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5.12.2009

Do Finnish government bodies regard the High Administrative Court as a joke?

Tags: Everything — Author:   @ 10:27 pm

The High Administrative Court (Korkein Hallintooikeus) in Finland issued a clear statement on September 9 stating that what Veropörssi is doing is illegal. You can see the text of the statement here in Finnish. The actual court decision is here. In it they emphasize protection of privacy.

In October, after that statement was issued, I sent a web feedback to the Tax Authority (Verohallinto) requesting that they respect my privacy in accordance with the court’s decision, KHO:2009:82, and got a reply, which was a copy-paste of the law regarding the publicity of tax records. And guess what else? Veropörssi is back on the store shelves with the 2010 edition. It seems that the Finnish Tax Authority regards their own Administrative High Court as a complete joke. Also Iltalehti, Iltasanomat, YLE, etc. all have their own lists or databases so the Tax Authority has been selling tax records to the press just as before, even if a court decision came out over a month prior emphasizing protection of privacy.

In October, I also sent an e-mail to the Finnish Data Protection Ombudsman. In it I said that the court decision sounds great and they seem to agree with your stance, and that I would hate to have my taxation personal data end up in publications or the internet once again. The data protection board are the ones that ultimately make the decision, though, like they did before. When the Data Protection Ombudsman try to bring a little order to this tax record publication circus previously, the Data Protection Board completely undermined his efforts by defending freedom of speech/press. Well who wants to try to regulate the quality of journalism? What kind of publishing of tax records is OK and what isn’t? Veropörssi is a lot closer to the traditional definition of journalism than, for example, YLE’s Verokone. Trying to define what is journalism and what isn’t won’t get far. That can eventually end up in the European Court of Human Rights and lose. The simplest approach would be to treat all personal data like personal data, and regard the universal human rights more highly than archaic Swedish governing principles used so the state, church and neighbours could police how much each person was paying. That has no place in modern society, unless the Tax Authority is totally incompetent, of course. In that case we should outsource them anyway. And if the court says that protection of privacy is important, does that mean now, later, 6 months from now, or whenever it is convenient?

If government transparency was working the way it should work, I could easily search and find the yearly budget of the Data Protection Board office, so that people would know how much tax they are paying for people who don’t seem to be willing or interested in really protecting their personal data, but instead defend people selling and publishing it with “freedom of speech/press” or bicker about what is journalism and what is not. It’s probably a lot of money, money Finland probably doesn’t have to waste. And more is about to be wasted on upcoming court cases, now that noone seems to have paid any attention to the High Administrative Court’s verdict.

I was told by an involved government official that I should file charges with the police. I am not sure who is guilty and who to file the charges against. When the government bodies treat a decision from their own High Administrative Court as a joke, one is not really sure where to turn anymore. Maybe all national remedies have been exhausted and the only place left is the European Court of Human Rights. They might find a case like this interesting for a change. The cases coming out of Finland in the ECHR have mainly dealt with the long length of court proceedings. A clear, serious Human Rights offense case they might find rather engaging. (the right to  protection of one’s private and family life)

PS, according to a priest friend of mine, you can calculate if people belong or don’t belong to one of the official churches (Lutheran or Orthodox) by calculating their tax percentage vs. income. I haven’t verified that myself. At least you can probably quite clearly see, however, people who have left the official churches during sequential tax periods.  How about a “Luopiopörssi”? Heh, heh imagine that.  If that’s true, I don’t think privacy protection (or lack thereof) gets much worse than this.

  • Anonymous

    Honestly,I don’t know who rules this country?

  • http://loistava.info hlehto

    You probably can’t deduce the church tax status unless the person in question does not have any tax deductible costs (for example, commuting, loan for apartment) and is paying the absolute maximum for that income level. Then you can figure that the person pays the church tax too. I’d say that is a rare case.

    You can’t tell for certain that someone does not belong to a church that has taxation rights based on the tax percentage.

  • Winter (Go Protons, Cancer in remission, will soon be removed from “Dead Man Walking” video.)

    gee, you live in a Nanny State, get over it

    you have no rights, you gave them up, plus 60% of your income.

    Its called SOCIALISM…….. geeeeeeeeeeeeeeee

  • Anonymous

    Well, both the court decision and the press release explicitely say that the case (and thus decision) was not about the publicity of tax records nor about the right to publish them.

    The case is only about the handling of personal data by Satakunnan Markkinapörssi Oy, not about any wrong-doing of the Tax Authority (which may or may not be happening).

    Also, according to the decision the case was handed back to Data Protection Board.

  • http://q-funk.iki.fi Martin-Éric

    Given how both the government and the courts here are a joke, I’m not surprised that they’d end up disregarding each other.

  • Anonymous

    > I was told by an involved government official that I should file charges with the police. I am not sure who is guilty and who to file the charges against.

    You file against unknown and the state attorney figures it out for you.

  • Hank W.

    I told you so when the decision came out it had nothing to do with your wishful thinking interpretation of what it was saying. It had nothing to do with the principle of the publicity of tax records – it was about handling and refining the data – especially offering a SMS service – again nothing to do with publishing the data in a printed paper. And the KHO had asked for the EU court ruling as well. It says there “Päätös ei koske verotustietojen julkisuutta eikä oikeutta julkaista niitä.” – which part of “ei” do you not understand?

  • Fat Bastard

    Sirkuspelle, why don’t you flog that horse carcass a little bit more. Maybe it’ll come back to life and start pulling your whinecart once again. You never can tell…

  • Norbert

    The Marxist state of Finland disrespecting the people again. (sigh)

  • rr

    Hank W. nice to see you trolling again. Haven’t gotten any smarter, have you?

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