PeVL 35/2008 Vp.pdf

The Finnish Parliament's Constitutional Law Committee has issued a statement (PeVL 35/2008 vp) on the Government's proposal for a law on cooperation between the police, customs, and border guard (HE 26/2008 vp). The proposal aims to improve cooperation between these authorities in preventing and investigating crimes. The Committee has considered the proposal and made some observations and suggestions.

The Committee notes that the proposal is significant in terms of the Constitution, particularly with regard to the protection of fundamental rights. The Committee has previously emphasized that public authority should be based on law and that the transfer of public authority between authorities should be done in a way that is consistent with the Constitution.

The Committee considers the proposal's provision on the transfer of tasks between authorities to be acceptable, as it allows for more effective use of resources. However, the Committee suggests that the provision should be clarified to ensure that the transfer of tasks is limited to specific cases and that the transfer of authority is done in a way that is consistent with the Constitution.

The Committee also considers the proposal's provision on controlled delivery (valvottu läpilasku) to be acceptable, but it emphasizes the need for clear regulations on this matter. The Committee notes that the current legislation does not provide sufficient guidance on controlled delivery and that this should be addressed as soon as possible.

The Committee also examines the proposal's provision on the establishment of a temporary crime analysis register (tilapäinen rikosanalyysirekisteri). The Committee notes that this provision is significant in terms of the protection of personal data and that it must be ensured that the register is established and maintained in a way that is consistent with the Constitution and the law. The Committee suggests that the provision should be clarified to ensure that the register is only established for specific purposes and that the data is only used for those purposes.

Overall, the Committee considers the proposal to be a step in the right direction, but it emphasizes the need for careful consideration of the constitutional implications and the need for clear regulations to ensure that the cooperation between authorities is done in a way that is consistent with the Constitution and the law.