Authorities' duties

Responsibilities of authorities in respect of the protection of privacy in electronic communications

It is FICORA and the Data Protection Ombudsman who monitor the protection of privacy in electronic communications. Pre-trial investigation of crimes always falls into the responsibilities of the Police.

FICORA monitors the compliance with the provisions and regulations issued under the Act on the Protection of Privacy in Electronic Communications.

These provisions and regulations concern, for example:

• handling of identification data;
• protection of communications and decoding; and
• information security in communications and of identification data.
  

Duties of the Data Protection Ombudsman

The provisions monitored by the Data Protection Ombudsman concern

• handling of geographic information;
• telephone directories and other subscriber directories;
• directory inquiries; and
• direct marketing.
  
  
  

The Data Protection Ombudsman also monitors the compliance with the provisions concerning the handling of employees' e-mail and identification data in cases of misuse.

Distinction between powers

FICORA is mainly in charge of the handling of identification data. The Data Protection Ombudsman, on the other hand, monitors the handling of personal data. However, it is difficult to delimit accurately the powers, so authorities may hold case-specific negotiations and cooperate.

Normally, FICORA is responsible for questions related to the confidentiality of communications and 'network traces' stored in communications networks whereas others related to the handling of electronic personal data belong to the Data Protection Ombudsman.

Customer registers in accordance with the Personal Data Act

For example, personal data are collected to companies' customer registers on the basis of personal data. For example, customer registers may contain such information as that a person has called and inquired something. This kind of information, which is registered with a customer register, must normally be handled in compliance with the Personal Data Act.

The Police investigate crimes

Pre-trial investigation of crimes always falls into the responsibilities of the Police.

The Police

• secure the judicial and social order;
• maintain public order and security; and
• prevent and investigate crimes and forward cases to a prosecutor for consideration of charges.
  

The powers and operational principles of the Police are mainly determined by the Police Act, Coercive Measures Act and Criminal Investigations Act.

Fundamental and human rights have been taken into consideration when the powers of the Police have been enacted as well as the possibilities of the Finnish Police to participle efficiently in international crime prevention cooperation.