Questions and answers about civilian intelligence legislation

Civilian intelligence legislation defines the work of the Finnish Security and Intelligence Service to prevent threats to national security. Legislation defines the threats on which the Finnish Security and Intelligence Service may collect intelligence. Civilian intelligence powers are only available to the Finnish Security and Intelligence Service and they can also be used abroad. 

Intelligence powers can be used only to collect information on the most serious threats to national security.

Intelligence collection methods may be used to obtain information on:

1. terrorism
2. foreign intelligence activities
3. design, manufacture, distribution and use of weapons of mass destruction
4. design, manufacture, distribution and use of dual-use goods referred to in section 2 of the Act on the Control of Exports of Dual-Use Goods
5. activities that pose a serious threat to the law and order of a democratic society
6. activities that pose a threat to the life or health of a large number of people or functions vital to society
7. activities of a foreign state that could damage Finland’s international relations or economic or other vital interests
8. a crisis that poses a threat to international peace and security
9. activities that pose a threat to the security of international crisis management operations
10. activities that pose a serious threat to safety when Finland provides international assistance or is involved in other international activities
11. international organised crime that poses a threat to the law and order of a democratic society. 

The general precondition for the use of an intelligence collection method in civilian intelligence is that its use is essential for obtaining important information on any of the activities included in the list above that seriously threaten national security.

Intelligence is an essential function for the protection of national security. Its objective is to identify threats in advance so that they can be combated. In other words, the Finnish Security and Intelligence Service produces information to prevent threats. 

The competence of the authorities is always based on law. Civilian intelligence legislation makes it possible to obtain information on activities that pose a serious threat to national security, that do not constitute an offence and that are carried out by unknown persons or actors. 

In recent years, Finland's security environment has changed significantly and become digitalised. Almost without exception, the most serious threats to national security are of international origin or have links abroad. For this reason, it is important to have the powers to obtain information abroad and to use network traffic intelligence.

The Ministry of the Interior set up a project in December 2023 to revise civilian intelligence legislation with respect to intelligence powers and the right of access to information and disclosure to meet the demands of the changed security and cyber environment. 

The aim is to amend the provisions on firewalls to enable the sufficient disclosure of intelligence gathered by the Finnish Security and Intelligence Service to the police and other public authorities that have the power to intervene concretely in activities that pose a serious threat to national security detected by the Finnish Security and Intelligence Service.

The intelligence powers of the Finnish Security and Intelligence Service will be updated to keep pace with technological advances. The goal is, among other things, to enable intelligence collection targeted at device and system chains and enable intelligence activities to make use of search criteria targeted at message content. It will also be assessed whether the use of intelligence powers could be extended to premises used for permanent residence.

Network traffic intelligence is one of the intelligence collection methods used by intelligence authorities. Network traffic intelligence means that an authority can obtain important information concerning serious threats to Finland's national security from network traffic crossing the Finnish border. 

Legislation does not allow general, indiscriminate and all-encompassing monitoring of network traffic. The authority must state the reasons why it is essential to screen specific network traffic during a specified period. It is also required that the information cannot be obtained through other powers. Information obtained in intelligence collection that is not related to the activities posing a threat to national security will be destroyed.

Network traffic intelligence may only be used by the Finnish Security and Intelligence Service and the military intelligence authorities. Decisions to grant authorisation for collecting network traffic intelligence are made by a district court. The Finnish Defence Intelligence Agency is responsible for the technical implementation of network traffic intelligence.

Network traffic intelligence improves the capability of Finnish society to prepare for new kinds of threats. Network traffic intelligence is not used for gathering information on crime. It may be used only to collect information on activities that pose a serious threat to national security if the information cannot be obtained by other means. 

Intelligence provides state leaders with essential information on Finland’s security environment to help support their decision-making on foreign and security policy and enables the authorities responsible for combating the threats to prevent them.

Civilian intelligence aims to obtain information on such activities targeted by intelligence that seriously threaten Finland's national security. It is not part of criminal investigation. Some of the activities that pose a serious threat to national security may, as they proceed, meet the essential elements of a serious offence (e.g. terrorism).

On the other hand, there are also threats that do not constitute any offence, such as potential changes in ownership that could endanger Finland's security of supply.

The Finnish Security and Intelligence Service is not a criminal investigation authority, and therefore it has no powers related to criminal investigations or to the use of coercive measures. However, the Finnish Security and Intelligence Service supports the criminal investigation authorities in the combating of crime.

Under the law, people may get information on the use of an intelligence collection method targeted at them. 

The Finnish Security and Intelligence Service must notify the subject of the use of most intelligence collection methods without delay once the purpose of the intelligence collection has been achieved. Under certain conditions, this obligation may be completely waived or the notification postponed. A court decides on such a derogation. By decision of the court, the notification need not be sent at all if this is essential to ensure national security or to protect life or health.

If a person suspects that they are or have been the subject of intelligence collection, they may also request the Intelligence Ombudsman to investigate the matter. The request for investigation does not need to be specified in detail. Based on the request, the Intelligence Ombudsman must ensure that the Finnish Security and Intelligence Service has acted lawfully.

Intelligence powers are essential for the intelligence authorities to be able to obtain information on activities (such as terrorism) that pose a serious threat to Finland's national security. Nevertheless, it is always possible in an open society that something unfortunate happens despite the efforts of the authorities.

Yes, most other European countries also have legislation on intelligence.

Requests concerning intelligence powers will be centralised at the Helsinki District Court to ensure the best possible expertise. In the Helsinki District Court, the requests are considered by specialised and trained judges with a long experience of dealing with coercive measures. The Court always makes an independent decision on a matter and may, if necessary, also reject a request made by the Finnish Security and Intelligence Service. If the Court considers the case complex, it may hear the case in the composition of two judges. 

The Intelligence Ombudsman is informed of all requests addressed to the Court and has the right to participate in the court proceedings in the matter and to exercise the right to be heard there.

The intelligence activities of the Finnish Security and Intelligence Service are overseen by the independent Intelligence Ombudsman, who oversees intelligence activities in real time. The Ombudsman has exceptionally extensive powers over the intelligence authority. The Intelligence Ombudsman is ultimately able to order that intelligence collection be discontinued if the Ombudsman detects violations in the activities of the intelligence authority.

An Intelligence Oversight Committee has been set up in Parliament to oversee, among other things, the implementation of fundamental and human rights in intelligence activities. The Ministry of the Interior also oversees the legality of the activities of the Finnish Security and Intelligence Service.

The protection of journalistic sources may not be breached by intelligence legislation. Journalists have the right to refuse to testify in a trial on matters related to source protection. For this reason, intelligence collection cannot be used in matters covered by the protection of sources.