[comp.org.eff.talk] Personal information - The Data Protection Law in Finland

paivi@vipunen.hut.fi (Paivi Helena Hyvarinen Ti-88) (03/26/91)

Well, to further spurr on the discussion about personal information
control and protection of one's personal life, junk mail et al.:

In Finland we have a law (Tietosuojalaki) that specifically gives
anyone and everyone:

1) The right to personally or through an ombudsman control what is
written about them in any and all organizational registers (companies
customer registers, all kinds of membership registers, employer's and
pension registers, marketer's registers, credit registers etc. etc. -
private registers like my phone book don't count), once a year for
free and even more often if one covers the company's or official's
expenses. The cases where an ombudsman acting on the behalf of the
individual is required are few, only the registers of our Security
Police and, in certain cases (when still under acute therapy) one's
psychiatric history.

2) The right to have any and all wrong, lacking, unnecessary or old
information corrected in all of these without any charge.

3) The right to deny the use of one's information for some given
purposes, typically direct advertising (junk mail etc.)

Also, the organizations gathering information must obey some rules
about them:

1) The data collected must be directly needed for the functions of
that organization. For ex. the tax authorities have no right to
collect information about your school grades. A shopping mall has no
right to register in which other places you shop, how many kids you
have or the like.

2) The data must be kept as safe as humanly possible, so that no one
can wrongfully access and exploit it.

3) When data is collected about someone, they must be informed (either
give it themselves or get notified). When the information is used, for
ex. a direct mail campaign, the source of the information must be
stated clearly.

4) All registers have to be registered themselves by our Data
Protection Ombudsman's office, the Data Protection Bureau. You are not
allowed to have an oragnizational register without notifying the
Bureau.

5) Sensitive data can only be gathered with written permission from
the Ombudsman. (medical and family history, facts about race,
religion, political views etc.)

6) When the data has been used for the intended purpose it must be
destroyd in a safe manner. So the register that was used in one direct
mail campaign can't be used in another, it must be collected again.

These are not all the details of the law, but I guess you get the
picture. "Prtotect the small (individuals, families) from the big (the
governement and companies)".

After this law was passed in our parlament, every household in Finland
got a very well written leaflet about the new law, telling us what new
rights we now have and giving examples of how to enforce them. If any
problems occur, the Data Protection Ombudsman has the right and the
obligation to take legal action on the behalf of any person or group
that feels that their right to data protection, i.e. control over the
information about them has been violated. She also has the right to
act on her own, protecting the "general good" of the society, a
complaint from the public is not absolutely necessary.

This official has already got our courts to stop several unlawful
gatherings of information both governemental and commercial and
personally I respect her and her office very much. They seem to be
doing a great job. The best thing is, that even though I can't
personally check what our Security Police has on me, I can ask her to
control if they have a file on me (she will tell me yes or no) and, if
there is one, that the info in these few protected registers is
actually needed, correct and non-partial.

Personally, after this law came to power I have received a letter from
the nation-wide credit register (Finland is so small that there only
is one) telling that I am in their register and what it says there (I
couldn't have guessed that I was listed there otherwise - I didn't
even know a company by that name existed. I got registered there
because I have a credit card). I have also recently asked a mail
ordering company to stop selling my name further (the things we got
offered never seemed to be of any use) - no problem at all, they
agreed at once in a friendly manner.

Now I don't know how Americans view their governemental powers, sivil
cervants et al., but in Finland the public very much feels that there
are "good officials" and "bad officials". The Data Protection Bureau
definitively belongs among the good guys and does a good job in
protecting us from the bad guys (the police is one example, they have
among other things been required to let go of registering old minor
fellonies' prosecutions that did not lead to conviction).  Even though
"more laws" in general is bad, I'm darn glad this one came to be.

Just my $.02 (or 10 penni, if you so wish :-)

Paivi

@ Paivi Hyvarinen, systems analyst (part time)   @ Paivi.Hyvarinen@hut.fi    @
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