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Privacy policy: Traffic accidents

14 November 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 / 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. Purpose for processing of personal data

The processing is based on the Motor Liability Insurance Act (279/1959 and 460/2016) and the Acton Rehabilitation Compensated According to the Motor Liability Insurance Act (626/1991).

The purpose of the processing is resolving any such claims for compensation for personal and property damage that fall under the responsibility of the State Treasury based on the aforementioned acts.

The data in the register is used to issue decisions on the aforementioned matters, send letters of enquiry, pay compensations and send recovery claims to other parties liable for the damage (insurance companies). Various statistics are also compiled based on the register data.

5. Information content of the register

Accident information: accident number, date of commencing proceedings, time and place of accident, type of accident (person, property, reindeer), type of the vehicle that caused the damage and its registration number, owner and holder, agency code and the driver’s name.

Personal data of the injured party and beneficiary: name, personal identity code or business ID, nationality, language, date of death, address and bank account number.

Withholding tax information: If the person receives compensation for the loss of earnings or maintenance income, the person’s tax rate and applicable income limits will also be stored.

Employer’s information: If the compensation for loss of earnings that has been granted to the injured person is paid to the employer, the employer’s name, business ID, address and bank account number will be stored in the register.

Counterparty’s information: vehicle’s registration number, vehicle type, name of owner, holder and driver, name of owner and holder of other damaged property.

Other information: Compensation ruling and the injured party’s role in the incident. In the event that the person receives continuous compensation for loss of earnings or maintenance income, the annual amount of the continuous compensation, including any applicable period-specific deductions, is recorded in the system.

If the injured party has received compensation primarily based on another insurance policy and the State Treasury pays compensation to the insurance company in question, the name of the insurance company and the accident number are entered in the register.

Printouts may contain the aforementioned and following details on a case-by-case basis: compensation amount, information on the injured person’s health and financial status, account of the accident and the property damage caused.

Information for identifying appeals and statement requests sent to the Traffic Accident Board.

The document-based register contains accounts required to resolve the government’s liability and determine the extent of the damage caused. Documents that clarify the liability include accident reports, investigation report and pretrial investigation record from the police, and the district court’s ruling. Clarifications related to the extent of the property damage include repair invoices or calculations prepared by the vehicle damage inspector for one-time compensations and redemption. Clarifications related to personal damage compensations include invoices from treatment facilities, medical certificates and income accounts. In cases of death, invoices of funeral expenses are included. Furthermore, the documents include statement requests sent to the Traffic Accident Board, the Board’s statements and any questions posed to the State Treasury’s expert doctor and any responses received. The documents also include rehabilitation statements or recommendations and decisions made by insurance companies.

6. Normal data sources

The information required in the processing of the damage is obtained from the damage report provided by the injured or injuring party, the police, health care facility, insurance company or the State Treasury’s occupational accident group.

The vehicle’s ownership information and other relevant details are confirmed from Trafi’s Vehicle Information System (enquiry interface).

If necessary, the address information, personal identity code and relation to the person through whom the benefit is derived (e.g. widow, child) 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).

Details regarding the employment relationship are received from the employer and the Central Pension Security Institution’s registers. Information on the cause of death is received from Statistics Finland in cases of accidental death. The aforementioned details are required to determine the right to compensation.

The tax authority discloses withholding tax information on compensation recipients.

Suomen Vahinkotarkastus SVT Oy, with which the State Treasury has an agreement on accident inspections, sends assessments and calculations on compensation amounts in connection to vehicle damage.

7. Regular disclosures of data

Data contained by the register is disclosed to interested parties.

The Population Register Centre is notified of new persons (personal identity code) who are receiving continuous compensation once a month.

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.

In January, the tax authority is notified of any insurance payments in excess of EUR 1,700 that have been made to self-employed persons.

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).

The Central Pension Security Institution is notified of income loss compensations (LITA benefits) paid to injured persons.

The local register office is notified of compensation sums paid to legally incompetent persons (Insurance Contracts Act 543/1994, Section 70(2)).

The Traffic Accident Board is provided with information on the injured party’s health and financial status for the purpose of receiving a statement (Act on the Traffic Accident Board 441/2002, Section 8).

The health care facility can be provided with any such information on the injured person that are necessary for issuing a payment commitment or obtaining an expert statement needed to resolve the compensation matter (Motor Liability Insurance Act Section 84).

Health information is disclosed to the Vakuutuskuntoutus VKK ry association for the purpose of handling rehabilitation matters.

Details regarding the incident and the injured person’s health, financial status and compensations are disclosed to the insurance company to secure the right to recovery (Motor Liability Insurance Act, Section 82).

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.

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. The application servers are located in the operating service provider’s protected facilities.

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 retaining periods are based on the Motor Liability Insurance Act (Section 85).

11. Information about automatic decision-making 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 controller 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, 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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