2004 freedominfo.org Global Survey Results - Finland
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Section 12 of the 2000 Constitution states:

(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)

Finland has a long tradition of open access to government files. As a Swedish-governed territory, the Swedish 1766 Access to Public Records Act, the world's first freedom of information law applied. It was introduced by a Finnish clergyman and Member of Parliament named Anders Chydenius. (2) When Finland became an independent republic in 1919, its new Constitution was based on the Swedish and included the right of freedom of information. In 1951, the Parliament approved the Act on Publicity of Official Documents, which remained in effect until 1999. (3)

The Act on the Openness of Government Activities went into effect on December 1, 1999. (4) It provides for a general 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.

Access to "nonofficial 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.

The new law codified 120 preexisting secrecy provisions in 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 50 years after the death of the individual.

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. 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.

Finland signed the Aarhus Convention in June 1998. Access to environmental information is through the Openness Act. The Environmental Protection Act requires that monitoring data on the environment be made public. (5)

The Personal Data Act allows individuals to access and correct their records held by public and private bodies. (6) It is overseen and enforced by the Data Protection Ombudsman. (7)

The Archives Act sets rules requiring the retention of important documents. (8)

Notes

1. Constitution of Finland, 2000. http://www.oefre.unibe.ch/law/icl/fi00000_.html

2. See Stephen Lamble, "Freedom of Information, A Finnish clergyman's gift to democracy", Freedom of Information Review, No. 97, February 2002.

3. Act 83/9/2/1951.

4. Act on the Openness of Government Activities, No. 621/99, http://www.om.fi/1184.htm. Decree on the Openness of Government Activities and on Good Practice in Information Management (1030/1999). http://www.finlex.fi/pdf/saadkaan/E9991030.PDF See "Right of Access to Documents: New Finnish Legislation", Freedom of Information Review, No. 92, April 2001.

5. Environmental Protection Act . No. 86/2000.

6. Personal Data Act (523/1999). http://www.tietosuoja.fi/uploads/hopxtvf.HTM

7. Homepage: http://www.tietosuoja.fi/1560.htm

8. Archives Act (831/1994). http://www.narc.fi/Arkistolaitos/a/tiedostot/PDF/The-Archives-Act-831.pdf