Practice of access to information. Finland has a long tradition of open access to government files, starting from the Worlds oldest freedom of information law that was enacted in 1766, when Finland was part of Sweden. The draft Law is clearly about the transparency and publicity of the ACTIVITIES of officials, not DOCUMENTS only. Having a broader scope is good. (Specialist Heikki Kuutti, senior researcher in Journalism at the Department of Communication,University of Jyväskylä.)

1. “Mechanisms of regulations of state
authorities transparency to the mass media:
the experience of Finland “
Vikes.fi
Project coordinator Jarmo Koponen

2. Rules, regulations and
recommendations

3. ‘Act on the Openness of
Government Activities’
• I have a few remarks, with references to the Finnish ‘Act
on the Openness of Government Activities’, which is
enclosed in English unofficial translation.

4. Journalists are strong players but
Internet has changed the situation
dramatically
• A Journalist is not only one who has been trained
specifically in Journalism. The so-called citizen
journalism is also important. But I think the concept is a
bad one.
• Professionals and ordinary citizens, including activists
receive data from the same sources – from the authorities.
The difference between a professional and enthusiasts is
only the fact that a professional is paid for the work.

5. His Majesty’s Gracious Ordinance Relating to Freedom of Writing and of the Press (1766)
Translated by Peter Hogg // Anders Chydenius and the Origins of World’s First Freedom of Information Act
Over recent decades, Anders Chydenius’ legacy has received increased recognition globally. With the
creation of the United Nations and inter national standards on human rights, the right to information began
to spread. Freedom of information is recognized in international law.
[ http://www.access-info.org/documents/Access_Docs/Thinking/Get_Connected/worlds_first_foia.pdf ]

6. http://julkisuuslaki.fi/

7. In Finland, freedom of information is
connected to the country’s Constitution
Section 12 - Freedom of expression and right of access to information
Everyone has the freedom of expression. Freedom of expression entails
the right to express, disseminate and receive information, opinions and
other communications without prior prevention by anyone.
More detailed provisions on the exercise of the freedom of expression
are laid down by an Act. Provisions on restrictions relating to pictorial
programmes that are necessary for the protection of children may be
laid down by an Act. Documents and recordings in the possession of
the authorities are public, unless their publication has for compelling
reasons been specifically restricted by an Act.
Everyone has the right of access to public documents and recordings.

8. Media Legislation -
International Standards
• “Documents and recordings in the possession of the
authorities are public, unless their publication has for
compelling reasons been specifically restricted by an Act.
Everyone has the right of access to public documents and
recordings.”
• [ http://www.unesco.org/new/en/communication-and-
information/freedom-of-expression/professional-
journalistic-standards-and-code-of-
ethics/europe/finland/media-legislation/ ]

9. The Law on Transparency should
preferably be linked to the fundamental
Freedom of Expression
• In the Constitution of Finland, there is a Section ‘Freedom of
expression and right of access to information’ stating the
fundamental principles of Freedom of Expression and having a
reference to the Act on the Openness. Act on the Openness of
Government Activities
• NB: Unofficial translation © Ministry of Justice, Finland
• [ http://www.finlex.fi/fi/laki/kaannokset/1999/en19990621.pdf ]
• [ http://www.finlex.fi/fi/laki/kaannokset/1999/en19991346.pdf ]

10. Section 12 - Freedom of expression and
right of access to information
Decree on the Openness of Government Activities
and on Good Practice in Information Management
[ http://www.finlex.fi/fi/laki/kaannokset/1999/en19991030.pdf ]

11. Civil society will be the critical player
in a policy debate that has dominated
recent news
• In Finnish legislation there are no privileges for
journalists in accessing public information. Instead,
everyone has the right to access any official document in
the public domain held by public authorities and private
bodies that exercise public authority.

12. Some documents are, however,
excluded from this access
• The Finnish Accessibility Law codified 120 existing
secrecy provisions into 32 categories of secret documents
that are exempt from release according to a variety of
potential harm tests depending on the type of
information.

13. “…UNHCR claimed that giving out information
of the document tended to endanger the
security and operation conditions of its
officials.”
• The resettlement registration form documents of the United Nations High Commissioner for Refugees UNHCR
(RRF documents), which were in possession of the Immigration Service, were connected to the cooperation
between Finland and the UNHCR, and, by virtue of the section 24, subsection 1, paragraph 24 of the Act on the
Openness of Government Activities (621/1999), and in addition, by virtue of the 2 paragraph of the same section
and subsection, they had to be regarded as concealable documents.
• To give out information of the document may have damaged the preconditions of Finland to cooperate with the
international organization in allocating the refugee quotas, because the UNHCR claimed that giving out information
of the document tended to endanger the security and operation conditions of its officials. To issue, at the request the
person the RRF document concerns, the part of the refugee's review of persecution, the registration of an evaluation
made of this review, and the names of the officials who made the decision, was, in the way intended in the section
11, subsection 2, paragraph 1 of the Act on the Openness of Government Activities, against of a very important
public interest.
• [ http://www.finlex.fi/fi/oikeus/kho/vuosikirjat/2012/201203646?search[type]=pika&search[pika]=julkisuus ]

14. In the connection of international intelligence action, the so-
called Rosenholz material and information included in it had
come into the possession of the Finnish Security Intelligence
Service.
• Some journalists submitted a request for documents and information material within the material that was in the
possession of the the Finnish Security Intelligence Service. The Service turned down the request of the journalists.
Consequently, their appeal from the decision of the the Finnish Security Intelligence Service was rejected by the
Helsinki Administrative Court.
• The Supreme Administrative Court got familiar with the information material in the Intelligence Service. It
considered that the material still had a significant role from the point of the functions of the Intelligence Service to
maintain national security.
• The Supreme Administrative Court also stated that, in addition to the information contents of the documents,
attention should also be paid to the way how the Finnish Security Intelligence Service had accuired the possession
of the documents. It had taken charge of the information material as a part of an information exchange between the
intelligent services, which according to the the internationally established manner was intended as confidential, and
it contained limiting clauses related to the use of the material. One could not presuppose that, due to the request for
a document, the Intelligence Service should expressly have inquired its cooperation partner what kind of an attitude
it would have taken up in relation to a possible release of information.
• http://www.finlex.fi/fi/oikeus/kho/vuosikirjat/2011/201100516?search[type]=pika&search[pika]=avoimuus

15. Law of the Republic of Uzbekistan / Article 15. Request
for presentation of information on activities of
governmental authority
• [A request by mass media for obtaining information on
activities of governmental authority, as well as for
organization of interviews with official shall be
considered within the period not exceeding seven days.
• If any request is not related to competence of
governmental authority, then, it, within three days since
registration shall be sent to that authority, which posers
include presentation of requested information and notify
user thereof.]'

16. Finland vs. Uzbekistan ( Kuutti )
• 1. Article 15: These conditions are actually better than those in
the Finnish Act on Openness; shorter respond times and a relevant
respond within two days if the authority does not have information
on the request. In Finland, we have only a general response time of
14 or 30 days.
• 2. Article 16: In Finland, there is no requirement of identifying
the person requesting information; the authority needs to know only
the address where to provide the information. In practice, most
people do identify themselves.
• Is this a problem in Uzbekistan?

17. On transparency of activities of
governmental authorities
•3. The draft Law ‘On transparency of activities of
governmental authorities’ is clearly about the transparency
and publicity of the ACTIVITIES of officials, not
DOCUMENTS only. Having a broader scope is good.
•This is the principle also in the current Finnish law, which
obliges the authorities to divulge information even on
unfinished matters, where no documents exist.

18. Finland vs. Uzbekistan ( Kuutti )
• 4. In the Constitution of Finland, there is a Section ‘Freedom of
expression and right of access to information’ stating the
fundamental principles of Freedom of Expression and having a
reference to the Act on the Openness. The Law on Transparency
should preferably be linked to the fundamental Freedom of
Expression.
• (I wonder whether Freedom of Expression enjoys constitutional
protection in Uzbekistan as well?)
• 5. Article 2: The impact of international agreements on curtailing
national access to information is a bit unclear. In Finland,
transparency on EU affairs is only related to the EU-wide issues, not
to national EU issues.

19. Finland vs. Uzbekistan ( Kuutti )
• 6. Even in the Finnish law, section 24, begins with the mention
“unless specifically otherwise provided”, which means that a specific
law can overturn the principle of openness in some cases. However,
contrary to the Uzbek draft law, in Finland there is a precise
catalogue of matters that can be subject to secrecy, and only some of
these are strictly secret, while in other cases the authorities can waive
the secrecy on a case-to-case.
• 7. Article 6: This list of Sources of information on activities is a
bit strange. How does the sources matter regarding the transparency?
• 8. The same applies to Article 11: A strange list of official
information.

20. Finnish model: where citizens
interact with decision makers
• Legally guaranteed access to information releases a
journalist from dependency on the information sources.
This only happens if the authorities responsible for
creating and archiving public documentation are obliged
to publicize the lists of documents in their possession,
and if journalists are skillful enough in using these
documents.

21. If you do not have freedom of speech,
there is no democracy
• The demands for productivity in reporting have led to a
situation where the tolerance level of the editorial
organization for uncertainty and idling often remains low,
and emphasis is given to taking care of things at work.

22. Another view of participatory democracy emphasizes
continuous participation by citizens, not just at the
time of elections, and builds on democratic discussion
and debate between all parties on a subject matter.
• For years the information society has served the
youngish, educated male population, for whom it has
been easiest to embrace the new technologies.
• Rapid changes in social media and the Internet in general
put enormous pressure on public agencies to assess and to
use the opportunities offered by social media and reassess
their practices on new experiences and changes in user
behavior.

23. In Finland the ethical guidelines
cover all the media
• The rapid growth and professionalization of the PR business sector
also has a detrimental impact on journalists’ work and its quality.
• Under the influence of time pressure in the newsrooms, journalists
tend to increasingly rely on the material provided by PR sources, and
give up with journalistic filtering or critical evaluation.
• Instead of being seen as restrictions for publishing, ethical guidelines
should be understood as possibilities to report ethically also about
awkward issues.
• http://www.europarl.europa.eu/meetdocs/2009_2014/documents/cont
/dv/study_lastversion_/study_lastversion_en.pdf

24. Project MEDIADEM
• The relatively diverse, balanced and fact based nature of the Finnish
press can be explained by a generally high level of journalistic
professionalism.
• Soon we can read more about project MEDIADEM, a European
research project which seeks to understand and explain the factors
that promote or conversely prevent the development of policies
supporting free and independent media.
• European Media Policies Revisited: Valuing and Reclaiming Free
and Independent Media in Contemporary Democratic Systems
Project duration: April 2010 - March 2013
https://www.jyu.fi/hum/laitokset/viesti/en/research/projects/mediadem

25. Thank you!

26. Next release: Statistical releases will not be
issued in English from these statistics in
2013.
• Description: Municipal elections are held in Finland every four
years. Statistics Finland produces official statistics from the
elections. The preliminary statistics are published on the Internet, in
the StatFin online service and on the statistics pages on municipal
elections as soon as possible starting from the election night. The
second data, or the final data are supplied to Statistics Finland after
the election result is confirmed. After the confirmation of the
election result, the confirmed data corresponding to the preliminary
statistics are released on the statistics pages on the Internet and the
StatFin databases are updated.

27. Official Statistics of Finland
http://tilastokeskus.fi/til/vaa_en.html
• Elections The statistics produced under this topic relate to the results of
general elections, persons entitled to vote, voting, candidates and the elected.
• Statistics European Parliament elections: European Parliament elections
are held every five years in all Member States of the European Union.
• Municipal elections: Municipal elections are held in Finland every four
years.
• Parliamentary elections: Parliamentary elections are held in Finland every
four years.
• Presidential elections: Presidential elections are held in Finland every six
years as direct, popular elections.

28. http://tilastokeskus.fi/til/kvaa/index_en.html
Municipal elections Producer: Statistics Finland
Data: Latest release: One-half of advance voters pensioners
• One-half of advance voters pensioners
• 14 Mar 2013
• One-half of advance voters (49.8%) in the Municipal elections 2012 were
pensioners. Of pensioners entitled to vote, 42.1 per cent voted in advance,
while, on average, only one-quarter of all persons entitled to vote (24.7%)
voted in advance. Advance voting was lower than this in the other groups. In
all, 18.4 per cent of employed persons and 18.2 per cent of unemployed
persons voted in advance. Students and those in the other inactive population
voted the least often in advance. The data are based on Statistics Finland's
statistics on the Municipal elections 2012.