Subject: FW: Administrative fines under the GDPR
From: "Justiitsministeerium"
To: "Justiitsministeerium"
Date: Mon, 15 Jul 2024 16:18:58 +0300

From: Määttänen Laura (UE) <[email-masked]
<mailto:[email-masked]> >
Sent: Friday, July 12, 2024 6:16 PM
To: [email-masked] <mailto:[email-masked]> ;
[email-masked] <mailto:[email-masked]> ;
Dieben, Jan-Kostijn <[email-masked]
<mailto:[email-masked]> >; Lesli Hommik-Callewaert
<[email-masked] <mailto:[email-masked]> >;
Merili Oja <[email-masked] <mailto:[email-masked]> >;
[email-masked]
<mailto:[email-masked]> ;
[email-masked] <mailto:[email-masked]>
; [email-masked] <mailto:[email-masked]>
Cc: Koivu Virpi (OM) <[email-masked] <mailto:[email-masked]> >;
Kantonen Silja (OM) <[email-masked] <mailto:[email-masked]>
>
Subject: Administrative fines under the GDPR

Dear Data Protection colleagues,

I hope you are doing well.

I’m approaching you with a question relating to administrative fines under
the GDPR. As some of you may know, our Ministry of Justice is carrying out
an assessment of whether administrative fines under the GDPR should also
apply to public authorities, and whether this would be feasible in the
light of the Constitution of Finland. A decision on whether legislative
work will be started has not been made yet, but will be made in the light
of the outcome of the assessment. The assessment will include a
comparative section covering a number of other Member States. A similar
assessment is most likely made also in respect of the public authorities
falling within the scope of LED.

My colleagues in MoJ already have access to your legislation. However, it
is more difficult to track down preparatory work (such as explanatory
reports), or find answers to certain questions. We would be grateful if
you could briefly answer the following questions:

*	For those of you who have extended administrative fines to apply
to public authorities,

1.	was there any constitutional analysis behind the decision to
include public authorities?
2.	were there any legal problems faced?

*	For those of you who have excluded public authorities from the
scope of administrative fines,

1.	what were the main reasons for the decision to exclude public
authorities?
2.	in particular, were there constitutional reasons for it?

In addition, in case a constitutional analysis has been made as regards
the possibility to apply administrative fines to public authorities, as
part of the legislative work, we would be grateful for official
documentation (or links to relevant websites), either in English or
original language of the preparatory work.

My colleagues Virpi and Silja (in copy) would much appreciate your replies
by 11 September at the latest.

Kind regards,

Laura

Laura Määttänen
JHA Counsellor

+ 32 473 522 407

[email-masked] <mailto:[email-masked]>

Permanent Representation of Finland to the European Union
Avenue de Cortenbergh 80 B-1000 Brussels

Twitter: @FinlandinEU

finland.eu <http://www.finland.eu/>