Tokens: 16
.
The
proportionality
test
must
first
assess
the
personal
scope
of
the
Disclosure
Act
as
it
was
implemented
in
the
present
case
.
At
the
time
of
debating
the
draft
Act
in
the
Riigikogu
,
it
was
agreed
that
a
list
of
titles
or
positions
would
not
be
the
most
practicable
solution
as
some
titles
might
accidentally
be
omitted
.
For
example
,
the
position
of
a
driver
or
a
secretary
may
seem
innocent
but
in
essence
not
necessarily
be
so
.
In
the
explanatory
memorandum
to
the
Disclosure
Act
it
was
pointed
out
that
“
there
have
been
cases
when
persons
were
officially
hired
as
support
staff
but
in
reality
were
directly
engaged
in
intelligence
gathering
and
surveillance
activities
.
Therefore
each
particular
case
has
to
be
dealt
with
on
the
grounds
of
the
activity
(
acts
)
of
a
particular
person
.
For
the
same
reason
it
is
not
possible
to
define
the
concept
‘
to
cooperate
in
any
other
way
knowingly
and
voluntarily
’
since
the
fact
of
cooperation
with
an
organisation
needs
to
be
addressed
as
unique
.
”
Labels: O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O