Data Ombudsman: data protection bill violates communication privacy

Reijo Aarnio

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Finland’s Data Protection Ombudsman Reijo Aarnio feels that the proposed changes in the data protection law for electronic communications - the so-called Lex Nokia - is a violation of communication privacy.
      “It is a different question, if such a violation is necessary in society”, he says.
      The benefits of the bill in preventing the leaking of corporate secrets are also seen as questionable.
      “If someone is so short-sighted as to think that Lex Nokia will help in a situation in which corporate secrets have already been leaked, then it will fall flat. The milk is already on the floor”, Aarnio says.
     
He feels that the idea behind Lex Nokia is that by setting up tight data security, an employer would not have to look at e-mail sender information.
     
Aarnio says that the focus now should be on legal ways in which an employer might protect corporate secrets.
      Aarnio says that legal means must not exceed an employer’s right to issue orders to an employee. Inspections of employee homes are not allowed, or are any other actions in which everyone with common sense knows that a line is drawn somewhere.”
      One of the most important legal methods in Aarnio’s view is the right to define and classify corporate secrets.
      “I doubt that Finnish organisations give everyone access to corporate secrets. Because of them, the administration has to be built in a completely new way: it is necessary to define how corporate secrets may be used, whom they can be sent to, and who must not get them. All of this is the kind of thing that a good corporate administration should have understood before.
     
Aarnio does not reject the proposed law out of hand.
      “It is true that legal experts say that Lex Nokia gives greater authority to corporations than to officials. However, I have interpreted it in such a way that the bill would not give authority automatically, and that employers must work hard before availing themselves of their rights”, Aarnio says.


Previously in HS International Edition:
  Vanhanen denies knowledge of Nokia threat over privacy legislation (2.2.2009)
  SDP leader wants government to withdraw Lex Nokia (16.2.2009)
  NBI rejects Lex Nokia (11.2.2009)

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