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Privacy policy: Wrongful imprisonment and conviction

14 February 2018

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. Legal basis and purpose for processing of personal data

The processing is based on the Act on Compensation from State Funds for the Arrest or Detention of an Innocent Person (422/1974).

The purpose of the processing is resolving claims for compensation based on the Act in question.

The data in the register is used to issue decisions on the aforementioned matters, send letters of enquiry and pay compensations and agent fees. Various statistics are also compiled based on the register data. These statistics do not contain information that can be used to identify individual applicants.

5. Information content of the register

The information system is used to store the applicant’s name, personal identity code, address, telephone number, profession, language, date of death, nationality, banking details, name and possible business ID of payment recipient, application’s date of arrival, time of and grounds for incarceration, duration and grounds for travel ban, ruling of the court/prosecutor, and the conclusion of the police investigation. If necessary, the person’s tax rate and income limits are recorded.

The printouts specify the aforementioned information as well as the State Treasury’s decision and justifications. The grounds may include information on the applicant’s criminal history, health and financial status.

Documents required to resolve the matter: court ruling, non-prosecution decision, decision to discontinue the pretrial investigation, pretrial record, account of the period of incarceration and travel ban, detainment decisions, receipts of costs, employer’s certificate or other account of the gross amount of income lost, invoice of the agent’s application expenses, power of attorney for recovery

6. Normal data sources

The details in the application and appendices are received from the applicant or their agent.

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).

With consent from the applicant or by virtue of a statutory authorisation (e.g. Section 6(3) of the Act), an official prosecutor or the authority who made the detainment or arrest decision (or their supervisor) may be heard with regard to the application. Information is also received from the Criminal Sanctions Agency, police department / Finnish Border Guard / Customs / courts / employers / tax authority / debt collection authorities.

7. Regular disclosures of data

Data contained by the register is disclosed to the interested party and/or their agent.

The tax authority is notified of any paid income losses.

In the context of information requests, personal details necessary to identify the case are provided to the Criminal Sanctions Agency, police / Finnish Border Guard / Customs / courts / employer / tax authority / debt collection authorities.

With consent from the applicant or by virtue of explicit statutory authorisations, information contained by the application can be disclosed to parties such as an official prosecutor or the police, if hearing them is deemed necessary (Section 6(3) of the Act on Compensation from State Funds for the Arrest or Detention of an Innocent Person).

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 information.

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 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.

Documents archived by another authority are stored only for as long as it is necessary for the processing of the matter.

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 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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