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Privacy policy: Compensations for VR’s prior damage

12 December 2018

1. Controller

Name: State Treasury, Services for Citizens
Address: Sörnäisten rantatie 13, P.O. Box 14, FI-00054 State Treasury
Other contact details: tel. +358 (0)295 50 2000, [email protected]

2. Contact person for filing system-related matters

Name: Services for citizens / Crime damages and other types of compensation / Anne Matilainen
Address: Services for citizens, P.O. Box 14, FI-00054 State Treasury
Other contact details: [email protected]

3. Data protection officer

[email protected]

4. Legal basis and purpose for processing of personal data

According to the agreement between the State Treasury and VR-Yhtymä Oy dated 11 November 1997, the State Treasury will, as of 1 January 1998, handle the processing and payment of compensations for accidents affecting certain persons, as caused by the use of certain railway routes or otherwise under the responsibility of Valtionrautatiet.

The processing is based on the Railed Vehicle Liability Act (113/1999), Act on Liability for Damage Caused by Railway Use (8/1898) and the Tort Liability Act.

The purpose of the processing is to resolve claims for compensation based on the aforementioned statutes.

The data in the register is used to issue decisions on the aforementioned matters, send letters of enquiry and pay compensations. Various statistics are also compiled based on the register data.

5. Information content of the register

Accident information: accident number, commencement date of proceedings, date and municipality of incident, name of recovery company and accident number, date of death of the person through whom a benefit is derived and the recipient, start date and type of continuous compensation, degree of incapacity to work.

Details of the injured party and recipient: name, personal identity code, nationality, language, date of death, address, bank account number and withholding tax rate including income limits.

All injured parties receive continuous compensation for loss of earnings or maintenance income, which is why the monthly amount of the continuous compensations, including any applicable period-specific deductions, is recorded in the system.

The printouts may contain the details listed above and, on a case-by-case basis, the amount of compensation and information on the injured person’s health or financial status.

Materials other than decisions to extend compensations have not been collected in the register.

The body of the document register is formed by documents provided by VR-Yhtymä Oy to the State Treasury (e.g. applications, court decisions, VR’s decision, medical certificates, insurance company decisions). The document archive has been supplemented with new medical certificates and insurance company claims as well as individual invoices and court decisions.

6. Normal data sources

The application information (including appendices) were received from VR-Yhtymä Oy between 1997 and 1998.

Extension applications and appendices are received from the applicants and insurance companies.

Additional information (directly from a health care facility, for example) can be requested with the applicant’s consent.

If necessary, the address information is confirmed from the Population Information System (Population Information Act 661/2009, Section 29).

Changes to the personal data of recipients of continuous compensation are received from the Population Register Centre, and they are registered once a week. The Population Register Centre reports changes to personal data (name, personal identity code, address, marital status, date of death, marriage information, spouse’s personal identity code, child’s birth, spouse’s death and spouse’s personal identity code).

The tax authority discloses withholding tax information on compensation recipients.The injured person’s address and personal identity code and details of any changed circumstances are received from the Population Information System.

7. Regular disclosures of data

Data contained by the register is disclosed to interested parties.

Withholding information for the previous month is reported to the tax authorities on a monthly basis. The disclosure is based on the Tax Administration’s decision. The tax authority is informed of the previous year’s withholding amounts by person and accrual type in January. The disclosure is based on the Tax Administration’s decision. At the turn of October and November, the tax authority is notified of the compensation amounts to be provided to recipients of continuous compensations in the coming year, in order to ensure the conveyance of updated withholding tax information.

The Social Insurance Institution (Kela) is notified of all compensations that may impact any benefits paid by it, such as income loss compensation and care allowance (National Pensions Act, Sections 85 and 86).

8. Regular disclosures of personal data or transfer of data outside the EU or the EEA

Information is not regularly disclosed or transferred to recipients outside the EU or EEC.

9.  Principles for filing system protection

The register contains confidential materials.

Manual data content received or printed out for the register is stored in a locked room. Unnecessary manual materials are destroyed in a data secure manner.

Only individuals authorised by the controller, who are under obligation of secrecy, have access to the data processed within the information system. Access rights are kept up-to-date by regular inspection, and unnecessary access rights are removed. The information network and terminals containing the register are protected using technical measures.

10. Data storage period / criteria for determining storage period

The stipulations of the Archives Act 831/1994 are observed with regard to the storage of documents.

If the archives service has not specified the documents for permanent storage, the following storage periods will be observed:

100 years for documents regarding personal injury

The storage period for documents regarding compensation is calculated from the date on which the proceedings were initiated.

Data storage periods are governed by what is stated on document storage in the Workers’ Compensation Act (459/2015) and Motor Liability Insurance Act (460/2016).

11. Information about automatic decision-making (e.g. profiling) and information about the logic of data processing and its impacts on the data subject

The processing of the data does not entail automated decision-making.

12. Right of access

The data subject has the right to access their data in the register. Requests should be sent to the registry office.

In the event that the data subject has exercised their right of access less than one year ago, the State Treasury may collect a fee based on the administrative costs caused by the provision of the data.

13. Rectification of data

The data subject has the right to access their data in the register. Requests should be sent to the registry office.

In the event that the data subject has exercised their right of access less than one year ago, the State Treasury may collect a fee based on the administrative costs caused by the provision of the data.

14. The right to object to processing of personal data

The State Treasury processes personal data in order to carry out its statutory duties, and the data subject does not have the right to object to the processing of their personal data

15. Right to restriction of processing

The data subject has the right to restrict the processing of their personal data as specified in Article 18 of the GDPR.

16. Right to erasure

The State Treasury processes personal data in order to carry out its statutory duties (there are other possible reasons for the right to not be available), and the data subject does not have the right to have their personal data removed.

17. Right to lodge a complaint

The data subject has the right to lodge a complaint with a supervisory authority if the data subject believes that their rights have been infringed by the actions of the controller.

18. Other rights

Personal data is neither used nor disclosed for the purpose of direct advertising, distance marketing or other direct marketing, market and opinion research, registers of individuals, or genealogies.

19. Use of cookies

The data system does not use cookies.

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