The Finnish government plans to establish an analytical center to combat organized crime that will collect and analyze data from various state bodies. Experts and institutions that submitted comments on the proposed legislative changes warn of risks to privacy, personal data protection and people’s legal protection, YLE News reports.
Access to data
The center is to be headed by Finland’s National Bureau of Investigation. The proposal envisages involving the social insurance institution, border and migration services, prison service, debt enforcement authorities, customs, tax administration and other agencies in its activities.
Under the proposal, the center will be able to obtain information on social security, taxation, debt collection and entry into the country. This will also apply to data provided to state bodies in connection with their decisions. In addition, the center will be able to request necessary information from other authorities, institutions performing public functions and private entities, including companies.
Finland’s Ministry of Justice stated that such a scope of powers should be specified. In the ministry’s view, access to confidential information concerning an unlimited range of entities could significantly restrict individuals’ right to privacy and personal data protection.
Classification and consequences
The center will analyze the data transferred to it and classify groups and individuals as being linked to organized crime. The decision on such classification will be made by a senior police officer working at the center. Other authorities will be able to use the center’s conclusions when making administrative decisions, including those concerning rights and permits.
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The Ministry of Justice stressed that an erroneous classification could cause harm to a person that would be difficult to remedy later. The ministry also warned that the model is based on an administrative assessment rather than a court ruling, although it may have lasting legal consequences, including leading to the refusal to issue a permit.
According to Interior Ministry representative Suvi Pato-Oja, final decisions on permits and benefits will continue to be made by the relevant authorities according to their own criteria. At the same time, the center’s conclusion could become an unconditional obstacle to obtaining a gambling license.
Sensitive information
Critics point out that the register could include people with weak links to individuals classified as involved in organized crime, including their lawyers, landlords, IT service providers or family members. If necessary, the center could also request data in the fields of healthcare and social services.
Finland’s National Institute for Health and Welfare called for patient and client data to be excluded from the center’s right to obtain information. The Office of the Data Protection Ombudsman also believes that the proposal allows excessively large-scale processing of information: data collection does not exclude even children and potential future victims of criminal groups. After consultations end in early August, Finland’s Interior Ministry is to process the comments, and the proposal is planned to be submitted to parliament in the autumn.
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