Summary

Can state secrets be treated as the so-called secret law, an opposite to public law that is accessible by and available to all persons in a democratic state? Does the concept of state secrets imply that the state has full discretion in deciding on state secrets or are there any legal criteria for restricting access to information? These are among the questions addressed by the author, who analyses the constitutional provision regarding the freedom of information, its extent and the possibilities for its restriction. Further, the author examines the criteria which must be met if the freedom of information is restricted and the legal bases for establishing such restrictions in Estonia. The process of qualifying information as a state secret is analysed and the guarantees for the protection of the freedom of information are dealt with.