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The Law On The Processing Of Personal Data In The Border Guard

Original Language Title: Laki henkilötietojen käsittelystä rajavartiolaitoksessa

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Law on the processing of personal data in the Border Guard

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1 (4.6.2010/479)
Scope

Personal data in the Border Guard should be handled in accordance with the law on personal data (523/1999) Or elsewhere in law, unless otherwise provided for in this Act.

The compulsory military register provides for a compulsory military service (1438/2007) , from the sea rescue register at sea rescue (145/2001) , from a foreign register to a foreign register (180/1997) And police information systems in the law on the processing of personal data (761/2003) (hereinafter ' the Police report on police services . Access to documents and restrictions on access to information and professional secrecy are laid down in the law on public access to documents (18/09/1999) And the Law on the Administration of the Border Guard (15/07/2005) . The processing of personal data concerning the employee is governed by the law on the protection of privacy in employment (759/2004) .

Border controls and border controls are laid down in Regulation (EC) No 562/2006 of the European Parliament and of the Council on the Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), hereinafter referred to as: Schengen Borders Code .

ARTICLE 2 (4.6.2010/479)
Definitions

For the purposes of this law:

(1) The administrative information system The administrative information system referred to in Article 3 of the Police Data Act;

(2) Administrative unit The unit of border guards provided for in Article 3 (1) of the Administrative Code;

(3) Police information system Police information system within the meaning of Article 2 of the Police Data Act;

(4) Police information system Police information system as referred to in Chapter 2 of the Police Data Act;

(5) Maintaining border security Measures to be taken at home and abroad to prevent the violation of the rules on the crossing of the national borders and the external border and cross-border passenger transport to public order and security; , combating cross-border crime and ensuring the security of the border crossing.

ARTICLE 3
Operational information system for the Border Guard

The operational information system of the Border Guard service is a permanent register of personal data, intended for the national use of the border guard service, for the purpose of the national use of the computerised system. Are:

(1) examination and service aid registries;

(2) the licensing register;

(3) the register of supervisors;

(4) the register of border guards suspected of committing a crime;

(5) a security repository;

(6) the Military Justice Register;

7) the Disciplinary Register.

(19/04/2013)

The personal register kept by the Border Guard headquarters may be carried out as a technical component of the operational information system for the border guard. Part of the operational information system of the Border Guard can be implemented as a technical part of the police information system.

§ 4
Other personal register of border guards

In addition to the register of persons referred to in Article 3, a necessary register of persons may be set up within the border post office:

1) the national use of the corps of border guards;

(2) the use of administrative units or administrative units;

3) For the purposes of the task force set up in the Border Guard.

§ 5
Establishment of a personal register, controller and control of the processing of personal data

The establishment of a register of persons shall be decided by the headquarters of the Border Guard if the register is intended for the national use of the border guards. Unless otherwise specified or prescribed, the establishment of an additional personal register shall be decided by the Administrative Department. The management unit established by the register shall be the controller. (30.12.2013/1230)

The establishment of a personal register shall be taken in writing, including the registration document referred to in Article 10 of the Personal Data Act and the plan for archiving and disposing of data. An end to the use of a personal register shall also be taken in writing, including a plan for the archiving of the data still in the register and the destruction of data to be destroyed.

Compliance with the provisions on the processing of personal data in the Border Guard, in addition to the rest of the law, shall be subject to control by the Border Guard Headquarters and the Administrative Department. The establishment and substantial modification of the national identity register shall be notified to the Data Protection Supervisor no later than one month before the establishment or amendment.

ARTICLE 6
Information necessary for planning and carrying out the task provided for by the Border Guard

In the Border Guard, notifications, orders and orders are received and sent to protect and protect people, property and the environment. For the purpose of planning, carrying out and monitoring such tasks, the national register of personal data of the border guards shall provide the necessary information:

(1) the standing and the persons participating and participating in the task;

(2) information relating to units performing rescue, police, customs, social and health functions, such as readiness, invitation, management, equipment, function area, size and composition as well as other relevant information;

(3) the time and manner of the notification, order or order, as well as the content of the telephone identification and address data, as well as a recording or equivalent technical record;

(4) the name and the acknowledgement of the identity of the consignee and the depositary of the notification, order, order or mission;

(5) the identity, identification or date of birth, sex, mother tongue, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, nationality, The home country, stateless, domicile, address and telephone number or other similar information, access to the case and identification of the subject;

(6) information on the function or measures, such as the statement of events and measures, time, place, urgency class and hazard, as well as any other relevant information relating to the individual task;

(7) information necessary for the safety or safety of the person who is the subject of the measure or for the safety of the person carrying out the operation, such as information on the danger or unpredictability of the object or person.

§ 7
Investigation and administrative assistance register

The investigation and administrative assistance register may contain information necessary to deal with the police law (872/2011) Chapter 1 of the Within the border guards referred to in paragraph 1 (1920/2005) Or elsewhere in law, in order to carry out the duties provided for by the Corps. (12/01/876)

The registry shall be allowed to deposit an investigation, other investigation, other measure or coercive measures, as provided for in Article 27 of the Border Guard Act, by a suspected person or by a border guard, as provided in Article 27 of the Border Guard Act. The identity of the person, the notifier, the witness or the identity of the person concerned, or otherwise relevant, for the purpose of the information system for the purposes of the information system: the names of the person, the date of birth, Identity number, gender, mother tongue, nationality, Stateless, nationality, home country, country, country of birth, birth country, home municipality, home municipality, profession, address and telephone number or other contact information, information on the death or death of a person, customer number assigned by the authority, The names and address of the parents of a foreign person, the particulars of the person's travel document, the figure, other necessary information relating to entry and crossing of the border, and the information necessary for the identification of the legal person. (30/06/2012)

In addition, in the border guard law referred to in Article 1 (1) of Chapter 1 of the Police Act, or any other necessary information obtained for the purpose of carrying out the tasks provided for in the law, the register shall be included in the register:

1) for the purpose of carrying out investigative and ancillary tasks, to record and collect information relating to these tasks in the pre-trial files; (10805/2011) Within the meaning of Article 27 of the Statute of the Border Guards Act, in the context of the operations of the border guard or in the service or in the case of the (2006) Information received in the context of application ( Investigation and official assistance information ) As follows:

(a) number, date and place of notification of the offence or any other event, notification period, offence and other headings, limitation period for the criminal offence of the most serious offence, investigative service, investigators, state of inquiry, border guards Decisions taken to terminate the case, the identification of the prosecutor's or the court's decision, and the information whether the person has been convicted, not prosecuted or punished, dismissed, dismissed as inadmissible, and Information on the validity of the solution;

(b) information on the means of coercion, the measures taken by the Corps of Border Guards and the stages of the investigation and other investigations;

(c) information on the necessary descriptions, circumstances and individuals related to the mission, operation and event of other border guards;

(d) for the purpose of classifying and analysing the ways in which criminal offences are carried out, information describing the classification of the perpetrator, the case or the act, as well as the information necessary for the collection and technical investigation of criminal offences;

(2) in order to control the surveillance of the authorities carrying out investigations and border controls, information on the urgency of the matter, the prevention of an incident, the prevention of criminal offences, the maintenance of border security or, for investigative reasons, in particular: Information ( Information information );

(3) information on events or persons who may, due to circumstances or threats or other behaviour of a person, be reasonably assessed by the border guards or to the border guards; Of criminal activities ( Observation data ).

(30/06/2012)
§ 8 (30.12.2013/1230)
Register of authorisations

The register of permits may contain information necessary to deal with the tasks set out in Chapter 1 (2) of the Law on Police Law in the border guards or elsewhere in the law.

The register shall provide the necessary information for the purpose of the information system for the purpose of the information system: the names of the person, date of birth, identification number, gender, mother tongue, nationality, stateless status, Nationality, home country, marital status, birth country, birthplace, home municipality, profession, address and telephone number or other contact information, information on the death or death of a person, customer number assigned by the authority, foreign person Parents' names and address, person's travel document Information, photo, other necessary information relating to entry and crossing of the border, together with the information necessary for the identification of the legal person.

In addition, in the border guard law referred to in Article 1 (2) of Chapter 1 of the Police Act, or any other necessary information obtained for the purpose of carrying out the tasks provided for in the law, the register shall be included in the register as follows:

(1) information on the application, authorisation, opinion, notification and decision concerning the border zone, border crossing permit and other authorisation to be given by the border guard service; Border guard authorisation information );

(2) information on border zones and other notifications for border guards within the Border Guard Act ( Border guard reporting information ).

The data deposited in the register may be used for the purposes of border control provided for in the Schengen Borders Code.

§ 9
Register of surveillance matters (30.12.2013/1230)

The register of control matters may contain information necessary to deal with the tasks assigned to the Border Guard Act or elsewhere in Chapter 1 of Chapter 1 of the Police Act in order to carry out the duties provided for by law. (30.12.2013/1230)

The register shall provide information on the identity of the person for the purposes of its intended use: the names of the person, date of birth, identification, gender, mother tongue, nationality, Stateless, nationality, home country, country, country of birth, birth country, home municipality, home municipality, profession, address and telephone number or other contact information, information on the death or death of a person, customer number assigned by the authority, The name and address of the parents of the foreign person, The particulars of the travel document, the figure, other necessary information relating to entry and crossing of the border, and the information necessary for the identification of the legal person. (30/06/2012)

In addition, in the border guard law referred to in Article 1 (1) of Chapter 1 of the Police Act, or any other necessary information obtained for the purpose of carrying out the tasks provided for in the law, the register shall be included in the register: (30.12.2013/1230)

Paragraph 1 has been repealed by L 30.12.2013/1230 .

(2) for the purpose of carrying out the identification, as provided for in Article 31 of the Border Guard Act, persons who are to be caught in a criminal offence punishable by prison, in order to prevent, investigate or prosecute; or For the enforcement of the sentence of imprisonment ( Automatically identifiable information ); (19/04/2013)

(3) for the purpose of the surveillance mission to be carried out by the border guard at sea, the necessary information on maritime transport and the location of watercraft and the Finnish economic zone law; (1058/2004) For the purpose of carrying out the control tasks assigned to the Corps of Border Guards, information on the decisions, notifications and provisions referred to in that law ( Information on maritime and economic zones );

(4) information on movements and location of persons and vehicles in the vicinity of the border to be carried out at the borders of the border guard ( Country and maritime border control data );

(5) in order to control entry and exit, and the imposition of a penalty fee on passengers and crew in cross-border passenger transport and on the non-disclosure of information and the imposition of a penalty fee ( Personal data on border traffic );

(6) For the purpose of monitoring and monitoring detention periods, and in order to ensure the safety of custody and to verify compliance with the provisions on the admission of foreign nationals, the (2003) On the detention of a foreigner ( The particulars of the aliens detained ); (4.6.2010/479)

7. To carry out border inspection tasks and to record the necessary information on the carrying out of border checks ( Border inspection information ); (4.6.2010/479)

8) information to be registered at border crossing points referred to in Annex II to the Schengen Borders Code ( Information referred to in Annex II to the Schengen Borders Code ), unless they are entered in another register. (4.6.2010/479)

ARTICLE 10 (30.12.2013/1230)
Use of police passenger registers for border guards

Article 14 (1) of the Police Information Act concerning the right of the Border Guard to deposit police personnel registers in border guards or elsewhere in law in order to carry out the tasks provided for by law Paragraph 4, paragraph 4.

The Border Guard shall be responsible for the accuracy of the information stored in the police records of the police and the legality of its use in its own activities.

ARTICLE 11
Register of border guards suspected of crimes

The register of border guards suspected of being a criminal offence may include criminal intelligence, surveillance, surveillance and surveillance of the border guards referred to in Article 1 (1) of Chapter 1 of the Police Act, or And information on persons who have reason to suspect that they are guilty or guilty of a crime being investigated by a border guard, which may be followed by imprisonment, or contributing or contributing to the crime being examined by the Corps of Border Guards, Of which may be more than six months In prison, or in a drug use. (12/01/876)

The register shall provide information on the identity of the person for the purposes of its intended use: the names of the person, date of birth, identification, gender, mother tongue, nationality, Stateless, nationality, home country, civil status, country of birth, place of birth, home municipality, domicile, profession, address and telephone number or other contact information, the person's voice and image records and the physical characteristics of the person Identification, information on the death or death of a person, The customer number assigned by the authority, the names and address of the parents of a foreign person, the particulars of the person's travel document, the figure, other necessary information relating to entry and crossing of the border, and the information necessary for the identification of the legal person. (30/06/2012)

The border guards of the border guards suspected of a crime may only be used by border patrol officers assigned to criminal intelligence, criminal analysis and observation missions. The Border Guard Staff may issue a right of access to the register of suspected persons in the border guards of the border police, including police, customs or criminal intelligence and surveillance missions or analysis of criminal information For designated officials. (30.12.2013/1230)

ARTICLE 12
Safety data register

A security repository may contain information necessary to deal with the border guards referred to in Article 1 (1) of Chapter 1 of the Police Law on border guards or security measures and security measures of certain ships and of ports serving them. The law on supervision (485/2004) (hereinafter ' the Maritime security law Of the European Parliament and of the Council. (12/01/876)

The register shall provide information on the identity of the person for the purposes of its intended use: the names of the person, date of birth, identification, gender, mother tongue, nationality, Stateless, nationality, home country, country, country of birth, birth country, home municipality, home municipality, profession, address and telephone number or other contact information, information on the death or death of a person, customer number assigned by the authority, The name and address of the parents of the foreign person, The particulars of the travel document, the image and the information necessary to identify the legal person. (30/06/2012)

The register shall, in addition, provide the information required for the purpose of carrying out the tasks referred to in paragraph 1, other than those provided for in paragraph 2, for the purposes of carrying out the tasks referred to in paragraph 1:

(1) for the purpose of carrying out the duties provided for in Article 5 of that Law, information on security alerts on ships and port facility security threats referred to in Article 5 of that Law, On security incidents, control measures and coercive measures, technical supervision provided for in Article 17 and other information necessary for the operation of the contact point provided for in Article 5 ( Maritime security information );

(2) Article 22 of the Border Guards Act for the purpose of carrying out the tasks provided for in Article 22 of the Border Guard Act concerning measures to combat terrorism and specific situations ( Terrorism data; );

3. Information necessary for the maintenance of border management information on the dispatch of the border guards of the border guards of the border guards of the Baltic States ( Border control data in the Baltic );

(4) information on the activities and composition of the authorities operating in the field of border guards in other countries, as well as contact details ( Contact details of border authorities );

Paragraph 5 has been repealed by L 30.12.2013/1230 .

6) information on the border situation in Finland and the European Union ( Border information ).

ARTICLE 13
Access to a safety data register

The security data register shall be used by the border guards designated for the purposes of criminal intelligence, criminal analysis and surveillance, as well as the border guards working for the monitoring and risk analysis tasks. (4.6.2010/479)

The controller may also provide access to the safety data register for officials and officials assigned to the police, Customs or the armed forces, or to officials assigned to the analysis of criminal information, as well as to the To the officials assigned to the Security Certificate to the extent that those authorities have the right to obtain information from the Border Guard. (30/06/2012)

Article 13a (19/04/2013)
Register of military justice

The Military Justice Register is a permanent register of persons for the national use of the border guards. The register may contain information necessary to address the issue of military discipline and combating crime in the armed forces (255/2014) in Article 27 To investigate the offences referred to.

The register may be stored in a border guard at the time of the investigation of the offence being investigated by a suspect or by a border guard, or as a notifier, as a witness, as a witness or as a lawyer, or as a lawyer; or Information on the identity of the person concerned, otherwise relevant to the purpose of the register: the names of the person, date of birth, identification number, gender, mother tongue, nationality, stateless status, Nationality, home country, civil status, country of birth, The home municipality, home municipality, occupation, rank, service, service, employment and service record, address and telephone number or other contact information, information on the death or death of a person and the information necessary to identify the legal person.

In addition, the register may be stored in order to carry out the investigative tasks referred to in Article 27 of the Act on Military Disciplinary and Anti-Crime Act, in order to record and apply the law referred to in the border guard service The relevant information received as follows:

(1) number, date and place of notification of the offence or any other event, notification period, offence and other titles, limitation period for the criminal prosecution of the most serious offence, investigative management unit, investigators, state of inquiry, The investigating officer, the disciplinary officer, the decisions taken to decide the case and the decision to be taken;

(2) information on the means of coercion and stages of the preliminary investigation;

(3) information on the property which has been lost or taken into custody for the purpose of finding property and restoring its owner or holder;

(4) the person concerned with regard to his own security or the safety of the official of the border police officer;

(5) information on the necessary descriptions, circumstances and individuals involved in the preliminary investigation, operation and event of the border guard.

The register shall contain the data depositor.

Article 13b (19/04/2013)
Discipline solution register

The Disciplinary Register is a permanent permanent register of the border guards. The register of disciplinary decisions shall be regarded as a means of depositing and supervising disciplinary decisions in the military disciplinary procedure, the detection of previous disciplinary decisions and the maintenance of criminal and sanctioning statistics, and the court In order to record the solutions adopted in the field of military proceedings, including disciplinary action. The list of disciplinary solutions may be transferred to the register of military service in accordance with the provisions of the Act on compulsory military service.

The Disciplinary Solution Register shall include a decision on the decisions taken in the course of the disciplinary procedure and on matters dealt with by the prosecutor and the court, the prosecutor's case in the case of a military case, and Decisions taken in the disciplinary procedure. The answer shall be to deposit the name of the relevant authority, the identification of the case and the solution, the solution or information on the outcome of the case and the legal nature of the solution.

In addition to the information referred to in paragraph 2 of the disciplinary procedure, the information referred to in Article 53 of the Act on Military Disciplinary and Criminal Prevention shall be entered in the register of disciplinary proceedings and:

(1) the time when the decision was notified to the party concerned;

(2) information on appeals and decisions taken as a result;

(3) audit marks and measures for the control of disciplinary proceedings;

4) information on the implementation of the sanction.

The register shall be registered in accordance with Article 1 of the Military Disciplinary Office and Article 1 of the Military Disciplinary Act for a person suspected of a criminal offence under the Military disciplinary procedure. The identity of the registered person shall be entered in the register with the person's name, identification number, gender, mother tongue, nationality, domicile and address.

Chapter 2

Specific provisions for the processing of personal data and access to information

ARTICLE 14
Treatment of sensitive information

The information referred to in Article 11 (3) of the Personal Data Act concerning a criminal offence or criminal offence or any other sanction of a criminal offence may be collected and deposited in the personal register of the border guards where the processing of the data is Necessary for the purpose.

The information mentioned in Article 11 (1) and (2) and (4) to (6) of the Personal Data Act concerning racial or ethnic origin, social, political or religious beliefs or trade union membership, health status, illness, On disability or treatment measures, sexual behaviour or orientation, or the need for social care, services, support measures or other benefits in the social care system may be collected and deposited by the border guard Only where the processing of data is: In order to carry out the individual task of the Border Guard.

In addition, information on the health status, illness or disability of the person referred to in Article 11 (4) of the Personal Data Act or the treatment measures or measures to be taken against him may be collected and deposited by the In the personal register where the processing of the data is necessary to ensure the safety of the data subject or the security of the border guard.

The restrictions on the deposit of DNA are laid down in Section 4 of Chapter 9 of the Forced Species Act. (30.12.2013/1230)

Article 14a (30.12.2013/1230)
Handling of additional information obtained by secret means of communication

The use of additional information obtained by secret means of information, as referred to in Chapter 5 of the Police Law, is governed by Article 54 of Chapter 5 of the Police Act and the additional information obtained by secret means of coercion referred to in Chapter 10 of the Law on Forced Instruments. Article 56 of Chapter 10 of the Forced Species Act.

The additional information referred to in paragraph 1 shall be entered in the personal registers referred to in Articles 7 and 11.

§ 15
Processing of non-assigned data

Personal data obtained in the individual task of the Border Guard, which are not related to the task in question, but are necessary in future in the event of any other task likely to arise, shall be collected and deposited by the Border Guard only; In the service auxiliary register within the meaning of Article 7 (3) (3), the register of suspected persons suspected of having committed a criminal offence, and the establishment of a security data register and a management unit or a working party; In the temporary identity register. (30/06/2012)

Where possible, the information on the deposit shall be accompanied by an assessment of the reliability of the reporting agent and the accuracy of the information.

ARTICLE 16
Electronic identifier based on the physical characteristics of the person and its security

The Border Guard shall have the right to receive an electronic identifier attached to the travel document, based on the physical characteristics of a person, for identification of the person and for verifying the authenticity of the document, unless otherwise provided.

The Border Guard has the right to compare the identifier in the document with the person. In particular, when dealing with the physical characteristics of a person in electronic form, the information security shall be handled in particular. The electronic identifier shall not be stored in the passenger register of the border guards, unless otherwise specified.

§ 17
Access to information from the Authority

The Border Guard shall have the right to obtain the information and documents necessary for the exercise of the authority and the public function of the Community and the public, without prejudice to the obligation of professional secrecy, and without prejudice to the obligation of professional secrecy, The provision of information or a document to a border guard or the use of information as evidence is not prohibited or restricted by law.

The decision to obtain confidential information shall be taken by an official who is entitled to detention.

ARTICLE 18
Access to information from a private entity or person

At the request of a border guard, the Border Guard shall be entitled, at the request of a qualified border guard, to obtain the information necessary to prevent or investigate the crime being examined by a member of the Community, the auditor, the Executive Director, the Government Any member or employee without prejudice to any company, bank or insurance undertaking. The Border Guard shall have the same right to obtain the information necessary for the purposes of the investigation referred to in Article 27 of the Border Guards Act, if required by an important public or private interest.

In an individual case, the Border Guard shall have the right, on request, to obtain contact information from the telecommunications company and the Community subscriber from a telex which is not listed in the public directory, or details of the telecommunications address or the telecommunications terminal if: Information is necessary to carry out the task assigned to the Corps. The Border Guard has a similar right to receive distribution information from the post-activity entity. (12/01/876)

The Border Guard shall have the right to obtain information for the authorisation of a private entity and person, as provided for in Article 17.

§ 19 (11.9.2009)
Information on persons crossing the external border

Without prejudice to the confidentiality of information, the Border Guard shall be entitled to receive, in order to prevent, investigate and prosecute the offences under investigation and to maintain border security necessary, Information on the registers of Community and international passenger and vehicle personnel. The information shall also be obtained by means of a technical service, as agreed with the controller.

The driver of a vehicle crossing the border and leaving the external border shall provide the border inspection authority of the entry or exit point with the information on the occupants of the vehicle. The master of a vessel or aircraft, or the owner or holder of a train or any other means of transport, or his representative, shall issue to the border inspection authority of the place of entry or exit, a passenger and crew list, or otherwise known: Persons, passengers and other persons on the means of transport ( Passenger and crew list; ), unless information has already been provided on the basis of Article 20 or 20a. The data may be disclosed through a technical service. (19/04/2013)

The passenger and crew list shall indicate the surname, first name, date of birth, sex and nationality of each person concerned and the nationality and registration of the means of transport as well as the place of arrival and departure.

§ 20
Operator's obligation to provide information on air passengers

In addition to the provisions of Article 19, a natural or legal person carrying out the transport of persons ( Air carrier ) Provide the border inspection authority, upon request, with the information referred to in this Article on the passengers to be transported by an air carrier to an official border crossing through which the persons concerned arrive in accordance with Or leaving the territory of the Member States ( Air passenger data ).

Air traffic passenger data shall include the number and type of travel document used, nationality or stateless, full name, date of birth, border crossing, where the person enters or leaves the territory of the Member States. The territory of the Member States, the code of transport, the time of departure and arrival of the transport, the total number of persons transported by the transport concerned and the initial place of departure. The data shall be transmitted electronically or, if not possible, by other appropriate means. The border inspection authority may deal with the information referred to in this Article and Article 19 in order to facilitate border controls and to combat illegal immigration and illegal immigration and to the border inspection authority.

The information shall be provided immediately after the departure report has been completed. The border inspection authority shall dispose of the information within 24 hours after the arrival or departure of the passengers, unless the information is required for the other statutory task of the border inspection authority. Unless otherwise provided, the data donor shall dispose of the personal data he has supplied to the border authorities within 24 hours of the arrival of the means of transport used for transport to its destination.

§ 20a (19/04/2013)
Operator's obligation to provide information on passengers and crew on ship and train services

A natural or legal person or a natural or legal person engaged in the carriage of persons or goods by water or by rail shall submit to the border inspection authority the passenger and crew information referred to in Article 19 (2) and (3) before: Arrival at the border inspection.

In the case of train traffic, the information shall be provided no later than after the train has left the last station to which it has taken passengers. The obligation to supply ship traffic data shall be subject to the provisions of the Schengen Borders Code and elsewhere.

ARTICLE 21 (19/04/2013)
Sanctions imposed on carriers

Article 179 of the Aliens Act provides for a penalty payment for infringements of the obligation imposed on the haulier under Articles 20 and 20a.

§ 22
Access to information on certain registers and information systems

The Border Guard shall, in addition to the provisions of the Law on Border Guards or any other law, have the right to carry out their duties and to maintain their identity records, notwithstanding the provisions of confidentiality, without prejudice to the necessary information concerning the registers:

(1) the Law on Vehicle Registration (541/2003) In accordance with Articles 15 to 17 of the law; (30/06/2012)

2) panostaelm (219/2000) Article 3 Information for the purposes of monitoring and alerting and detection, detection and detection of criminal offences; (30/06/2012)

Paragraph 3 is repealed by L 30.12.2013/1182 .

(4) from the regional supervisory authorities, the information necessary for the maritime surveillance information systems for the location of watercraft for the surveillance mission to be carried out at sea by the Border Guard;

(5) register of vessels (19/04/1993) , from the register of vessels under construction, from the register of ships under construction and from the historical register, of ships and their owners as well as holders of water control, the maintenance of border security, pre-trial, other The investigation, rescue mission, the mission to maritime security and the imposition of a penalty payment by the haulier;

6) The Law implementing the Common Fisheries Policy of the European Community (139/1994) Information on the register of fishing vessels and the professional fishing register to be kept in connection with it, as well as the information necessary for the catch register and the register of fish trade control, control of water transport, the maintenance of border management, A pre-trial, other investigation, rescue mission, a mission for maritime security and the imposition of a penalty payment by the carrier;

(7) to reach out to persons the necessary information on the processing of personal data in the Criminal Sanctions Agency (10/09/2015) The provisions of the Criminal Sanctions Agency on the information system of the Criminal Sanctions Agency; (17/05/1072)

(8) information necessary by the aviation, fisheries, maritime and civil protection authorities, as well as police, defence, customs and environmental authorities, on vehicles, transport, operational capacity and alerts; The maintenance of border security, pre-trial investigations, other investigations and rescue and at sea or at land borders for the purpose of carrying out the control function to be carried out by the Border Guard;

(9) the information necessary for the traffic information systems of the Ministry of Enterprise, Transport and the Environment and the Ministry of Transport and Communications on traffic control, the maintenance of border security, the pre-trial investigation, other investigations and the transport operator 's The imposition of a penalty payment; (22.12.2009)

(10) the law on accommodation and food (308/2006) The necessary passenger data referred to in paragraph 1 for border control, the carrying out of border checks and the provision of any other task provided for by law by the border guards; (30/06/2012)

(11) maritime transport, its control and the location of watercraft, information systems for shipping and information systems, ship control and support services; Information systems, port traffic information systems and other ship traffic information systems for the purpose of the surveillance mission to be carried out at sea by the Border Guard;

(12) the maintenance of border security, the pre-trial investigation, other investigations, rescue tasks, mission to maritime security, the penalty payment of the carrier and the imposition of an oil emission charge from the fines; Information on the financial penalties and their implementation, as well as information on the national processing system of the National System of Justice and Home Affairs Information on the National System of Public Administration Information, Public Prosecutor or Court of Justice; Ongoing or ongoing criminal matters, and Information on decisions on decisions in criminal matters and on the validity of decisions on decisions in criminal matters, where such information is available; (14.5.2010 /405)

(13) From a commercial register held by the government of a patent and registry office for information relating to traders' declarations and communications on the maintenance of border security, pre-trial investigations, other investigations and the transport operator The imposition of a penalty payment;

(14) information on the maintenance of border security, the prevention, detection, pre-trial and other investigations of criminal offences, of the police and the customs office of Customs, to other border guards in charge of carrying out the tasks for which the information is: Collected and deposited and for other purposes in the cases referred to in Article 25 (1); (30/06/2012)

Paragraphs 15 to 16 have been repealed by L 30.12.2013/1182 .

(17) Information from the Ministry of Foreign Affairs on information systems of the Ministry of Foreign Affairs in Finland, on the staff of the diplomatic mission and consular post of the Member State of dispatch, the institution of the international organisation in Finland and the other international institution in the same situation; For the purpose of carrying out the task provided for in the Aliens Act for the purpose of maintaining border security, pre-trial investigations, other investigations and border guards for the members of the family and individuals concerned; (30/06/2012)

(18) Information systems of the Finnish Immigration Service concerning a travel document, visa, residence, international protection, removal, entry ban and citizenship, on the maintenance of border security, pre-trial, other The investigation and the performance of the duties provided for by the Aliens Act; (30/06/2012)

(19) in the Law on Water Certificates (424/2014) The necessary information concerning the control of waterborne transport, the maintenance of border security, the pre-trial investigation, other investigations, and the owners and owners of the Åland pleasure craft registered in Åland, The rescue mission, the role of maritime security and the imposition of a penalty payment by the haulier; (6 JUNE 2012)

(20) necessary information from the applicant authority in order to provide official assistance;

21) on the Population Information System and the Law on the Certification Service of the Population Register Centre (661/2009) § 13-17 Provided for in the population information system; (30.12.2013/1230)

(22) information necessary for the purpose of carrying out the statutory task of a border guard institution for the purpose of carrying out the statutory task of a person's own safety or a border police officer; By means of a service. (30.12.2013/1230)

Upon request, the Border Guard shall provide information to the relevant controllers on the processing of the information received under paragraph 1. If personal data have been disclosed without asking, the Corps of Border Guards shall immediately verify whether they are necessary for the purpose for which they have been surrendered. (30/06/2012)

ARTICLE 23
Transfer of information to the Border Guard by means of direct deposit (30/06/2012)

The Border Guard may grant the right of access to the register of persons to be entered in the register of persons to be transferred to it by the Border Guard: (30/06/2012)

(1) the judicial, criminal and prison authorities and the central judicial system;

(2) police, customs and military authorities;

3) to the authorities of the diplomatic service; (4.6.2010/479)

4) to the Ministry of Employment and the Economy. (4.6.2010/479)

The border guard shall, upon request, provide the controllers concerned with information on the processing of the information received under Article 1. If personal data have been disclosed without asking, the Corps of Border Guards shall immediately verify whether they are necessary for the purpose for which they have been surrendered. (30/06/2012)

Chapter 3

Use and disclosure of information

§ 24
Use of data for data collection and storage (30/06/2012)

Unless otherwise provided, the National Border Guard Register shall be used by the administrative units of the Border Guard. Only the administrative units or working groups for which the register has been set up shall be used, unless otherwise specified.

For the purposes of carrying out the tasks of the border guards referred to in Article 1 (1) of Chapter 1 of the Police Law, the information contained in the police register of a police officer established directly for the purpose of carrying out the tasks of a border guard may be used by the border guard service if the information is: Are necessary to carry out the tasks of the border guards provided for in Section 1 (1) of Chapter 1 of the Police Act, unless otherwise specified. For the purposes of carrying out the tasks of a corps of border guards as referred to in Article 1 (2) of Chapter 1 of the Police Law, the information contained in the police register of a police officer set up directly for the purpose of carrying out the tasks of a border guard may be used by the border guard service if the information is: Necessary for the performance of the task for which the data have been collected and deposited, unless otherwise specified. (12/01/876)

ARTICLE 25 (30/06/2012)
Use of data for purposes other than data collection and storage

Data from the Border Guard's personal register shall be used for purposes other than those collected or deposited if necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security;

(3) the prevention or detection of an offence punishable by imprisonment;

(4) in order to identify the identity of the border guards, in order to identify the identity of the border guards, which may require verification of identity;

(5) in deciding or giving an opinion on the authorisation or validity of an authorisation, where the authorisation or validity of an authorisation is subject to the reliability, suitability of the applicant or the holder of the authorisation, or any other characteristic of which it is assessed; Require information on the state of health, the use of substances, the use of substances, or any information related to the violent behaviour of the applicant or the authorisation holder.

Data from the Border Guard's personal register may be used for the purposes of judicial control, research, planning and development. In addition, information may be used in training activities if the information is necessary for the purposes of training.

The observation data referred to in Article 7 (3) (3) and the records of the personal register referred to in Article 11 shall not be used to carry out the tasks referred to in paragraph 1 (5) of this Article.

§ 26 (30/06/2012)
Transfer of information to another management unit for the purpose of collection and storage of information

Without prejudice to the confidentiality rules laid down by Chapter 1 of Chapter 1 of the Police Act, the Administrative Service may extradite to the other administrative department for the purposes of carrying out the tasks set out in Article 1 (1) of the Police Act on the national use of border guards. The data of the register of persons established in the restricted use, if necessary for the purpose of carrying out the tasks entrusted to the Corps.

However, the information referred to in Article 15 may be disclosed only where they are necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security;

(3) the prevention or detection of an offence punishable by imprisonment;

4) to prevent and investigate crime and other serious forms of crime within the competence of the European Police Office.

Without prejudice to the confidentiality rules laid down by Chapter 1 (3) of the Police Act, the Administrative Service may extradite the Administrative Service to the other administrative department for the purpose of carrying out the national use of the border guard service provided for in Article 1 (3) of the Police Act. If necessary for the purpose of carrying out the task for which the data were collected and deposited.

The data may also be disclosed by means of a technical service or an information group.

§ 27 (30/06/2012)
Transfer of information to another administrative entity for purposes other than data collection and storage

Without prejudice to the confidentiality rules, the Administrative Service shall disclose to the other administrative unit the details of the identity of the personal register of the border guards established for a limited use, other than the purpose of collection and storage. For a similar purpose if the information is necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security;

(3) the prevention or detection of an offence punishable by imprisonment;

(4) in order to identify the identity of the border guards, in order to identify the identity of the border guards, which may require verification of identity;

(5) in deciding or giving an opinion on the authorisation or validity of an authorisation, where the authorisation or validity of an authorisation is subject to the reliability, suitability of the applicant or the holder of the authorisation, or any other characteristic of which it is assessed; Require information on the state of health, the use of substances, the use of substances, or any information related to the violent behaviour of the applicant or the authorisation holder.

However, the information referred to in Article 15 of the temporary identity register established by the national temporary identity register shall not be disclosed for the purpose of carrying out the tasks referred to in paragraph 1 (5) of this Article.

Without prejudice to the confidentiality regime, information on the identity of the border guards' personal register shall also be made available for use in the field of judicial control, research, planning and development. Information may also be used for training purposes if the information is necessary for the purposes of training.

The data may also be disclosed by means of a technical service or an information group.

ARTICLE 28 (30/06/2012)
Transmission of information to other authorities

Without prejudice to the confidentiality rules, the Border Guard shall be allowed to surrender his/her personal records by means of a technical service or, as a database, information which is necessary:

(1) Transport Safety Agency in accordance with Article 11 (1) (9) of the Vehicle Registration Act, for the performance of the functions of maritime security, for air traffic control and in accordance with Article 48 of the Aviation Act. To assess the conditions for the granting, renewal and withdrawal of authorisation;

(2) Emergency services law (692/2010) (1) in order to carry out the tasks provided for in paragraph 1, in order to ensure primary or occupational safety or to support the relevant service, taking into account the provisions of that law on the limitation of access to information;

(3) emergency services for civil protection;

4) to the Transport Agency for the control of maritime traffic;

(5) police officers responsible for the tasks for which the data were collected and deposited and for other purposes in the cases referred to in Article 25 (1);

(6) the authorities of the defence administration for the purposes of monitoring the territory of Finland and safeguarding its territorial integrity;

7. On the prevention, detection and detection of criminal offences, as referred to in the Act on Military Disciplinary and Crime Prevention, in the armed forces; (26/2014) , and for the tasks referred to in Article 96 (1) (7) of the Military Service for compulsory military service; (19/04/2013)

(8) social services for the purposes of dealing with a foreign livelihood;

(9) Customs controls, the prevention, detection and detection of customs offences, the control of entry and exit of persons and the carrying out of a border inspection, for the purpose of carrying out the challenge and other service; And for purposes other than the collection and storage of data in the cases referred to in Article 25 (1);

(10) to the employment authorities for the purposes of dealing with the issue of a residence permit or a residence permit or a work permit for the trader;

(11) to the Ministry of Foreign Affairs and to the Delegation of Finland for the purpose of dealing with a passport or other travel document, a visa and a residence permit, a residence permit or a residence permit, a residence permit or other residence permit;

(12) For the purposes of dealing with and resolving matters relating to foreign and non-national citizenship, which are laid down by law or regulation, the Office for Immigration shall be responsible for the tasks of the Immigration Office;

13) to the bailiff of the bailiff (705/2007) in Chapter 3, Article 67 For the enforcement of the exit or other enforcement cases;

(14) the law on the prosecution of prosecutors (439/2011) § 25 To the extent prescribed;

(15) environmental authorities for the purpose of preventing pollution from ships and controlling marine pollution;

(16) For batch control falling within its competence, the forestry inspector;

(17) to the health authorities in order to prevent the spread of a contagious disease which is seriously endangering public health;

18) on the prevention of ethnic discrimination, the promotion of good ethnic relations, the protection of ethnic minorities and the status and rights of foreigners, and the monitoring of the principle of ethnic discrimination and trafficking in human beings; Reporting purposes;

(19) as provided for in Article 26 (1) to (3) and Article 27 (1) and (2) of the Ministry of Foreign Affairs.

Without prejudice to the provisions of confidentiality, the controller may make a record of the offence in the register of suspected border guards and the technical use of the security register by the police, the armed forces and the Customs Investigation, Criminal Investigations, or Officials assigned to the surveillance tasks, to officials assigned to the Criminal Sanctions Agency, Criminal Investigations, Criminal Investigations or Observer Mission, with police law (493/1995) Article 8 , as set out in Law 498/2009, as provided for in Law 498/2009, as well as to the liaison officers of the Border Guard and Police Service of the Ministry of Foreign Affairs.

Notwithstanding paragraph 1 (5) and (9), the observation data referred to in Article 7 (3) (3) and the particulars of the register of persons referred to in Article 11 shall not be used for the performance of the tasks referred to in Article 25 (1) (5).

The quality of the data to be disclosed shall be verified and, as far as possible, additional information to enable the recipient to assess the accuracy, completeness, timeliness and reliability of the data. If it appears that incorrect information has been disclosed or that information has been disclosed unlawfully, the addressee shall be informed without delay.

§ 28a (30/06/2012)
Supervision of the processing of personal data and data stored in them

Confidentiality and other protection of the register of persons and information contained in this Act shall be ensured:

(1) giving access only to those who need information to carry out their duties;

(2) ensuring that the use, disposal and other processing of data entered in the register of persons, as well as the criteria for the donation, are recorded in electronic log, data system, law management system, manual diaries or a document;

(3) preventing unauthorised alteration of data and other unauthorised or inappropriate handling of access management, control of use and information networks, information systems and information services, and adequate security arrangements and other Measures.

§ 29
Closure of information

For the right to extradite the personal register of the border guards by means of a technical service, or as an information team, the controller shall decide. (30/06/2012)

In order to ensure data protection and data security, the quality of the data to be disclosed must be taken into account when deciding to give up.

Chapter 4

Disclosure, international cooperation and rights of data subject (30/06/2012)

Withdrawal and archiving (30/06/2012)
ARTICLE 30
Deletion of information necessary for the planning and implementation of the task provided for by the Border Guard

The information referred to in Article 6 shall be deleted at the latest two years after deposit, unless the information is still necessary in the planning, implementation and monitoring of the activities.

The need for further data retention shall be examined no later than two years after the previous verification of the need for information and the re-examination of the data shall be recorded.

ARTICLE 31 (30.12.2013/1230)
Withdrawl of information from the investigation and administrative assistance register

The details of the investigation and administrative assistance register shall be deleted as provided for in Article 22 of the Police Information Act, which provides for the deletion of equivalent information from the police information system.

ARTICLE 32 (30.12.2013/1230)
Withdrawal of information from the register of permits and the register of surveillance cases

In the case of authorisation, the authorisation of a border guard institution shall be deleted 10 years after the date of the decision, lapsing, expiry of the period specified in the decision or entry in the register of information, unless information is provided. Maintenance is not necessary to carry out an individual official function. The notification data of the Border Guard shall be deleted ten years after the entry or entry into the register of information, unless the retention of such information is necessary for the purpose of carrying out an individual mission.

Data on maritime and maritime surveillance data, country and maritime border control data, border inspection data and information set out in Annex II to the Schengen Borders Code shall be deleted after five years in the register of data , unless the retention of the data is necessary for the performance of an individual official function. In the case of border traffic, information on the imposition of penalties shall be deleted ten years after the entry in the register. For the rest, the deletion of personal data on border traffic is provided for in Article 20. The data of the aliens placed in storage shall be erased five years after the entry of the last information on the person.

§ 33
Withdrawal of information from the register of suspected border guards

Ten years after the date of expiry of the last data, the data relating to a person from the border guard of the suspected criminal institution will be deleted.

The need for further data retention shall be examined no later than five years after the previous verification of the need for information, and the re-examination of the data shall be recorded.

§ 34
Withdrawal of data from the safety data register

The safety data register shall be erased after 25 years from the date of the last indication.

The need for further data retention shall be examined no later than five years after the previous verification of the need for information, and the re-examination of the data shall be recorded.

§ 34a (19/04/2013)
Withdrawal of information from the Military Justice Register and the Disciplinary Register

The deletion of the records of the Registry and the Disciplinary Office shall be applied by the provisions of Articles 115 and 120 of the Act on Military Disciplinary and Criminal Prevention, as provided for by Articles 115 and 120 of the Act on the Elimination of On the military justice system and the Disciplinary Office.

ARTICLE 35
Withdrawal of data from other passenger registers of the Border Guard

For the purposes of carrying out the tasks set out in Article 1 (1) of Chapter 1 of the Police Law, the identities of the border guards established for the purpose of carrying out the tasks set out in Article 1 (1) shall be deleted: (12/01/876)

(1) the identity register established at national level after one year after the death of the data subject;

(2) 10 years after the date on which the registration was produced, a measure or an event to be registered by one or more administrative entities or working groups, unless the retention of the data is The need for investigative or supervisory reasons is necessary; no later than three years after the verification of the necessity of the previous information, the need for further data retention will be examined and the data shall be re-examined.

However, personal data shall not be deleted if they are accompanied by a person's personal security or information related to the security of the border guard. The need for further data retention shall be examined no later than three years after the previous verification of the need for information, and the re-examination of the data shall be recorded.

For the purposes of carrying out the tasks assigned to the Corps of Border Guards provided for in Article 1 (2) of Chapter 1 of the Police Law, the data shall be deleted after a year of the death of the data subject. (12/01/876)

§ 36
Invalid information

Notwithstanding the provisions of the Personal Data Act for the correction of incorrect information in the register, the information found to be incorrect may be kept in the course of the corrected information if it is necessary for the data subject, other party or border guards To safeguard the rights of staff. Such information may only be used for that purpose. (30/06/2012)

The information which has been found to be incorrect pursuant to paragraph 1 shall be deleted as soon as the retention of the data is no longer necessary, at the latest five years after the deadline for the removal of the data Termination.

ARTICLE 37 (4.6.2010/479)
Data archiving

The information to be deleted may, if otherwise provided, be archived, unless otherwise specified or in the case of a temporary identity register. Documents to be transferred from the archives and to archives are laid down in the Archives Act (181/1994) .

Provisions on international cooperation (30/06/2012)
ARTICLE 38 (30/06/2012)
Transmission of information in the territory of the Member States of the European Union and the European Economic Area

Subject to the provisions of an international agreement binding on Finland or Finland, the border guards shall have the right to disclose information about the territory of the Member State of the Union of the Member States of the Union and of a State belonging to the European Economic Area The police and other authorities responsible for the protection of the right and social order, the maintenance of law and order and security, or the prevention, detection and prosecution of criminal offences, As follows:

(1) information on the identity of the personnel register of the border guards referred to in Article 1 (1) of Chapter 1 of the Police Act, or in other parts of the law for the purpose of carrying out the tasks provided for by law, where such information is necessary for the purposes of the Carry out the duties;

(2) the identity of the personal register of the border guards established in the border guards law referred to in Article 1 (3) of Chapter 1 of the Police Law, or in other parts of the Law for the purpose of carrying out the tasks provided for by law, where such information is necessary for the purposes of: For which the data were collected and deposited.

For the purposes of carrying out the duties provided for by Article 1 (1) of the Police Act, the information obtained in connection with the execution of an individual task, which is not related to that or other , however, may only be released if they are necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security;

(3) the prevention or detection of an offence punishable by imprisonment;

4) to prevent and investigate crime and other serious forms of crime within the competence of the European Police Office.

Without prejudice to the confidentiality rules, the Border Guard shall disclose to the authorities referred to in paragraph 1 the information contained in the personal register of the border guards for purposes other than their collection and storage, provided that the information is necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security;

(3) the prevention or detection of an offence punishable by imprisonment;

(4) in order to identify the identity of an individual task which necessarily requires verification of identity;

(5) in deciding or giving an opinion on the authorisation or validity of an authorisation, where the authorisation or validity of an authorisation is subject to the reliability, suitability of the applicant or the holder of the authorisation, or any other characteristic of which it is assessed; Require information on the state of health, the use of substances, the use of substances, or any information related to the violent behaviour of the applicant or the authorisation holder.

The information referred to in Article 15 of the temporary staff register of the Border Guard, the information contained in the register of border guards suspected of the offence and the observation data referred to in Article 7 (3) (3) may not be disclosed pursuant to paragraph 3 (5) of this Article. Of the European Parliament and of the Council.

The quality of the data to be disclosed shall be verified and, as far as possible, additional information to enable the recipient to assess the accuracy, completeness, timeliness and reliability of the data.

The data may also be disclosed by means of a technical service or an information group.

ARTICLE 39
Exchange of information abroad (30/06/2012)

The Border Guard shall, without prejudice to the confidentiality provisions, disclose information in its personal data register by means of a technical service or an information group: (30/06/2012)

(1) to the authorities of the Member States of the European Union for the purpose of border controls, border checks or border checks, for the purpose of carrying out border controls, border controls and compensatory measures;

2) International Criminal Police Organisation (I.C.P.O. -Interpol) and the Authority, whose tasks include the safeguarding of justice and social order, the maintenance of law and order and security, or the prevention, detection and prosecution of criminal offences, the prevention of criminal offences, For detection or detection, where such information is necessary for the performance of those tasks; (30/06/2012)

(3) the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, as established by Council Regulation (EC) No 2007/2004 shall be provided for, as well as for the coordination of the operation and pilot project carried out by the Agency in Finland, as provided for in the Regulation; (30/06/2012)

(4) the competent authorities referred to in international obligations in respect of the readmission of persons who have entered and reside illegally in the country concerned for the purposes of those international obligations; (30/06/2012)

(5) to the authorities referred to in the Agreement between Finland and the Soviet Union on the order to be respected at the border between Finland and the Soviet Union and to the authorities referred to in the Agreement on the order of inquiry (SopS 32/1960) for the purposes of the contract;

(6) border controls, border checks and border checks carried out by a Member State meeting the conditions laid down in the Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data (SopS 36/1992); The authorities carrying out compensatory measures for the purpose of carrying out border controls, border controls and compensatory measures;

7. On the protection of individuals with regard to border controls and border checks carried out by a State fulfilling the conditions laid down in the Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data; For.

Information may be made available for purposes other than the intended use of the registers, provided that they are necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security; (30/06/2012)

(3) the prevention or detection of a criminal offence punishable by imprisonment.

Without prejudice to the confidentiality provisions, the Border Guard may disclose information on the acquisition, possession, transfer, import and export of firearms, parts of firearms, ammunition and particularly dangerous ammunition. The State arms control authority, where the disclosure of information is necessary for the purposes of arms control. (30/06/2012)

Article 39a (4.6.2010/479)
Extradition of information and intelligence to law enforcement authorities in the Member States of the European Union

In addition to what is provided for in this law, the transmission of information and intelligence to the authorities of the Member States of the European Union shall be governed by the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union On national implementation of the provisions of the Council Framework Decision on simplification and the Act on the application of the Framework Decision (2006) .

Article 39b (30/06/2012)
The European Union Visa Information System

The Border Guard shall be entitled, through a technical service, to obtain information from the VIS of the European Union for the purpose of carrying out the task laid down by law or directly in a legally binding European Union act as: Regulation (EC) No 767/2008 of the European Parliament and of the Council on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation).

In addition, the Border Guard has the right to access to the European Union's Visa Information System, through a technical service, information on extradition between Finland and the other Member States of the European Union (1286/2003) (2) for the prevention and detection of criminal offences within the jurisdiction of the border guard, as well as access to the Visa Information System (VIS) by the authorities designated by the Member States and by Europol Council Decision 2008 /633/JHA on the prevention, detection and investigation of terrorist offences and of other serious criminal offences is laid down. The information shall be requested through the headquarters of the Border Guard.

Article 39c (30/06/2012)
Some international information systems

The Schengen Information System and the national system of the Schengen Information System are provided for in the Police Data Act.

The processing of data with the European Police Office is governed by the Act on the implementation of certain provisions of the Europol Decision (563/2011) .

Article 39d (30/06/2012)
Processing of information received from another State or an international body

Information obtained from another State or an international body shall be processed in accordance with the conditions laid down by the originator for confidentiality, professional secrecy, restrictions on the use of data, data retention. Extradition and the return of the transferred material.

Subject to paragraph 1, the Border Guard Agency may process the information disclosed to it for a purpose other than that which has been disclosed if the information is necessary:

1) to ensure State security;

(2) to prevent an immediate and serious threat to public security;

(3) the prevention or detection of an offence punishable by imprisonment; or

(4) a judicial or administrative procedure relating directly to the prevention, detection, prosecution or enforcement of criminal penalties.

However, information received from a Member State of the European Union shall not continue to be disclosed to the non-eu State or to the international body without the consent of the Member State of origin, unless the disclosure of the information is Necessary to prevent an immediate and serious threat to the public security of Finland or another State or to the essential interests of Finland and the consent cannot be obtained on time. Data may be disclosed only if the State or international body concerned ensures an adequate level of data protection. The Member State which has disclosed the information shall be informed without delay of any further disclosure.

Upon request, the Border Guard shall provide information to the issuing State or international body on the processing of the data transferred to it. If personal data have been disclosed without asking, the Corps of Border Guards shall immediately verify whether they are necessary for the purpose for which they have been surrendered.

Registered rights (30/06/2012)
ARTICLE 40 (12/01/876)
Inform information processing

For the purposes of carrying out the tasks set out in Article 1 (2) of Chapter 1 of the Police Act, the Border Guard shall provide information on the reporting obligations referred to in Article 24 (1) of the Personal Data Act. This obligation is not required for the purpose of collecting, depositing and handing over the personal data necessary for the performance of the tasks provided for by Article 1 (1) of Chapter 1 of the Police Act.

ARTICLE 41 (30/06/2012)
Right of access

The right to inspect is governed by Articles 26 and 28 of the Personal Data Act. The controller or the administrative unit designated by it shall provide the information for verification purposes. The controller shall demonstrate a sufficient number of persons for the execution of the right of inspection and for the provision of information relating thereto.

When exercising the right of inspection, the registrant shall, in person, present such a request to the controller or to any other border guard authority, to the authority entitled to provide the information and to prove his identity.

ARTICLE 42 (30/06/2012)
Restriction of the right of access

There is no right of inspection at all:

(1) information on the register of border guards suspected of committing the offence;

(2) the data of the security repository;

(3) observation data referred to in Article 7 (3) (3);

(4) information on the identity of persons or persons included in the personal registers of the Border Guard, or on the information used for the purposes of criminal investigation and technical investigations.

The Data Protection Supervisor may, at the request of the data subject, verify the legality of the data relating to the registration referred to in paragraph 1. Moreover, Article 27 of the Personal Data Act provides for restrictions on the right of inspection.

Chapter 5

Outstanding provisions

ARTICLE 43 (30/06/2012)
Transfer of information to the Corps by means of a technical service

At the request of the Corps of Border Guards, the information referred to in this Act may be handed over to the border guard by means of a technical service or an information group.

ARTICLE 44
Obligation to control personal data

Compliance with the provisions on the processing of personal data in the Border Guard, in addition to the rest of the law, shall be subject to control by the Border Guard Headquarters and the Administrative Department.

The provisions on the processing of personal data are also applied in the border guard station automatically to the deposited photos and votes, even if they do not constitute a personal register.

ARTICLE 45
Penalty provisions

Penalty report is punishable under criminal law (39/1889) in Chapter 38, And the sentence in Article 9 of that Chapter.

ARTICLE 46
Specifications, regulations and instructions

The General Council Regulation may, where appropriate, lay down more precise provisions on the information content of the registers, the procedures for the provision of the technical service referred to in this Act, the disclosure of information and the right to inspect And the organisation of electronic services in the border guards.

The Ministry of the Interior's regulation, if necessary, lays down more precise rules on the technical procedure to be followed for the maintenance of the information system, the criteria for the search for information and other conditions and supervision of the use of the system. (19/04/2013)

Chapter 6

Entry and transitional provisions

§ 47
Entry into force

This Act shall enter into force on 1 September 2005.

Before the entry into force of this Act, measures may be taken to implement it.

ARTICLE 48
Transitional provision

The border guards' personal records and the removal of personal data shall be lifted without delay, but no later than three years after the date of entry into force of this Act in accordance with this law. Border Patrol (1920/2005) The repeal of the Law on the Border Guard (19/1999) Articles 31 to 42 of the personal registers shall remain applicable until then.

THEY 6/2005 , 12/2005, EV 92/2005

Entry into force and application of amending acts:

9.11.2007/980:

This Act shall enter into force on 1 January 2008.

Before the law enters into force, measures may be taken to implement the law.

THEY 90/2007 , PVM 4/2007, EV

11.09.2009/689:

This Act shall enter into force on 1 January 2010.

THEY 26/2008 , HaVM 6/2009, EV 82/2009

22.12.2009/1427:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

14 MAY 2010:

This Act shall enter into force on 1 December 2010.

THEY 102/2009 , LaVM 2/2010, EV 21/2010

4.6.2010/479:

This Act shall enter into force on 15 June 2010.

THEY 219/2008 , HaVM 2/2010, EV 27/2010

17.6.2011/750:

This Act shall enter into force on 1 September 2011.

THEY 266/2010 , HVM 38/2010, EV 357/2010

22.7.2011/876:

This Act shall enter into force on 1 January 2014.

THEY 224/2010 , HVM 42/2010, EV 371/2010

9.12.2011/12:

This Act shall enter into force on 1 January 2012.

THEY 92/2011 , LaVM 7/2011, EV 54/2011

30 DECEMBER 2014:

This Act shall enter into force on 1 January 2014.

Before the entry into force of this Act, measures may be taken to implement the law.

Data processing within the meaning of this Act shall be carried out within four years of the entry into force of this Act.

THEY 66/2012 , HVM 26/2013, EV 216/2013

12:30 TO 12:30:

This Act shall enter into force on 1 January 2014.

The data processing referred to in this Act shall be brought into conformity with this law within four years of the entry into force of the law.

SEC 92/2013 , HVM 24/2013, EV 217/2013

6.6.2014/425:

This Act shall enter into force on 1 August 2014.

THEY 14/2014 , LiVM 4/2014, EV 42/2014

19.9.2014/751:

This Act shall enter into force on 1 January 2015. However, Article 20a shall not apply until six months after the entry into force of the law.

The operational information system of the Border Guard shall comply with this law within four years of the entry into force of the law.

THEY 220/2013 , HVM 19/2014, EV 83/2014

7 AUGUST 2015/1072:

This Act shall enter into force on 1 November 2015.

THEY 292/2014 , LaVM 37/2014, EV 366/2014