Legislative proposals concerning intelligence collection methods sent out for public consultation
The Ministry of the Interior is requesting views on a draft proposal concerning the use of intelligence collection methods in premises used for permanent residence. The aim is to improve the ability of the Finnish Security and Intelligence Service to safeguard national security.
The proposal would enable the Finnish Security and Intelligence Service to use intelligence collection methods in a strictly limited manner in premises used for permanent residence. Intelligence collection could be targeted at obtaining important information on activities subject to civilian intelligence that seriously threaten national security.
The targets of civilian intelligence are defined in legislation. The Finnish Security and Intelligence Service focuses on the most serious threats to national security. Intelligence collection methods can be used for gathering intelligence on, for example, terrorism and foreign intelligence activities.
The proposal is part of the development of intelligence legislation outlined in the Government Programme. The amendments would apply to the chapter on civilian intelligence in the Police Act. The legislative amendments require that the proposed amendments to section 10 of the Constitution be approved by Parliament and enter into force.
Limited and controlled use of intelligence collection methods
The current legislation completely prohibits the use of intelligence collection methods in premises used for permanent residence. Intelligence collection methods cannot therefore be used in such premises under any circumstances, even in cases involving very serious threats to national security, such as terrorism or espionage.
The Government proposes that this general prohibition be repealed. However, technical observation and extended surveillance would continue to be prohibited in premises used for permanent residence. The use of undercover activities, pseudo purchases and covert intelligence collection would be limited. Their use would be permitted only if entry or stay takes place with the active assistance of the person using the residence. In addition, the proposal would restrict the use of site exploitation and on-site interception. Their use would be subject to a general requirement that they be used only as a last resort. Installation and removal of a device, process or software would be permitted.
Intelligence collection in premises used for permanent residence always requires authorisation from a court. The use of intelligence collection methods is subject to close oversight, and this oversight also applies to their use within the scope of the right to respect for home.
Inquiries:
Juha Vehmaskoski, Ministerial Adviser, tel. +358 295 488 204, [email protected]