Updated: Sep 23, 98
Data Protection in Finland

The principles specified in the Council of Europe's Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data with related recommendations have already been adopted in Finland. Therefore the implementation of the data protection directive does not require major changes in Finnish legislation. A law on the protection of privacy in processing personal data is currently being prepared by the Finnish Ministry of Justice as is a law governing the activities of statutory authorities. Matters regarding data protection and data security are also being reviewed in the Ministry of Social Affairs and Health as a result of the EU data protection directive. In addition to the data protection legislation, regulations concerning the protection of individual privacy are included in specific legislation on social and health care services.

The law on the status and rights of the patient, which took effect in 1993, incorporates the legal principles associated with the care and treatment of patients. The law has clarified and improved the legal protection of the individual patient, promoting client/personnel relationships based on mutual trust in a complex and ever more technical health care system. Similar legislation on the status and rights of the social welfare client is also underway in Finland. The goal is to establish a law governing the principles concerning the participation, treatment and legal protection of the social welfare client. Placing the emphasis on the client's rights of access to information and involvement in deciding how it is used is motivated by a move towards client centred practices in the social services.

The main principles of data protection and data security are incorporated in general law on the protection of privacy in processing personal data. However, some specific legislation on social and health care services requires some adjustment. In processing personal data the position of the individual and his or her consent will be highlighted in the new legislation. Data protection and data security involve issues on many levels. The Ministry of Social Affairs and Health has set up three working groups in order to implement a utilisation strategy for information technology. One of these groups will be looking into the issues concerning data protection and data security in the welfare and health care domain.

Amongst the questions the group will be addressing are:

• What do the Rights of Data Subjects ( e.g. Art 8 ) really mean in practice and what are their requirements for the health care personnel?
• How can good and useful information be given to the individual who is the subject of any data?
• Who would be responsible for controlling the seamless chain of care and services?
• What would be the implications of a welfare and health card?

Using information technology in social welfare and health care calls for a comprehensive evaluation of the resulting benefits and disadvantages to ensure that the privacy of individuals can be adequately guaranteed. However, along with safeguarding privacy it is equally important to provide social and health care services that are of a high standard, employing information technology whenever it enhances the quality of care and other services from the individual's viewpoint. Contact information:Mrs Varpu-Leena Aalto, Government Counsellor Ministry of Social Affairs and HealthPhone + 358 9 160 4341 e-mail: varpuleena.aalto@stm.vn.fi

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