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The Law On The Administration Of Justice, National Information System

Original Language Title: Laki oikeushallinnon valtakunnallisesta tietojärjestelmästä

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Law on the national information system of judicial administration

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

This law provides for the processing and implementation of judicial proceedings and for the national information system of the Ministry of Justice in the field of research and planning activities, of the data to be deposited, of the data deposited On extradition and other treatment, as well as the obligation of the courts, public prosecutors and legal aid agencies to join the information system and provide information.

ARTICLE 2
Relationship with other legislation

Unless otherwise provided for in this Act, the disclosure of information on the national information system of the judicial administration and the disclosure of the information deposited with it shall be in force, which shall be governed by the law of the authorities (18/09/1999) , and the processing of personal data stored in the information system, in the context of the Personal Data Sheet (523/1999) Provides.

From the criminal record, the bond register, the bankruptcy and corporate restructuring register, the alert register, the business language register, the exit information system and the registers of the enforcement of financial penalties, and The processing of personal data in the Criminal Sanctions Agency shall be specified separately.

This Act shall not affect the processing of a request for information to or transferred to the authority of a judicial authority which relates to the relevant documents in the case before or from the relevant authority or access to information The authority responsible for the diaries or other relevant registers of such matters.

ARTICLE 3
Definitions

For the purposes of this law:

(1) Court The General Court, the General Administrative Court and the Special Court;

(2) Public prosecutor The law on public prosecutors (1997/1997) The public prosecutor;

(3) Judicial authority The Court, the Public Prosecutor and the Legal Aid Office.

L of public prosecutors 199/1997 Has been repealed by L 439/2011 , see L for a public prosecutor 439/2011 ARTICLE 33 .

Chapter 2

Structure and maintenance of the information system

§ 4
General structure of the information system

The national judicial system for judicial administration consists of a system of notification and decision reporting, a national system for dealing with diaries and expertise, and a reporting, statistical and archival system.

§ 5
Obligation to join the information system

The judicial authority shall have an obligation to join the national system of the judicial administration and, through it, transmit notifications and information to other authorities, as provided for in this or other law.

ARTICLE 6
Obligation to provide information to the information system

Without prejudice to the secrecy provisions of the Court, the court or tribunal shall deposit the solution or information on the outcome of its final result in the system of decisions and decisions of the national system of judicial administration, and shall do so on the basis of: The particulars necessary to fulfil the reporting obligation laid down by the law, or to provide the information referred to above for the purposes of the Legal Register Centre for the purpose of marking or transmitting the information; To another authority.

Without prejudice to the confidentiality provisions, the prosecutor and the Legal Aid Office shall, without prejudice to the provisions of the confidentiality regime, deposit or transmit to the central repository the information system of the solution or decision-making system. For labelling purposes.

The decree of the Ministry of Justice provides:

(1) the manner in which the information is transmitted to the information system;

(2) at times when the system must be labelled or otherwise provided;

(3) forms used for the form or transmission of information;

(4) other technical details to be followed for labelling.

§ 7
Responsibilities for the maintenance and development of the information system

The Centre shall be the controller of the national information system of the judicial administration.

The Ministry of Justice shall ensure the development of the national information system for the administration of justice and the organisation of service facilities.

The authority recorded in the national judicial system shall be obliged to ensure that:

(1) the information deposited by it corresponds to the authority's solutions and the entries in its own registers;

(2) the national information system of the judicial administration has made the necessary information necessary to transmit the information; and

(3) the entries have been made in accordance with the technical requirements set by the controller.

Chapter 3

Use of the information system and information content

§ 8
Purpose of the information system

The purpose of the decision-making notification system is to provide information on the decisions of the judicial authorities in order to implement them or to make a mark in the register of the authority or legal aid, and The payment of compensation and the use of information by the prosecuting authorities.

The purpose of the national processing system for the processing and management information is to provide the judicial authorities with information on the organisation, detection and settlement of pending cases and controls, or In order to carry out the development task, as well as to the public on matters relating to the courts.

The purpose of the reporting, statistical and archival system is to produce statistics and other data sets from legal conditions to the Ministry of Justice and to the judicial authorities for the purposes of planning and monitoring activities, as well as The use of research and clearing and settlement services.

§ 9
Information to be stored in the information system

The decision-making and decision-making system shall be subject to the decision of the judicial authority, or information on the outcome thereof, as well as information communicated by the said authorities or deposited in the system by means of a notification obligation laid down by law Implementation.

The national processing system for the management and management information shall include information on pending cases in the judicial authorities, their handling and the solutions adopted.

The reporting, statistical and archival system shall include information on the law-management systems of the courts, the prosecuting authorities, the legal aid agencies, the enforcement authorities and the Criminal Sanctions Agency, and of other processing operations. , as well as information which has been deleted from the system of decision-making and decision-making or the national management system for the management of the diaries and cases, as well as information on the other law of the Centre Of the registers kept under way.

The information system shall be subject to the name of the relevant authority, identification of the case and the solution of the case, the decision of the authority or information on the outcome of the relevant authority, information on the validity of the decision, and Information necessary for the transmission of information.

ARTICLE 10
Personal data to be deposited in the information system

For the natural person concerned, the information system shall, as a basic information, deposit the name of the person, the identification code or, if not available, the date and place of birth, the address and the telephone number or other As well as other information necessary for the purpose of the information system. Any other interested party shall deposit the information necessary for the purpose of the information system.

Only the sensitive information referred to in Article 11 of the Personal Data Act, which shall be deposited in a court diaries or other registers of documents, shall be deposited by a natural person in a natural person. Or arising from the decision of the judicial authority and which are necessary for the execution of the judgment, for the purposes of marking the authority's register or for carrying out the duties provided for by the law of other judicial authorities.

Chapter 4

Use and disclosure of information

ARTICLE 11
The authority of the storage authority to use the information it has deposited

Notwithstanding the provisions of confidentiality, the judicial authority shall, without prejudice to the provisions of confidentiality, use the information it has deposited in the national information system of the judicial administration in accordance with its intended purpose in the performance of its statutory tasks.

ARTICLE 12
The right of the judicial authority to use the information deposited by another judicial authority

Without prejudice to the provisions on confidentiality, the judicial authority shall, without prejudice to the provisions of the technical use made available to it, apply for and use the decision-making and decision-making system of the other judicial authority or the diaries and relevant information Information deposited by the national processing system if:

(1) the authority shall, by law, take such information into account in the clearance and resolution of a pending case;

(2) the information is necessary for the conclusion of the relevant diaries or for the handling of an otherwise pending case;

(3) the transmission of information to the Public Prosecutor's Office in order to carry out its task of monitoring and development.

The Supreme Court, the Supreme Administrative Court and the Prosecutor's Office of the Public Prosecutor's Office may, by means of a technical service provided to them, draw up and use information for the planning and monitoring of the Court of Justice and Public Prosecutor's activities, which the prosecuting authorities Or the courts have deposited the reporting, statistical and archival system.

The Court's right of access to the Court of Justice in order to ensure the homogeneity of case-law is laid down separately.

ARTICLE 13
Access to the Centre for the Reporting, Statistical and Archiving System

Without prejudice to the confidentiality rules, the Office of Justice shall not be allowed to use a settlement or decision notification system or a national system for the processing of diaries and Case Management data, and the reporting, statistical and archiving system Data transferred which, in an individual case, are necessary to ensure the accuracy of the information to be transmitted or to be recorded, or to settle the case provided for by the Court of Justice, if the use of such information is Is provided for by law.

ARTICLE 14
Closure of information

The Court of Justice shall decide on the transmission of information from the national information system of the judicial administration.

The Court of Justice may refer the matter to the relevant authority for access to a request for information relating to a particular prosecutor's office, a judicial aid office or a pending court or case, or a record of which: The Court has been restricted by Article 16 (3).

§ 15
Transmission of information

In addition to the provisions of the law on public authorities' activities, the Legal Register Centre shall, notwithstanding the secrecy provisions, be prohibited from handing over a settlement and decision notification system to the credit institution, credit and To insurance institutions and other persons in need of information for the purpose of granting and monitoring credit, for the purposes of credit data for non-payment, which are legally required to be deposited with the credit data register.

Personal data on criminal acts and penalties placed on a national processing system for the settlement and closing information system and for the management of the Dar and Case Management data may be disclosed to the person concerned by decision-making or assessment of the person For information purposes only if the applicant has the right to obtain such information from the criminal record, unless expressly provided otherwise by law.

The Court of Justice may, without prejudice to confidentiality rules, produce data sets from the system of judicial administration as provided for in Article 21 of the Law on Public Administration.

ARTICLE 16
Disclosure on the basis of public access to information

Notwithstanding the confidentiality of the information provided for in Article 24 (1) (28) of the Law on the Activities of the Authorities, the Office of the Legal Register shall, without prejudice to the confidentiality of the information provided for in Article 24 (1) of the Law on Public Access, give up the national system for the management of the diaries and management information. The basic facts of the trial or any other information of the court's diaries if:

(1) the disclosure of the information to the Court of Justice is in the public domain of the proceedings;

(2) in accordance with paragraph 3, the Court has not restricted access to information on a national processing system; and

3. The application is not based on the person's name or any other person's identity.

Article 16 of the law on public disclosure of information is provided for by a copy or by electronic means.

The Administrative Court may restrict the provision of information, on the basis of public information, from the national system for the management of the diaries and Case Management data from the interested party or any other interested party. Similarly, the General Court may limit the provision of information from an applicant for asylum or an injured party in a criminal case.

The court or tribunal may disclose the information referred to in paragraph 1 in a manner decided by the Centre. It is also possible to provide information to the public by allowing access to information under the supervision of the court's staff at the terminal at its premises.

§ 17
Transmission of information in electronic form

In addition to the rest of the law, the judicial system may disclose information on the national information system of the judicial administration by means of a technical service or by electronic means:

(1) the notification and decision notification system to the Authority for the implementation of the decision of the judicial authority or for the purpose of entering into the register of the Authority;

(2) a decision-making and decision-making system and a national system for dealing with diaries and factual information to the Attorney-General and the Parliamentary Ombudsman for the purposes of judicial review of the judicial authorities; or To design control activities or to deal with a case pending;

(3) in the cases referred to in Article 15 (1) of the decision and decision making system, to those who, as a rule, need information for the granting and supervision of credit or which conduct credit operations.

The Court of Justice may, notwithstanding the provisions of confidentiality, produce and dispose of a decision-making and decision-making system at the request of the Court of Appeal, at the request of the Court of Justice of the Court of Justice of the Court of Justice. (186/1994) , in order to carry out a supervisory function.

The Legal Register Centre may also hand over to the media for editorial purposes, in the form of copies, electronic storage or a technical service, the basic information and other diaries of the proceedings in respect of diaries and factual information. The national court proceedings which are public and which the Court of Justice has not restricted pursuant to Article 16 (3). The information may be disclosed in the manner referred to above, which, within one month of the date of the release of the information, comes before the hearing, or in which the Administrative Court arranges the review, or In the preceding month, or for which the information medium has shown that the information medium has shown that it is monitoring the information system.

Chapter 5

Outstanding provisions

ARTICLE 18
Disclosure of data

The Centre shall remove personal data:

(1) a system of notification and decision reporting within one year from the date of submission to the other authority of the notifications to the other authority for the purpose of the registration of the register, and for a five-year period for the solution or end result thereof After the adoption of a final judgment;

2) a national processing system for diaries and factual information within one year from the date on which a solution has been reached.

The deletion of data deposited in the reporting, statistical and archival system shall be applied, as laid down in or pursuant to the Personal Data Act.

The archiving of data deleted from the information system is valid, as is the case in the archives (181/1994) Provides or provides for the provision.

§ 19
Implementation of the right of inspection and correction of information

The judicial authority shall process and decide on a request for a review of the data subject and for the rectification of the data subject solely to the case and to the relevant authority of the authority concerned and for which the relevant information is relevant. The authority has deposited the judicial administration's national information system.

The Court of Justice may transfer a request to it to the data subject in respect of the implementation of its right of inspection or the correction of personal data relating to himself to the authority of the judicial administration who recorded data on the data subject. The system of decision-making and decision making, or the national system for dealing with diaries and Case Management data.

Notwithstanding the provisions of Article 27 of the Personal Data Act for the right of access to a register of data held for statistical or research purposes, the data subject shall have a right to check if the Court of Justice has been used by the Court of Justice under Article 13 of this Act. Information transferred to the reporting, statistical and archival system on the matter relating to him.

The implementation of the registered right of inspection shall be otherwise applicable as provided for in the Personal Data Act.

Chapter 6

Entry into force

§ 20
Entry into force

This Act shall enter into force on 1 December 2010.

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

ARTICLE 21
Transitional provisions

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

Notwithstanding the rest of the law, the Ministry of Justice may decide that the judicial authority shall accede to the national information system of the judicial administration at a later date, after seven years at the latest. After the entry into force of this Act.

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