Doctoral thesis says privacy protection has expanded

Researcher sees Matti Vanhanen's legal action over Susan Kuronen book to be justified

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Protection of privacy has been underscored considerably by Finnish courts in recent years, alongside freedom of speech, says Päivi Tiilikka in a doctoral thesis that she is defending on Friday at the Faculty of Law at the University of Helsinki.
      Her thesis, Sananvapaus ja yksilön suoja: Lehtiartikkelin aiheuttaman kärsimyksen kovaaminen ("Freedom of Expression and Protection of Privacy. Compensating for Suffering Caused by a Newspaper Article") is the first doctoral thesis in Finland on the legal responsibilities of the press.
      "Courts have given more attention than before to the fact that people in the public eye have the right to protect their privacy, if their private lives are not linked with the use of power in society", Tiilikka points out.
      Finnish legal practice has been moulded by decisions made by the European Court of Human Rights, which members of the Council of Europe are obliged to follow.
     
Protection of the privacy of political decision makers is a topical issue in Finland. Prime Minister Matti Vanhanen has submitted a request for an investigation into a book written by his former girlfriend Susan Kuronen which reveals intimate details of the relationship.
      In the preliminary investigation the matter has been examined as a possible case of a violation of privacy.
      Tiilikka feels that Vanhanen's request for an investigation is justified.
      "It is unheard-of that a book is written about a living politician, without his consent, in which ordinary everyday matters related to the relationship are spread out for the whole nation to see."
      The Finnish Prime Minister is perhaps the most important wielder of power in Finland. Defenders of public disclosure of his private life have said that the behaviour of a politician in private can reveal what kind of a decision maker the person is likely to be.
      "Perhaps it can reveal certain facts about a person's character, if he breaks off a relationship via SMS message. But the routines of a dating relationship, and, for instance where and when the couple have had sex, has no bearing on the evaluation of political activity", Tiilikka says.
      Tiilikka has read Kuronen's book. She feels that Kuronen has the right to write about her own life and dating, but not in a way that she violates the privacy of the other party.
     
However, in matters related to the use of power, a politician's right to privacy is at a lower level than that of ordinary citizens. In recent decisions, the Supreme Court has taken the view that the family members and other people close to influential members of society enjoy complete protection of privacy.
      "I feel that in some cases the protection of the privacy of those closest to the politician will inevitably grow narrower. If the spouse of a minister of justice were to commit a crime, in a case in which the identity of the perpetrator would not be made public under normal circumstances, disclosing the identity would be justified."
      The protection of a person's privacy would not necessarily be voided by the fact that a person has a history of revealing personal information in public. The starting point of the law is that consent to reveal private information is revocable at any time.
      "In practice, the matters are legally complicated with respect to singers, announcers, and actors, whose public image is powerfully linked with the disclosure of private affairs."
      What about a politician who openly volunteers information about his or her family to the media. Can such a person later expect the media to remain silent about revelations of adultery?
      "If a person goes public about his or her family, I could well approve of reporting on a divorce. However, it is much more questionable if paper have the right to discuss the reasons for a divorce - infidelity, or jealousy."


Previously in HS International Edition:
  Susan´s book sets off a media feeding-frenzy (7.2.2007)
  Susan speaks out - but not in an exclusive interview (5.12.2006)
  Politics goes entertainment (3.12.2006)

Helsingin Sanomat