AIG(2025)10
7 November 2025
Council of Europe Access Info Group (AIG)
Council of Europe Convention on Access to Official Documents (CETS No.205)
Thematic monitoring on document management and preservation
Questionnaire to the Parties to the Convention
A. Introduction
The Council of Europe Access Info Group (the AIG) has completed its baseline evaluation of the implementation of the Council of Europe Convention on Access to Official Documents (CETS No.205, the Convention) by 15 Parties. It has also published its opinion on the definition of “official documents” according to Article 1, paragraph 2, sub-paragraph b, of the Convention. The AIG now continues its monitoring of the implementation of the Convention based on Article 11, paragraph 1, of the Convention. With this questionnaire, the AIG will collect information for the purpose of monitoring the issue of document management and preservation.
The efficient management of documents held by public authorities (see definition in Article 1, paragraph 2, sub-paragraph a, of the Convention) and the application of clear and established rules for their preservation ensures that documents are available and easily accessible. The AIG will, therefore, examine based on Article 9, paragraphs c and d, of the Convention, the issue of management and preservation of official documents.
Pursuant to Article 11, paragraph 2, of the Convention, and Rule 30.1 of its Rules of Procedure, the AIG will also invite non-governmental organisations to provide relevant information.
The reply to this questionnaire, along with any supporting documentation, should be submitted in one of the official Council of Europe languages (English or French).
B. Questions
1. How is management, preservation and archiving of documents by public authorities regulated? Please provide an official translation of the relevant regulations in one of the Council of Europe languages (English or French).
Document management, preservation and archiving are regulated by the following legislation and guidelines:
1. Archives Act
◦ Regulates the organisation of records management, appraisal of archival value, transfer of records to archives and destruction of records.
◦ Relevant provisions include, inter alia:
▪ § 6 – Organisation of records management
▪ § 7 – Appraisal of archival value
▪ § 13 – Transfer of records to archives
▪ § 14 – Destruction of records
2. Public Information Act
◦ Regulates access to public information, including obligations to preserve information and ensure accessibility.
◦ Relevant provisions include, inter alia:
▪ § 3 – Definition of public information
▪ § 12 – Access to information
▪ § 43 – Preservation of public information
3. Government of the Republic Regulation “Requirements for Records Management”
◦ Establishes detailed requirements for the creation, registration, classification, storage, preservation and destruction of records, including electronic records.
4. Guidelines and instructions of the National Archives of Estonia
◦ Issued pursuant to the Archives Act and binding on public authorities with regard to appraisal, retention schedules, transfer and destruction procedures.
We organise document management in accordance with the legislation mentioned above, including the Archives Act, the Public Information Act, and the Government of the Republic Regulation ‘Requirements for Records Management’, and follow internal records management procedures that are approved by the institution and aligned with the requirements of the National Archives of Estonia.
2. Are all documents held by a public authority registered? If so, what information about the documents is put on the register? Who is responsible for the registration? At which point does registration take place?
Yes, all documents are registred – subject, date and senders name are mandatory. In some cases information does this document or e-mail need replay or not. Registration does take place at the same moment, when document is delivered and opened. And responsible for the registration is employee, who is responsible deal with the content. For example, an employee who is responsible for lending works in the collections will respond and register the documents provided.
3. Are there any exceptions applied to the requirements for registration of documents based on their content?
We do not do exceptions, we relay only on law and from rules set out.
4. Are there some instructions or policies in place as regards registration of correspondence sent directly to/from a public official?
Documents that are sent on behalf of the institution will be registred. Personal or non-official correspondance is not registred.
5. Are the registers of official documents public?
Yes, registers of official documents are public, but documents that are for internal use have restricted access.
6. Are electronic messages (emails, SMS messages, etc) treated in the same way as physical documents?
No, emails or sms messages are not registred and treated in the same way as physical documents. Exceptions are official emails that are sent on behalf on and institution.
7. Do public authorities use a common system for registering documents, or does each public authority use its own system for registration?
Public authorities does not use common system for registering documents, each public authority uses its own system for registration. There is exception for museum collection registration – museums use same system.
8. What criteria do public authorities apply for storing official documents? For example, in what format and where documents are stored?
Official documents are stored in both electronic and paper formats. Electronic documents are maintained in secure electronic document management systems that comply with technical and security requirements, while paper documents are kept in archive rooms that comply with safety, environmental, and access control requirements as set out in legislation and by the National Archives of Estonia. All documents are organised according to an approved classification scheme and retention schedule, ensuring systematic arrangement, traceability, and accessibility.
9. What criteria do public authorities apply for the retention of documents and what retention periods are applied?
Retention periods are established based on legal obligations arising from legislation, the administrative, operational, and financial needs of the institution, the cultural, historical, and research value of the documents, and their archival value as defined pursuant to the Archives Act. These periods are specified in approved records retention schedules, and depending on their value and legal requirements, documents may be preserved permanently if they have archival value, or retained for fixed periods (e.g., 5, 10, 25 years, or other periods specified by law).
10. What criteria do public authorities apply for transferring documents to archives?
Documents are transferred to archives when they have been appraised as having permanent archival value in accordance with § 7 of the Archives Act, when their active use by the institution has ended and they are no longer required for day-to-day operations, or when the retention period defined in the approved records retention schedule requires transfer. The transfer process is carried out in accordance with the procedural and technical requirements established by the National Archives, ensuring the authenticity, integrity, and accessibility of the documents
11. What criteria do public authorities apply for eliminating/destroying documents?
Documents may be destroyed only when the following criteria are fulfilled: the retention period specified in the approved records retention schedule has expired, the documents have no permanent archival value as defined in § 7 of the Archives Act, and destruction is approved in accordance with internal procedures and, where required, by the National Archives.
The destruction of documents is conducted in a controlled and documented manner, ensuring the transparency, controllability, and traceability of destruction procedures.
12. Please describe case-law and/or practice which exist as regards document management and preservation (from courts, ombudsmen, information commissioners, etc).
Does not apply.