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Privacy policy: State’s liability for damages

3 October 2017

1. Controller

Name: State Treasury
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 / Legal Services / 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. Purpose of processing personal data

The purpose of the processing is to resolve claims for compensation that are based on the State’s general liability for damages and fall under the State Treasury’s purview.

The data in the register is used to issue decisions on the aforementioned matters, send letters of enquiry and pay compensations. The register data is used to compile a variety of statistics. These statistics do not contain information that can be used to identify individual applicants.

The processing is based on the Act on State Indemnity Operations (978/2014).

5. Information content of the register

The claimant’s name, address, personal identity code, banking details. If the person is to be compensated for lost earnings, the information to be stored also includes the person’s tax rate and income limits as well as information on compensations from other sources (information on sickness allowance, medication and salary/wages paid by the employer).

The details to be recorded on the incident are the authority that caused the damage, the nature of the damage, and the description and date of the incident

Depending on the damage caused, the decision information includes details on the injured person’s health, financial status and/or the property damage caused. The State Treasury’s decision on the matter is also stored, along with an indication of whether or not the damage to be compensated could have been avoided.

If the matter is processed at a court, the date of the trial and information on the possible appeal are stored in the register. Trial documents are archived.

If an actual or suspected offence is related to the matter, information on the pretrial investigation, consideration of charges or criminal conviction may be stored in the register.

The documents to be archived are the application documents, trial documents, statement from the authority and the claimant’s response to the statement provided. In the case of a personal injury, the medical certificate and information on the processing by the State Treasury’s expert doctor (questions to and responses from the doctor) are stored.

6. Normal data sources

The personal data is obtained from the applicant. If necessary, the address details and personal identity code are confirmed from the Population Information System (Population Information Act 661/2009, Section 29). Taxation information and details on benefits received from other sources are requested from the claimant.

In addition to the data subject, information is also received from the authority indicated as the party that caused the damage. The State Treasury receives any information related to and arising from the trial from the court based on its position (defendant / party to be heard).

7. Regular disclosures of data

Data contained by the register is disclosed to interested parties.

In the event that the matter is to be processed in a court, the State Treasury will disclose the information needed to resolve the matter to the court. The State Treasury can authorise an agent to handle the matter on its behalf during the court proceedings.

If the court decides that the claimant is obliged to compensate the State Treasury for relevant expenses, information on the party liable to pay and the receivable itself will be disclosed to the debt collection authority, as necessary.

The party that caused the damage is provided with the information necessary to implement the right of recovery based on the Tort Liability Act.

A copy of decisions issued by the State Treasury is sent to the Parliamentary Ombudsman. In this regard, the disclosure of the information is based on Sections 4, 6 and 7 of the Parliamentary Ombudsman Act (197/2002).

Statistics for official use are compiled based on the register data. These statistics cannot be used to identify individual persons.

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

Data is not disclosed or transferred to recipients outside the EU or EEA.

9.  Principles for filing system protection

The register contains confidential materials.

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. The application servers are located in the operating service provider’s protected facilities. The actions of the data system users and the authorisation of data access are monitored by means of collecting log data.

Manual data content received or printed out for the register is stored in a locked room which is only accessible by individuals who have been authorised by the controller and are bound by an obligation of secrecy. Unnecessary manual materials are destroyed in a data secure manner.

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 and suffering
  • 10 years for documents regarding property damage
  • at least 50 years for documents related to appeals, with the exception of personal injury, in which case they are kept for 100 years

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

Data subjects are entitled to request corrections to any incorrect information the register may contain on them. Requests should be sent to the registry office.

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 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.

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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