Draft government proposal to update civilian intelligence legislation sent out for comments
The Ministry of the Interior has sent out for comments a draft government proposal to update civilian intelligence legislation in response to the changed security environment. The proposal would introduce new powers, including measures to prepare for state-sponsored threats, and clarifying amendments arising from practical needs identified in intelligence activities. Changes are also proposed to the non-disclosure periods for documents. The deadline for submitting comments is in late May.
The Act on the Use of Network Traffic Intelligence in Civilian Intelligence entered into force in 2019. Since then, the security environment has changed rapidly, the cyber environment has become more complex and Finland’s NATO membership has highlighted new legislative needs. The proposed specifications and new powers would strengthen the authorities’ ability to respond to serious threats to national security.
Computer network exploitation targeting state actors
The proposal would introduce a new form of computer network exploitation focusing on state actors. It would allow the Finnish Security and Intelligence Service to obtain information about the operation of information systems used for activities that pose a serious threat to national security. Intelligence collection could target both data stored in systems and communication between system components.
In addition, the Finnish Security and Intelligence Service would be given powers to prevent the use of an information system or interfere with its operation. The powers could be exercised if a system was used outside Finland for activities seriously threatening Finland’s national security.
Changes to intelligence collection methods
The proposal includes changes to network traffic intelligence to ensure it can be used more effectively for countering serious threats to national security. The aim is to update legislation to reflect the current technological operating environment and to clarify the conditions for using intelligence to ensure more targeted intelligence collection and appropriate safeguarding of fundamental and human rights.
Undercover activities carried out in information networks would be developed to enable their use even if individual targets cannot be identified. The proposal would also allow sampling and temporary seizure in connection with site exploitation. This would help the authorities assess, for example, hazardous substances or targets related to hybrid threats.
New supporting role in civilian intelligence for the Finnish Border Guard
According to the proposal, the Border Guard would be given powers to assist the Finnish Security and Intelligence Service in certain operations requiring intelligence collection methods. This would improve cooperation between the authorities in situations calling for the Border Guard’s expertise and capabilities.
Significant extensions to the non-disclosure periods under the Act on the Openness of Government Activities
As proposed, the non-disclosure period for foreign policy documents of the Ministry for Foreign Affairs, the President of the Republic and the Office of the President of the Republic would be extended to 40 years. In addition, the non-disclosure period for documents of the Finnish Security and Intelligence Service, the Ministry of the Interior and military intelligence would be extended to 60 years. The aim is to safeguard Finland’s international relations and prevent the premature release of information that could compromise national security or Finland’s position among its allies and partner nations.
Inquiries:
Johanna Hakala, Senior Ministerial Adviser, tel. +358 295 488 452, Ministry of the Interior