[author: Johanna Lilja, Roschier]
Q1/ Applicable legislation
Q2/ Personal data of deceased persons
Q3/ Legal bases for processing
Q4/ Consent of children
Q5/ Processing of sensitive personal data
Q6/ Data relating to criminal offences or convictions
Q8/ Restrictions on data subjects’ rights
Q9/ Joint controllership
Q11/ Data protection Impact Assessments
Q12/ Prior authorisation and public interest
Q14/ International data transfers
Q16/ Claims by not-for-profit bodies
Q17/ Administrative fines, penalties and sanctions
Q18/ Freedom of expression and information
Q19/ National identification numbers
Q20/ Processing in the context of employment
Q21/ Other material derogations
Q22/ Current legal challenges
Q24/ Regulatory Guidance
(a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation?
New legislation has been passed.
(b) Relevant legislation includes:
(c) What is the status of national pre-GDPR data protection law?
The relevant pre-GDPR legislation has been repealed in full.
Does national law make specific rules regarding the processing of personal data of deceased persons?
There are no specific rules governing this issue.
(a) Does national law make specific rules regarding the processing of personal data in compliance with a legal obligation?
When processing personal data on the basis of Art. 6(1)(c) GDPR, exemptions can be made to the rights of the data subjects (Arts. 15-16 & 18-21 GDPR) in accordance with the requirements of Art. 89(3) GDPR.
(b) Does national law make specific rules regarding the processing of personal data for the performance of tasks carried out in the public interest?
Personal data may be processed on the basis of Art. 6(1)(e) GDPR if:
(c) Does national law make specific rules regarding the processing of personal data in the exercise of official authority vested in the controller?
See Q3(b) above.
(d) Does national law contain criteria in addition to those listed in the GDPR, to determine whether processing for a new purpose is compatible with the purpose for which the personal data were initially collected?
There are no specific additional criteria governing this issue.
At what age can a child give their consent to processing in relation to ISS?
13 years of age.
(a) Are there any sensitive personal data which cannot be processed on the basis of a data subject’s consent?
The Workplace Privacy Act sets extensive restrictions on the processing of personal data in the context of employment. Unnecessary personal data of employees cannot be processed even with the employee’s consent. This includes data that constitutes or can be combined to constitute sensitive personal data.
b) Does national law contain any specific requirements regarding the processing of sensitive personal data in respect of the following:
(i) Employment, social security and/or social protection law
Art. 9(1) GDPR is not applicable to:
In such cases, the Data Protection Act sets out certain safeguards that the controller must implement when processing such personal data.
(ii) Substantial public interest
There are no specific rules on processing this category of data.
(iii) Preventative or occupational medicine; employee working capacity, medical diagnosis, provision of health or social care, or management of health or social care systems or services
See Q5(b)(i) above.
(iv) Public interest in the area of public health
(v) Archiving purposes, scientific or historical research purposes or statistical purposes
(c) Has national law introduced any further conditions and/ or limitations with regard to the processing of genetic data, biometric data, or health data?
See Q5(b)(i) above. In addition, the Act on the Secondary Use of Health and Social Data sets out further requirements for the use of such data, and was accepted by the Finnish Parliament on 13 March 2019 and by the President of Finland on 26 April 2019.
Under what conditions does national law permit the processing of personal data relating to criminal convictions?
The processing of personal data relating to criminal convictions and offences or related security measures is permitted in the following situations:
Criminal data of an employee may be processed on the grounds of the Security Clearance Act, the Act on Checking the Criminal Backgrounds of Persons Working with Children and the Act on Criminal Records.
(a) Does national law specify exemptions to a data subject’s right to erasure?
The Data Protection Act provides exemptions with respect to the data subjects’ rights for the purposes of archiving in the public interest and scientific or historical purposes.
(b) Does national law specify exemptions to a data subject’s right to be provided information under Art. 14 GDPR where the personal data has not been obtained from the data subject?
Exemptions to a data subject’s right to be provided information may be permitted if:
(c) Does national law specify exemptions to a data subject’s right to not be subject to a decision based solely on automated processing, including profiling?
There are no specific exemptions to the right to not be subject to automated individual decision-making.
Aside from the exemptions noted in Q7, does national law contain any other restrictions on the rights of data subjects under Chapter III GDPR?
The following rules apply to a data subject’s right of access:
If only a part of the data concerning the data subject is such that it falls within the restriction on the right of access provided in the first sub-section mentioned above, the data subject will have the right of access to the remainder of the data provided that:
Does national law provide rules or guidance on the apportionment of responsibility between joint controllers?
There are no additional rules on apportionment of liability between joint controllers.
In addition to the contract between controller and processor, are there any pieces of legislation which govern processing by a processor?
There are no additional pieces of legislation.
Are there any circumstances in which national law requires an Impact Assessment to be carried out, where the GDPR would not otherwise require such an assessment?
When processing sensitive personal data, certain safeguards must be in place, including an Impact Assessment, for the following purposes:
Are there any circumstances in which national law requires controllers to consult with, or obtain prior authorisation from, the DPA in relation to processing for the performance of a task carried out by the controller in the public interest (including processing in relation to social protection and public health)?
Prior authorisation from the DPA is only required in accordance with the provisions of the GDPR.
(a) Does national law require controllers to appoint a DPO in circumstances other than those in Art. 37(1) GDPR?
When processing sensitive personal data for the purposes set out in Q11 above, certain safeguards must be in place, including the appointment of a DPO.
(b) Does national law impose secrecy and confidentiality obligations on DPOs and if so, in what circumstances do they apply?
The general secrecy obligations set out in the Data Protection Act apply to DPOs and information relating to characteristics, personal circumstances, economic situations and trade secrets.
(a) Does national law make specific rules about transfers of personal data from public registers?
Data transfers from public registers are not subject to specific rules.
(b) Does national law restrict the transfer of specific categories of personal data to third countries?
Data transfers are not subject to restrictions beyond those set out in the GDPR.
(a) Details of the DPA(s).
(b) If more than one national DPA has been established, what is the rationale behind multiple DPAs?
Not applicable as there is only one DPA.
(c) How does national law ensure consistent application of the GDPR by the various DPAs in accordance with Art. 63 GDPR?
(d) Does national law grant the relevant DPA additional powers beyond those set out in Art. 58 GDPR?
The DPA has certain additional powers and tasks, giving it a broad general competence regarding data protection.
As an addition to investigative powers set out in Art. 58 GDPR, the DPA is entitled to obtain information which is necessary for the performance of its duties, irrespective of the obligations of secrecy.
(e) What national appeals process exists to enable parties to challenge the decisions of the DPA?
Decisions of the DPA are subject to an appeal in the Administrative Court in accordance with provisions of the Administrative Judicial Procedure Act.
The Administrative Court’s decision is subject to appeal only if permission is granted by the Supreme Administrative Court.
The DPA’s decision may order compliance regardless of appeal, unless otherwise ordered by the appellate authority.
(f) Have specific national rules been adopted regarding the DPA’s power to obtain information from controllers or processors that are subject to obligations of professional secrecy (or equivalent)?
The DPA can obtain information necessary for the performance of its duties, irrespective of obligations of secrecy.
Does national law specify any not-for-profit bodies that are entitled to bring claims on behalf of individuals without the specific mandate of those individuals?
There are no not-for-profit bodies that are specifically mandated to bring such claims.
(a) Does national law lay down rules on whether and to what extent administrative fines may be imposed on public authorities for breaches of the GDPR?
Administrative fines may not be imposed on Finnish public authorities, any other public body, the Evangelical Lutheran Church or the Orthodox Church of Finland.
(b) Does national law impose penalties/sanctions in addition to those set out in the GDPR, for breaches of the GDPR not subject to administrative fines (e.g., criminal penalties)?
For those infringements of the GDPR or the Data Protection Act that are not subject to administrative fines, the Data Protection Act refers to the Criminal Code of Finland. Under the Criminal Code, certain breaches of the GDPR or Finnish national law may constitute a data protection offence, which is punishable by a fine or a maximum prison sentence of one year.
Further, under the Workplace Privacy Act, if an employer or a representative of the employer breaches an obligation or a restriction regarding processing personal data in the context of employment, a fine will be imposed on the employer, unless a more severe penalty is provided for in another statute.
(a) What (if anything) does national law do to balance the provisions of the GDPR against the right to freedom of expression and information?
The Data Protection Act includes derogations for processing of personal data for the purpose of journalism or academic, artistic or literary expression.
See Q18(b) below for specific examples of derogations.
(b) What derogations have been introduced by national law concerning the processing of personal data for the purpose of academic, artistic or literary expression?
Only a limited number of provisions of the GDPR apply to the processing of personal data for the purposes of journalism or academic, artistic or literary expression. Thus, when processing personal data solely for these purposes, Arts. 5(1)(c)-(e), 6-7, 9-10, 11(2), 12-22, 30, 34(1)-(3), 35-36, 56, 58(2)(f), 60-63 & 65-67 GDPR do not apply.
Further, Art. 27 GDPR does not apply to the processing of personal data which is within the meaning of “activities” in the Act on Freedom of Expression in Mass Media. Further, Arts. 44-50 GDPR do not apply if their application would infringe the right to freedom of expression and information.
When processing data for the purpose of journalism or for academic, artistic or literary expression, Arts. 5(1)(a)-(b), 5(2), 24-26, 39, 40, 42, 57-58, 64 & 70 GDPR only apply where appropriate.
Does national law stipulate specific conditions for the processing of a national identification number, and if so, what are the conditions?
A personal identity number:
(a) For what purposes can employees’ personal data in the employment context be processed under national law?
Under the Workplace Privacy Act, an employer is only permitted to process personal data which is directly necessary for the employee’s employment relationship in the following situations:
There are no exceptions to the necessity requirement, even with the employee’s consent.
Further, specific types of data and employee monitoring are subject to strict restrictions, for example, health data, employee emails, CCTV, and data relating to previous criminal convictions and offences.
(b) Does national law provide safeguards for employees’ dignity, legitimate interests, and fundamental rights?
See Q20(a) above.
Are there any other material derogations from, or additions to, the GDPR under national law?
The most significant derogations concern processing personal data in the context of employment. See Q20(a) above.
Are there any current legal challenges (e.g., court cases or regulatory appeals) regarding the validity or operation of the national GDPR implementation law (e.g., claims that the law incorrectly applies the GDPR; claims that the law is incompatible with constitutional principles; etc.)?
There are no current legal challenges ongoing.
Has the local DPA issued any material fines or taken any material enforcement action to date for breaches of the GDPR?
The DPA has yet to take any material enforcement action for breaches of the GDPR.
Has the DPA issued any significant guidance on the application of the GDPR or national implementation law?
The DPA has yet to issue any significant guidance.