Proposal to amend regulation on biometric data in crime prevention circulated for comments
Finland’s Ministry of the Interior has sent out for comments a proposal for amending the regulation on biometric data stored in the registers of the police and the Finnish Immigration Service. An objective of the Government Programme is to strengthen crime prevention and improve the conditions for using biometrics in law enforcement and crime prevention. The Ministry proposes that biometric data could be used in more extensive ways than at present especially to prevent the most serious crimes. Comments should be submitted by 17 March 2025.
The Ministry proposes to amend the regulation so that biometric data could be used to prevent significant danger to life, health or freedom and to prevent, uncover and investigate the most serious crimes. In addition, the police could, to a limited extent, use individual pieces of data to establish identity if a person cannot be reliably identified by any other means.
Biometric data means personal data that result from technical processing, such as facial images and fingerprints, and allow the unique identification of a person. The proposed amendments would apply to the biometric data stored in the passport register and the identity card register of the police and to the biometric data of foreign nationals stored in the registers of the police and the Finnish Immigration Service.
The proposed amendments would extend the right of the police to use biometric data already in their possession. It would not extend the right of the police to collect data. For example, the police could compare biometric data in its registers to data collected as part of investigations into serious crime, such as homicides and serious violent and sexual offences.
Stronger crime prevention as aim
The proposed amendments would improve the possibilities of criminal investigation authorities to identify both suspected offenders and victims of crime. Fingerprint data and automated facial recognition are more reliable ways of identifying a person than other methods.
The benefits of using biometric data in the passport and identity card registers would be particularly pronounced if they help prevent, uncover and investigate the most serious crimes. For example, the significance of image and video data has grown manifold in our increasingly digitalised society.
According to the proposal, biometric data could also be disclosed to other criminal investigation authorities and to the Schengen Information System. In addition, the Finnish Security Intelligence Service and the Finnish Defence Forces could get biometric data when national security is severely threatened.
The use of biometric data is strictly regulated
Fingerprints and other biometric data are sensitive personal data. The Ministry proposes to introduce precise provisions into the regulation on biometric data, detailing the conditions and procedures for using the data in different situations.
In the combating of crime, for example, biometric data could only be used in connection with predefined serious offences. Data could only be used at the request of a public official with the power of arrest or of a commanding police officer of the Finnish Security and Intelligence Service. Only the National Bureau of Investigation would be allowed to compare data after verifying that the request is legal and complies with the conditions for using biometric data. In addition, before using biometric data, the police should always make sure that the person cannot be identified using any other information held by the police.
Inquiries:
Suvi Pato-Oja, Senior Specialist, tel. +358 295 488 379, [email protected]
Katriina Laitinen, Director of Legislative Affairs, tel. +358 295 488 559, [email protected]