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Finlex ›Legislation› Up-to-date legislation ›Year 2018› 5.12.2018 / 1050

5/5/2018 / 1050

Up - to - date legislation
Regulations followed by SDK 429/2021
until (published 27.5.2021).

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Chapter 1
General provisions

› Established legal titles
› Swedish regulations
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› Directory of legislative amendments

§1
The purpose of the law
This law clarifies and complements the protection of natural persons with personal data
free movement of such information and repealing Directive 95/46 / EC

Table of contents
5/5/2018 / 1050
Chapter 1 - General provisions

Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation),

Section 1 - Purpose of the Act

hereinafter referred to as the Data Protection Regulation , and its national application.

§ 2 - Scope
Section 3 - Applicable law

§2
Scope of application

Chapter 2 - Legal basis for processing in certain cases
cases
Section 4 - Legality of processing

This law applies in accordance with the scope of Article 2 of the Data Protection Regulation. This law and

Section 5 - Information society services
the age limit applicable to the provision of the child

whereas, moreover, the Data Protection Regulation applies, with the exception of Article 56 and Chapter VII thereof,

Section 6 - Concerning special categories of personal data
handling

the processing of personal data carried out in accordance with Article 2 (2) (a) and (b)
in the context of the activities referred to in the first subparagraph, unless otherwise provided by law elsewhere.

Section 7 - Related to criminal convictions and violations
handling

Chapter 3 - The Authority
Section 8 - Data Protection Commissioner

This Act does not apply to parliamentary activities in Parliament.
This Act does not apply to the processing of personal data provided for in the Personal Data Act
law on criminal proceedings and the maintenance of national security

Section 9 - Office of the Data Protection Commissioner
Section 10 - Eligibility requirements and
criteria for appointment
Section 11 - Appointment and term of office

To the beginning of the page

(1054/2018) .

§3
Applicable law
Processing of personal data by a controller located in the territory of the European Union or
in connection with activities related to the place of business of the controller, Finnish law shall apply,
if the registrar's office is located in Finland.
If the processing of personal data is governed by the law of a foreign country and the data protection
the rights provided for the protection of the data subject in accordance with Article 89 (2) of the Regulation,
however, the safeguards provided for the protection of the data subject in section 31 shall be complied with
regardless of the choice of law.

Chapter 2
Legal basis for processing in certain cases
§4
Legality of the processing
Personal data may be processed in accordance with Article 6 (1) (e) of the Data Protection Regulation if:
1) the issue is the status, tasks and management of a person in the public sector, in business life,
information describing organizational activities or other similar activities in so far as
the purpose of the processing is in the public interest and the processing is proportionate to the aim pursued
in relation to a legitimate aim;
2) the processing is necessary and proportionate in the operation of the authority in the public interest task
to perform;
(3) the processing is necessary for scientific or historical research or statistics and is
proportionate to the general interest objective pursued; or
4) research materials containing personal data, cultural heritage materials and their
Whereas the processing of personal data relating to descriptive data for archival purposes is necessary; and
proportionate to the public interest objective pursued and to the rights of the data subject
in relation to.

§5
Age limit for the provision of information society services to a child
Where personal data are processed within the meaning of Article 6 (1) (a) of the Data Protection Regulation
Article 4 (25) of the Data Protection Regulation
the provision of information society services directly to the child, the child's personal data
processing is lawful if the child is at least 13 years old.

§6
Processing of specific categories of personal data
Article 9 (1) of the Data Protection Regulation does not apply to:
(1) when an insurance undertaking processes information obtained in the course of insurance business from the insured and
the claimant's state of health, illness or disability, or to him
targeted management measures or comparable actions that are necessary
to determine the liability of the insurance undertaking;
2) the processing of data which is provided by law or which is directly attributable to the controller by law
the prescribed task;
3) the processing of information concerning trade union membership, which is necessary for the controller
to respect specific rights and obligations in the field of labor law;
4) when the healthcare provider, when arranging or providing services, deals here
information on the person’s state of health or disability or
health care and rehabilitation services or other registered care
information necessary for
5) when the social care service provider, when arranging or providing services or providing them
benefits process information on a person 's state of health that he or she receives or produces in the course of that activity; or
disability or the health and rehabilitation service he receives, or
other information necessary for the provision of the registered service or benefit;
6) processing of health and genetic data in anti-doping and disability sports
insofar as the processing of such data is necessary for the performance of anti-doping work or for persons with disabilities
and to enable sports for the chronically ill;
7) the processing of data for the purpose of scientific or historical research or statistics;
8) the processing of research and cultural heritage material for archival purposes in the public interest
with the exception of genetic information.
When processing personal data in the situation referred to in subsection 1, the controller and
the controller shall take appropriate and specific measures against the data subject
to protect the rights of These measures include:
1) measures that can be subsequently verified and verified by whom
personal data has been stored, modified or transferred;
2) measures to improve the competence of personnel processing personal data;
3) appointment of a data protection officer;
4) internal measures of the controller and processor to prevent access to personal data;
5) pseudonymisation of personal data;
6) encryption of personal data;
7) measures for the provision of processing systems and services related to the processing of personal data
continuous confidentiality, integrity, usability and fault tolerance are guaranteed, including capability
quickly restore data availability and access in the event of a physical or technical failure;
8) a procedure for testing, examining and regularly evaluating technical and organizational
the effectiveness of measures to ensure the security of data processing;
9) special procedural rules to ensure compliance with the Data Protection Regulation and this Act
when transferring or processing personal data for other purposes;
10) a data protection impact assessment in accordance with Article 35 of the Data Protection Regulation
compilation;
11) other technical, procedural and organizational measures.

§7
Proceedings relating to criminal convictions and infringements
Criminal convictions and infringements referred to in Article 10 of the Data Protection Regulation or related thereto
personal data relating to security measures may be processed if:
(1) processing is necessary for the determination, preparation, presentation, defense or defense of a legal claim; or
to resolve; or
2) the information is processed for the purpose provided for in section 6 (1) (1), (2) or (7).
What is provided in Section 6 (2) for measures to protect the rights of the data subject,
shall also apply to the processing of personal data referred to in subsection (1) of this section.

Chapter 3
Supervisory authority
§8
Data Protection Officer
The Ministry of Justice as the national supervisory authority within the meaning of the Data Protection Regulation
the Data Protection Officer.
The Data Protection Officer is functionally independent.

§9
Office of the Data Protection Officer
The EDPS has an office with at least two Assistant EDPS and
the necessary number of rapporteurs familiar with the role of the EDPS and more
staff.
The Data Protection Officer shall appoint the officials of the Office and recruit the other members of the Office
staff.
The EDPS approves the rules of procedure of the Office.

§ 10
Eligibility criteria and criteria for appointment
The eligibility requirements for the Data Protection Supervisor and the Assistant Data Protection Supervisor are different
a master’s degree in law than a master’s degree in international and comparative law
degree, good knowledge of personal data protection issues and demonstrated in practice
leadership. In addition, the ability to perform international tasks is required.

§ 11
Appointment and term of office
The Data Protection Commissioner and the Deputy Data Protection Commissioner are appointed by the Government for five years
one at a time.
The Appointed Data Protection Officer and the Assistant Data Protection Officer shall be relieved of any other duties
for the duration of his duties as Data Protection Officer or Assistant Data Protection Officer.

§ 12
Committee of Experts
The Office of the Data Protection Officer shall have a panel of experts composed of a
vice-chairman and three other members. Each of them has a personal deputy.
The Government shall appoint the Board for a term of three years.
The chairman and vice-chairman of the board shall be the other senior in law
a university degree rather than a master’s degree in international and comparative law
performed by a person with a good knowledge of personal data protection issues and other
qualifications required for the performance of the task. Another member of the board is required
familiarity with personal data protection issues and other matters required for the performance of the task
qualifications.
A member of the Board shall be subject to the provisions on criminal liability of his or her
in the performance of the tasks referred to in this Act. Liability for damages is provided
in the Compensation Act (412/1974) . The members and alternates of the Board shall be paid for their duties
reward. The Ministry of Justice sets the amounts of the fees.

§ 13
Statement of interests
The Data Protection Commissioner and the Assistant Data Protection Commissioner must enact a law on civil servants (750/1994).
A statement of his or her interests referred to in section 8 a .

§ 14
Duties and powers of the Data Protection Supervisor
The tasks and powers of the Data Protection Supervisor are set out in Articles 55 to
Article 59. The Data Protection Officer shall also have other duties provided for in this or any other law, and
powers.
The Data Protection Commissioner does not supervise the Chancellor of Justice of the Government or the Parliamentary Ombudsman
activities.
The Data Protection Commissioner represents Finland in the European Data Protection Board.
The Data Protection Officer shall accredit the certification body referred to in Article 43 of the Data Protection Regulation.
The EDPS shall prepare an annual report referred to in Article 59 of the Data Protection Regulation
an annual report, which is submitted to Parliament and the Government. The annual report is
kept publicly available.

§ 15
Decision - making of the EDPS
The EDPS decides on matters from the presentation, unless he decides otherwise in an individual case.

§ 16
Duties and powers of the Assistant Data Protection Supervisor
The division of tasks between the EDPS and the Assistant EDPS is laid down
the rules of procedure of the Office of the Data Protection Officer.
The Assistant Data Protection Supervisor shall have the same powers in the performance of his or her duties as the
the Data Protection Officer.

§ 17
Duties of the Committee of Experts and handling of matters
The role of the Board of Experts is to issue opinions at the request of the EDPS
the application of legislation on the processing of personal data
issues.
The Board may consult external experts.
The secretary of the panel is the rapporteur of the EDPS office.

§ 18
Right of the Data Protection Supervisor to access and inspect information
In addition to what is provided for in Article 58 (1) of the Data Protection Regulation
the right of access and inspection, the Data Protection Officer shall have the right to
without prejudice to obtaining, free of charge, information necessary for the performance of their duties.
In the space used for permanent residence, the inspection may be carried out only if it is
necessary to establish the facts to be inspected and in the case in question
In this case, there is a justified and identified reason to suspect the processing of personal data
infringed or infringed in a manner which may result in an administrative penalty
penalty payment or penalty provided for in the Penal Code (39/1889) .

Section 18 a (27.11.2020 / 902)
Cooperation with supervisory authorities of third countries
In addition to Article 61 of the Data Protection Regulation, the Member States of the European Union
mutual assistance between supervisory authorities, the Data Protection Officer shall have the right to take
necessary measures to ensure effective cooperation on the protection of individuals
provisions of the Convention for the Automatic Processing of Personal Data
with enforcement authorities. The EDPS has the right to disclose
without prejudice to confidentiality provisions, personal data or other information to those supervisory authorities
to carry out a supervisory task if they are necessary to safeguard the data subject's rights
or if the data subject has given his or her explicit consent to the disclosure of personal data.

§ 19
Use of experts
The EDPS may consult external experts and request their opinions.
The EDPS may assist him in carrying out an inspection falling within his remit
external experts. The expert is subject to criminal liability rules
provisions in the performance of such tasks. Liability for damages is provided
in the Compensation Act.

§ 20
Official assistance
The Data Protection Officer has the right to receive official assistance from the police upon request in order to perform his or her duties.

Chapter 4
Legal protection and sanctions
§ 21
The right to refer the matter to the Data Protection Officer
The data subject has the right to refer the matter to the Data Protection Officer if the data subject considers that
that the processing of personal data concerning him or her violates the relevant legislation.
The EDPS may suspend the case if a related case is pending
in court.

§ 22
Penalty payment
The EDPS may set out in Article 58 (2) (c) to (g) and (j) of the Data Protection Regulation
disclosure of information referred to in Article 18 (1) of this Act
effect of the penalty payment. On the imposition and sentencing of a penalty payment
payment is provided for in the Penalty Penalty Act (1113/1990) .
A penalty payment may not be imposed on a natural person for disclosing the information referred to in subsection 1
where there is reason to suspect a criminal offense and information
concerning the matter which is the subject of the criminal suspicion.

§ 23
Commission decisions
If, in the case pending before it, the EDPS considers it necessary to determine whether
European Commission decision on the level of data protection referred to in Article 45 of the Data Protection Regulation
adequacy in accordance with the Data Protection Regulation, the EDPS may
the Helsinki Administrative Court to resolve the matter concerning the reference for a preliminary ruling.
The decision of the Administrative Court may be appealed only if the highest administrative
the right to grant leave to appeal.

§ 24
Administrative penalty fee
Administrative fine provided for in Article 83 of the Data Protection Regulation ( administrative penalty fee )
appointed jointly by the Data Protection Officer and the Assistant Data Protection Supervisors
sanctioning college. The EDPS will chair the College.
If the Assistant Data Protection Officer is prevented from acting, he or she may act as his or her deputy in the Sanctions College
the rapporteur provided for in the rules of procedure of the Office of the Data Protection Officer. The College has a quorum
in three members.
The decision of the college is made on the presentation. The decision will be the position that the majority has supported.
In the event of a tie, the decision shall be the one which is less severe than the one to which the sanction applies
is targeted.
Penalties may also be imposed for breaches of Article 10 of the Data Protection Regulation,
provided for in Article 83 (5) of the Data Protection Regulation and in this Act.
Penalty fees cannot be imposed on state authorities, state-owned enterprises, municipalities
authorities, independent bodies governed by public law, parliamentary agencies, the President of the Republic
the Chancellery and the Evangelical Lutheran Church of Finland and the Orthodox Church of Finland
parishes, parish associations and other bodies.
No penalty shall be imposed if more than ten years have elapsed since the infringement or
negligence has occurred. If the violation or omission has been continuous in nature, ten
the period of one year shall be calculated from the end of the infringement or omission.
The enforcement of the penalty payment is provided for in the Act on the Enforcement of Fines
(672/2002) . The penalty payment shall lapse five years after the date of its imposition.

§ 25
Appeal
An appeal to the Administrative Court is provided for in the Administrative Procedure Act
Act (808/2019) . (27.11.2020 / 869)

Subsection 2 has been repealed by L on 27.11.2020 / 869 .
The decision of the Data Protection Officer or the Assistant Data Protection Officer may provide for that decision
shall be complied with notwithstanding an appeal, unless the appellate authority orders otherwise.

§ 26
Penalty provisions
The penalty for a data protection offense is provided for in Chapter 38, Section 9 of the Penal Code . Penalty
breach of confidentiality and serious breach of confidentiality are provided
Sections 3 and 4 of Chapter 38 of the Penal Code and the penalty for burglary and aggravated burglary
In Section 8 a. The punishment provided for in section 35 of this Act and the obligation provided for in section 36
a breach of professional secrecy is punishable under Chapter 38, Section 1 or 2 of the Penal Code , unless the act
shall not be punished in accordance with Chapter 40, Section 5 of the Penal Code or more severely provided for elsewhere in the Act
punishment.
Chapter 38, Section 10, Subsection 3 of the Penal Code provides for the duty of the prosecutor to hear
the Data Protection Officer before the prosecution of the offenses mentioned in subsection 1 of this section
as well as the obligation of the court to set aside when dealing with such a case
opportunity for the Data Protection Officer to be heard.

Chapter 5
Special situations of data processing
§ 27
Processing of personal information journalistic, academic, artistic or written
for the purposes of the expression
To safeguard freedom of expression and information in the processing of personal data
for journalistic purposes only or for academic, artistic or written expression
for these purposes, Article 5 (1) (c) to (e) of the Data Protection Regulation does not apply, 6 and
Articles 7, 9 and 10, Article 11 (2), Articles 12 to 22, Article 30, Article 34 (1) to (3),

Articles 35 and 36, Article 56, Article 58 (2) (f), Articles 60 to 63 and Articles 65 to 67.
Article 27 of the Data Protection Regulation does not apply to the processing of personal data relating to
exercise of freedom of expression in the Law on Mass Media (460/2003) provided
activities. Articles 44 to 50 of the Data Protection Regulation do not apply if the application would infringe the law
freedom of expression or information.
To safeguard freedom of expression and information in the processing of personal data
for journalistic purposes only or for academic, artistic or written expression
for these purposes, Article 5 (1) (a) and (b) of the Data Protection Regulation shall apply; and
Paragraphs 2, 24 to 26, 31, 39 and 40, 42, 57 and 58, 64 and 70
only where applicable.

§ 28
Principle of publicity
The right to receive information and other disclosure of personal data from the authority's personal register
the provisions on publicity for the activities of public authorities shall apply.

§ 29
Identity processing
The personal identity number may be processed with the consent of the data subject or if the processing is provided by law.
In addition, the personal identification number may be processed if the unambiguous identification of the data subject is important:
1) to perform a task provided by law;
2) to implement the rights and obligations of the data subject or the data controller; or
3) for historical or scientific research or statistics.
The personal identity number may be processed in lending or debt collection, insurance, credit
payment services, rental and lending activities, credit information activities, healthcare,
in social work and other social security, or in employment, work and other employment relationships, and
related matters.
In addition to what is provided for in subsections 1 and 2 concerning the processing of a personal identification number, a personal identification number is obtained
to update address information or to avoid multiple mailings
for the processing to be carried out, if the personal identification number is already available to the transferee.
The personal identification number should not be unnecessarily entered in the printouts based on the personal register or
documents drawn up.

§ 30
Processing of personal data in connection with employment
The processing of personal data concerning the employee, tests and inspections performed on the employee
as well as their requirements, technical supervision at the workplace and the employee
retrieving and opening an e-mail is provided for the protection of privacy in working life
Act (759/2004) .

§ 31
Scientific and historical research purposes as well as statistical purposes
exceptions to the processing of personal data for the purposes of
safeguards
When processing personal data for scientific or historical research purposes, the data protection
derogate, where necessary, from the data subject's rights under Articles 15, 16, 18 and 21 of the Regulation
provided:
1) the processing is based on an appropriate research plan;
2) the investigation has a responsible person or a group responsible for it; and
3) personal data is used and disclosed only for historical or scientific research or otherwise
for a compatible purpose and otherwise act in such a way as to apply to a specific person
the information is not disclosed to outsiders.
When processing personal data for statistical purposes, Articles 15, 16, 18 of the Data Protection Regulation may apply
and, where appropriate, derogate from the data subject's rights provided for in Articles 21 and 21, provided that:
1) statistics cannot be produced or the need for information for the purpose cannot be fulfilled without
processing of personal data;
2) the production of the statistics in question has a material connection with the activities of the controller; and
3) the information is not disclosed or made available in such a way that a particular person is identifiable from it, unless
data are released for public statistics.
When processing personal data referred to in Article 9 (1) and Article 10 of the Data Protection Regulation
For the purposes provided for in subsection 1 or 2, a derogation from Articles 15, 16, 18 and 21 of the Data Protection Decree
the rights of the data subject provided for in Articles 1 and 2
provides for the establishment of a data protection policy in accordance with Article 35 of the Data Protection Regulation
impact assessment or compliance with a code of conduct pursuant to Article 40 of the Data Protection Regulation,
taking due account of the rights of the data subject referred to above
deviation. The impact assessment should be submitted in writing to the EDPS for information before
processing.

§ 32
For archiving purposes in the public interest
exceptions and safeguards for the processing of personal data
When processing personal data for archiving purposes in the public interest, Article 4 (4) or
Under Article 6 (1) (c) of the Data Protection Regulation, Articles 15, 16
and the data subject's rights under Articles 18 to 21 to derogate from Article 89 of the Data Protection Regulation
Under the conditions laid down in paragraph 3.

§ 33
Restrictions on the controller 's obligation to provide information to the data subject
The obligation under Articles 13 and 14 of the Data Protection Regulation to provide information to the data subject
may be waived if necessary for the security, defense or public interest of the State
for reasons of law and order, for the prevention or detection of criminal offenses or for taxation purposes
or due to a fiscal surveillance function.
Derogations from Article 14 (1) to (4) of the Data Protection Regulation may also be granted if the provision of information
causes substantial damage or inconvenience to the data subject and the data to be stored will not be used by the data subject
decision-making.
If no information is provided to the data subject pursuant to subsection 1 or 2, the controller shall take
appropriate measures to protect the rights of the data subject. These measures include:
keeping the information referred to in Article 14 (1) and (2) of the Data Protection Regulation available to all
available, unless this would jeopardize the purpose of the restriction on the provision of information.

§ 34
Restrictions on the data subject's right of access to data collected about him
The data subject does not have a right of access under Article 15 of the Data Protection Regulation
collected if:
1) the provision of the information could be detrimental to national security, defense or public order
and security or impede the prevention or detection of criminal offenses;
2) the provision of the information could pose a serious risk to the health or care of the data subject, or
the rights of the data subject or someone else; or
3) personal data is used for control and inspection tasks and non-disclosure is
essential economic or financial interest of Finland or the European Union
to secure.
If only part of the information concerning the data subject is such that it remains in accordance with subsection 1
Article 15 of the Data Protection Regulation, the data subject is entitled to
know other information about him.
The data subject shall be informed of the reasons for the restriction, unless this would jeopardize the purpose of the restriction.
If the data subject does not have access to the data collected about him, the Data Protection Regulation
The information referred to in Article 15 (1) shall be provided to the Data Protection Officer by the data subject
on application.

Chapter 6
Miscellaneous provisions
§ 35
Obligation of confidentiality
Anyone who has taken part in the processing of personal data has come to know something else
characteristics of a person, personal circumstances, financial status, or another
business secrets, shall not unlawfully disclose or use the information thus obtained to a third party
for their own benefit or for the benefit of another or to the detriment of another.

§ 36
Protecting the identity of the notifier
Once a natural person has made a notification to the EDPS of persons under its control
suspected infringement, the identity of the notifier shall be kept confidential if:
disclosure of the identity may be considered to cause harm on the basis of the circumstances
to the notifier.

§ 37
Passage
This Act shall enter into force on 1 January 2019.
This law repeals the Personal Data Act (523/1999) and the Data Protection Board and
Act on the Data Protection Officer (389/1994) .

§ 38
Transitional provisions
Permits issued by the Data Protection Board shall expire upon the entry into force of this Act.
Matters initiated in the Data Protection Board before the entry into force of this Act shall lapse
coming.
Upon notification of the entry into force of this Act, the notification to the Data Protection Officer
the provisions of sections 36 and 37 of the Personal Data Act concerning the obligation to notify and notification apply
making.
Upon the entry into force of this Act, the exercise of the right of inspection and personal data
Articles 12 and 15 to 18 of the Data Protection Regulation do not apply in the
provisions which impose obligations on the controller that go beyond the entry into force of this Act
the provisions in force at the time of entry into force require, if the said provisions of the Data Protection Regulation
application would be unreasonable for the controller.
When appealing against a decision of the Data Protection Board and
the decision of the Data Protection Officer shall be subject to the provisions in force when this Act enters into force
provisions. An additional appeal shall apply upon the entry into force of this Act
however, only if it was initiated before the entry into force of this Act.
If the act causing the damage was committed before the entry into force of this Act, the obligation to compensate
the damage shall be governed by the provisions in force when this Act enters into force.
HE 9/2018 , HaVM 13/2018, EV 108/2018, Regulation (EU) No
679/2016 (32016R0679); OJ L 119, 4.5.2016, p. 1

Entry into force and application of amending acts:

27.11.2020 / 869:
This Act shall enter into force on 1 December 2020.
HE 109/2020 , LaVM 10/2020, EV 136/2020

27.11.2020 / 902:
This Act shall enter into force on 10 December 2020.
HE 30/2020 , HaVM 16/2020, EV 125/2020

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