Legislative package on intelligence submitted to Parliament
On 25 January, the Government submitted to Parliament four legislative proposals that together form a legislative package on intelligence. The Ministry of Justice has drafted a proposal to amend the Constitution as well as legislation on the oversight of intelligence gathering. Legislation on civilian intelligence has been drafted at the Ministry of the Interior and that on military intelligence at the Ministry of Defence. The preparation of intelligence legislation is part of Prime Minister Sipilä’s Government Programme.
New constitutional limitation would allow intelligence gathering for the purposes of protecting national security
The Government proposes that the Constitution be amended so that provisions on limitations of the secrecy of confidential communications that are essential for protecting national security could be laid down in ordinary law if the necessary preconditions are met. In practice, the amendment would allow the enactment of legislation on intelligence gathering powers.
- Proposal to Parliament for amending the constitutional provision on the secrecy of confidential communications (Ministry of Justice press release on 25 Jan. 2018)
- Read more about the drafting of the legislative package (in Finnish)
Civilian intelligence legislation would give the Finnish Security Intelligence Service new ways to safeguard national safety and security
The Government has proposed the adoption of intelligence legislation in Finland, with the aim of improving our protection capabilities against serious threats to national security. Such threats include terrorism, espionage by foreign states or disruption of critical infrastructure. The Finnish Security Intelligence Service would have new powers for identifying threats and responding to them.
- Civilian intelligence legislation would improve Finland’s national security (Ministry of the Interior press release on 25 Jan. 2018)
- Check the FAQs on civilian intelligence (in Finnish)
- Read more about the legislative drafting of civilian intelligence (in Finnish)
Military intelligence legislation would improve the Defence Forces’ intelligence gathering on international threats
On 25 January 2018, the Government submitted a proposal to Parliament for an act on military intelligence and acts related to it. The proposal would improve intelligence gathering by the Defence Forces related to serious international threats in such a way that the Defence Forces would be given powers for human intelligence, information systems, radio signal intelligence and network traffic intelligence. Military intelligence helps prepare for military threats against Finland and provides support for other authorities.
- Government proposes new legislation on military intelligence (Ministry of Defence press release 25 Jan. 2018, Published in English on 30 Jan. 2018)
Intelligence ombudsman to oversee intelligence gathering
An intelligence oversight system would consist of both parliamentary oversight and a new authority, an ‘Intelligence Ombudsman’, responsible for the oversight of legality. Under the proposal submitted to Parliament, trust in the appropriateness of intelligence gathering and in the realisation of legal protection of individuals would be ensured by efficiently organising the oversight of legality and a strong mandate and powers to the oversight bodies.
- Government proposal on oversight of intelligence gathering to Parliament (Ministry of Justice press release on 25 Jan. 2018)
- Read more about the drafting of the legislative package (in Finnish)