A survey conducted by the European Working Committee showed that a great number of Finland's residents over 15 years of age and six out of ten EU inhabitants were concerned about their privacy in relation to the processing of personal data. To address this problem, the government of Finland implemented the Finnish Personal Data Act, 1999 (PDA). PDA implements EU privacy standards for the protection of individual's private life and other basic rights and the processing of personal data. This article discusses Finnish Personal Data Act 1999 which repealed the Personal Data File Act 1987 and made privacy laws consistent with the EU Data Protection Directive.
The Personal Data File Act 1987 (the Act) came into force in 1988 and aimed to prevent violations of data processing. In 1995, Finland became a member of the European Union. The Personal Data Act 1999 (PDA) replaced the Act and was instituted to make Finnish law consistent with the EU Data Protection Directive. The PDA did not change the main protection principles set forth in the Act, but stressed the individuals' basic rights and freedoms and took into account not only the Directive, but also some constitutional reforms. Additionally, the PDA incorporates provisions on policy and effects of the European Commission's decision-making.
The PDA sets forth the rules governing the processing of personal data when the controller is established in the territory of Finland or is otherwise subject to Finnish law. The PDA also applies when the controller is not established in the EU territory but uses equipment located in Finland for the processing of personal data, except where the equipment is used solely for the transfer of data through the territory. The Data Protection Ombudsman (DPO) is the supervisory data protection authority. The DPO receives complains and enforces the PDA. The Data Protection Board resolves disputes and hears appeals of decisions rendered by the DPO.
Other Finnish laws govern aspects related to the protection of personal data. The Openness of Government Activities Act, i.e., controls access to public registers. The Protection of Privacy in Electronic Communication Act and the Protection of Privacy in Working Life Act also set rules regarding protection of privacy and data in Finland.
