(1)
Everyone has freedom of expression. Freedom of expression
entails the right to express, disseminate and receive
information, opinions and other communications without
prior prevention by anyone. More detailed provisions on
the exercise of the freedom of expression are laid down
by an Act. Provisions on restrictions relating to pictorial
programs that are necessary for the protection of children
may be laid down by an Act.
(2) Documents and recordings in the possession of the
authorities are public, unless their publication has for
compelling reasons been specifically restricted by an
Act. Everyone has the right of access to public documents
and recordings.(1)
•
Combined gross enrolment ratio for primary,
secondary and tertiary schools, 2002/03: 107.8
•
GDP per capita (PPP US$) (HDI), 2003: 27,619
•
Total population (millions), 2003: 5
•
Total fertility rate (births per woman), 2000-05:
1.7
•
Under-five mortality rate (per 1,000 live births),
2003: 5
•
Net primary enrolment ratio (%), 2002/03: 97
•
HIV prevalence (% ages 15-49), 2003: <0.1
[<0.2]
•
Undernourished people (% of total population),
2000/03: N/A
•
Population with sustainable access to an improved
water source (%), 2002: 100
Source:
UN Development Program, Human Development Reports
Data
Finland
has a long tradition of open access to government files.
As a Swedish-governed territory, the 1766 Access to Public
Records Act applied to Finland. It was actually introduced
by a Finnish clergyman and Member of Parliament named Anders
Chydenius.(2) This remained in effect until
1809 when Finland came under Russian control. After that,
openness policy continued through a series of laws and decree
on openness and publicity that were periodically adopted
and overruled.(3) When Finland became an
independent country in 1917, the new Constitution provided
for freedom of expression but did not include specific right
of access to documents and the 1919 Freedom of the Press
Law created a general presumption of openness.(4)
This was found to be lacking and in 1939, the first President
of Finland, K.J. Ståhlberg began work on a new law.
He co-drafted a proposal in 1945 which was adopted in 1951
as the Act on Publicity of Official Documents.(5)
It remained in effect until 1999.
The
Act
on the Openness of Government Activities replaced the
1951 act and went into effect on 1 December 1999.(6)
It sets the principle that documents are to be in the public
domain unless there is a specific reason for withholding.
Every person has a right to access any "official document"
in the public domain held by public authorities and private
bodies that exercise public authority, including electronic
records.
Those
asking for information are not required to provide reasons
for their request or to verify their identity unless they
are requesting personal or other secret information. Responses
to requests must be made within 14 days. Petitioners, appellants
and others persons who are party to a matter have a extended
right of access to documents not in the public domain.
Access
to "non-official documents" and documents not
in the official domain such as private notes and internal
discussions are limited and may not be archived. Documents
which contain information on decision-making must be kept.
Preparatory documents are to be entered into the public
domain at the time of decisions, if not earlier.(7)
The
new law codified 120 preexisting secrecy provisions into
32 categories of secret documents that are exempt from release
with different harm tests depending on the type of information.
These include documents relating to foreign affairs, criminal
investigations, the police (including tactical and technical
plans), the security police, military intelligence and armed
forces "unless it is obvious that access will not compromise"
those interests, business secrets, and personal information
including lifestyle and political convictions except for
those in political or elected office. Documents are kept
secret for 25 years unless otherwise provided by law except
for personal information which is closed for fifty years
after the death of the individual. If the release would
"obviously […] cause significant harm to the
interests protected", the Government can extend the
classification another thirty years.
Government
authorities are also required to publish information about
their activities and government meetings are open to the
public. Indices of documents must be maintained. The authorities
must plan their document and computer systems to ensure
easy access to information. Government departments have
their own websites and have been actively promoting e-government
policies.
Appeals
to any denial can be made to a higher authority and then
to an Administrative Court. The Chancellor of Justice and
the Parliamentary Ombudsman can also review the decision.
The Ombudsman handles approximately fifty complaints annually.
Between 1999 and 2002, the Supreme Administrative Court
heard 40 cases under the Act. A review by the Ministry of
Justice found that the number of cases had increased following
the adoption of the new law but no major problems were found.(8)
There
are also sanctions for those who breach secrecy provisions.
Finnish Prime Minister Anneli Jäätteenmäki
was prosecuted in 2003 under the Act and the Criminal Code
for illegally obtaining and releasing documents during the
election campaign relating to meetings between her predecessor
and US President George Bush about Iraq. She was forced
to step down but was found not guilty in March 2004. An
aide to the president was found guilty and fined 80 days
salary.
A
review by the Ministry of Justice in 2003 found that the
act had further solidified openness, especially in the preparatory
stage.(9) It also found half of the authorities
had begun to implement good information management practices.
77 percent said that the revisions of the secrecy provisions
had been successful but there were still some problems over
evaluation of the provisions relating to protection of trade
and professional secrets. The Council of Europe GRECO committee
noted in 2004 that the policy of openness and electronic
access is a key reason for low corruption in Finland:
The
long established system of free access to information
in Finland is probably a key factor to explain why corruptive
practices seem to be exceptional events in the country.
The provisions concerning transparency (mainly the Constitution
and the Act on Openness of Government activities) apply
to all levels of administration and do not only provide
for rights to access to all public documents as a main
rule, but obliges the authorities to proactively supply
information to the public. The GET did not see any sign
that the frequent use of electronic means in public administration
in any way limited the transparency, but rather the contrary.
Finland should be commended for its transparent e-governance
policy. (10)
Finland
signed the Aarhus Convention in June 1998 and ratified it
in September 2004. Access to environmental information is
through the Openness Act. The Environmental Protection Act
requires that monitoring data on the environment be made
public.(11)
The
Personal
Data Act allows individuals to access and correct their
records held by public and private bodies.(12)
It is overseen and enforced by the Data
Protection Ombudsman.(13) Every November,
the tax records of every person become publicly available
and are widely available and published in newspapers.
The
Archives
Act sets rules requiring the retention of important
documents.(14)
2.
See Stephen Lamble, "Freedom of Information, A Finnish
clergyman's gift to democracy", Freedom of Information
Review, No. 97, February 2002.
3.
For an detailed history of Finnish FOI, see Stanley
Anderson, Public Access to Government Files in Sweden, Am.
Jnl of Comparative Law Vol 21 (3). Summer 1973.
4.
Painovapauslaki 04/01/1919. http://www.finlex.fi/fi/laki/alkup/1919/19190001001
(In Finnish)
8.
National Research Institute of Legal Policy, Act on
Openness of Government Activities: Presentation and analysis
of legal practices pertaining to the Act, 2003.
9.
Act
on the Openness of Government Activities: An Evaluation
of its Application by State Administrative Authorities,
2003.
10.
GRECO,
Second Evaluation Round - Evaluation Report on Finland,
Greco Eval II Rep (2003) 3E, 2 July 2004.
1)
Voice and Accountability: 1.50
2) Political Instability and Violence: 1.65
3) Government Effectiveness: 2.06
4) Regulatory Burden: 1.79
5) Rule of Law: 1.97
6) Control of Corruption: 2.53
