed the broader process of making available data from the population register, and initiated oversight from the Ministry of the Interior. An overview of the results of this oversight has been published on the AKI's website.

In June 2024, the Inspectorate imposed a €30,000 misdemeanor fine on Pere Sihtkapital. The foundation appealed the decision. On May 13, 2025, the Harju County Court annulled the fine and terminated the proceedings. The Inspectorate filed a cassation appeal, and court proceedings continue in the Supreme Court.

The court annulled the AKI's decision to fine Pere Sihtkapital the €30,000.

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