FinlandInformation Society Code (Laki sähköisen viestinnän palveluista), Section 136, Confidentiality of Messages and Traffic Data
Tietoyhteiskuntakaari (917/2014), 136 §
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
What it requires
- Process another party's electronic messages and traffic data only with the consent of a party to the communication or where a law allows it. Your own messages and their traffic data, as a party to the communication, you may process (section 136).
- If you receive or learn of an electronic message, radio communication or traffic data that was not meant for you, do not disclose or use its content, its traffic data or the fact that it exists without the consent of a party to the communication, unless a law provides otherwise (section 136).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 349 punishes intentionally processing traffic data in breach of sections 136 to 144 with a fine, unless a more severe penalty is provided elsewhere, and imposes no penalty if the breach is minor. Section 350 refers the penalty for violating the confidentiality of messages to Chapter 38, section 3 of the Criminal Code.
Who enforces it
Enforcement body
The Finnish Transport and Communications Agency Traficom (Liikenne- ja viestintävirasto), whose task is to supervise compliance with the Act unless the Act provides otherwise (section 303).
Settledness
- As of
- Open questions
- Does a party to a call who records it and keeps the recording 'process' its own electronic message within section 136, which lets a party to a communication process its own messages, or does keeping a recording need another basis?
What this law does
Section 3 of the Information Society Code defines an electronic message as information that is transmitted or shared electronically. Section 136 lets a party to a communication process its own electronic messages and the traffic data that go with them, unless the law provides otherwise. Section 136 allows publicly receivable radio communication and its traffic data to be processed unless the law provides otherwise.
Section 136 allows other electronic messages and traffic data to be processed with the consent of a party to the communication or where a law so provides. Section 136 bars a person who has received or otherwise learned of an electronic message, radio communication or traffic data that was not intended for that person from disclosing or using its content, the traffic data or the existence of the message without a party's consent, unless the law provides otherwise.
Section 349 punishes a person who intentionally processes traffic data in breach of sections 136 to 144 with a fine, unless a more severe penalty is provided elsewhere, and imposes no penalty for a minor breach. Section 350 refers the penalty for violating the confidentiality of messages to Chapter 38, section 3 of the Criminal Code.
When LexLint raises it
When your app profile says your app records calls, records text chat or processes voice recordings.
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