Privacy statement of the register of Guardianship Affairs

The Register of Guardianship Affairs

Digital and Population Data Services Agency

Lintulahdenkuja 2, 00530 Helsinki

PL 123, 00531 Helsinki

Telephone (switchboard) 02 9553 6000, email kirjaamo(a)dvv.fi

Contact person in register-related matters

Julia Kokora, Project Manager

Telephone (switchboard) 02 9553 6000, email kirjaamo(a)dvv.fi

Telephone (switchboard) 02 9553 6000, [email protected]

The Register of Guardianship Affairs is kept to supervise the activities of guardians and to safeguard the rights of third parties. Information on guardianship and restrictions of competency are entered in the register under the Guardianship Services Act (442/1999) and the Act on Continuing Powers of Attorney (648/2007).

The personal data contained in the Register of Guardianship Affairs is processed on the basis of Article 6 of the EU’s General Data Protection Regulation. Personal data is processed as part of the provision of the Digital and Population Data Services Agency’s statutory services. The provisions on the Register of Guardianship Affairs are laid down in the Guardianship Services Act (442/1999), the Decree of the Ministry of Justice on Entering

Information in the Register of Guardianship Affairs (238/2011), the Act on Continuing Powers of Attorney (648/2007) and the Government Decree on Continuing Powers of Attorney (942/2007).

Data entered in the Register of Guardianship Affairs must be retained for 10 years after the end of the guardi-anship/continuing power of attorney. Section 68 of the Guardianship Services Act. Section 27 of the Act on Continuing Powers of Attorney.

The following guardianship data is entered in the Register of Guardianship Affairs:

• Name, personal identity code, address and municipality of domicile of the person (client) under guardianship
• Start date of the guardianship
• Name, personal identity code and address of the guardian
• If the guardian’s task is based on the decision of a court or guardianship authorities, start date of the task
• Task of the guardian
• End date of the guardian’s task if the guardian was appointed for a fixed time period;
• Information on the potential restrictions on the client’s capacity to act
• If there are restrictions on the client’s capacity to act, information on the type and start date of the re-strictions
• Information on which authority made the decision to appoint a guardian, the decision on the task of the guardian and on the restrictions on the capacity to act and when the decision was made
• The guardianship authority monitoring the activities of the guardian
• Information on recording which is necessary for the maintenance and use of the register.

The following information on continuing powers of attorney is entered in the Register of Guardianship Affairs:

• Name, address and municipality of domicile of the party giving the power of attorney, the personal identity code of the party concerned, or in the absence of a personal identity code, date of birth
• Name, address and personal identity code of the authorised person (donee), or in the absence of a personal identity code, date of birth;
• Start and end dates for the task of the authorised person (donee) and grounds for the start and the end of the task
• Information on which authority confirmed the power of attorney
• The guardianship authority monitoring the activities of the authorised person (donee)

Guardianship decisions are received from courts in accordance with section 65 of the Guardianship Services Act (442/1999). Under the above-mentioned act, guardianship decisions made by the guardianship authority must be entered in the Register of Guardianship Affairs. In addition, under section 27 of the Act on Continuing Powers of Attor-ney (648/2007), the powers of attorney confirmed by the guardianship authorities must be entered in the Register of Guardianship Affairs.

The personal and other data required for the maintenance of the register and the changes that have happened in the data are transferred to the Register of Guardianship Affairs from the Population Information System.

The Register of Guardianship Affairs shall only disclose data to various authorities, communities and private per-sons. The Digital and Population Data Services Agency discloses data to the following authorities: Kela, Keva and the Tax Administration.

According to Section 67 of the Guardianship Services Act (442/1999), all people shall be entitled to receive infor-mation from the Register of Guardianship Affairs on whether a given person is under guardianship, on the iden-tity of their guardian, on the task of the guardian and on whether the person’s capacity to act has been restricted, and if so, in what way. However, personal identity codes may only be disclosed to individuals requiring them in order to secure their interests, exercise their rights or meet their obligations.

Data from the Register of Guardianship Affairs is disclosed in the form of individual printed copies (Extract from the Register of Guardianship Affairs). The guardianship authority shall decide on the disclosure of data from the register.

After the end of the guardianship, only parties requiring data from the Register of Guardianship Affairs in order to secure their interests, exercise their rights or meet their obligations shall be entitled to receive such information under section 67 paragraph 1 of the Guardianship Services Act.

Under legislation, data may be transferred outside of the European Union or the European Economic Area.

The data material has been protected by means of access management and it can be accessed only from the internal network of the central government. In addition, personal data is protected by means of physical access control, by monitoring the use of personal data and through instructions provided for the processing of personal data.

No automated decision-making or profiling is performed on the basis of the data.

Right of inspection

You have the right to request that the controller provides you with access to the data on you, so that you can check the information that is kept on you. The request must be submitted in writing to Digital and Population Data Services Agency’s registry office. Be prepared to prove your identity.

You will receive the information you need within a month of the time your request was registered. However, for justified reasons the Digital and Population Data Services Agency can extend the aforementioned one-month timeline by two months at the most. In this case you will receive a notification.

Right to demand data correction

You have the right to ask for your personal data to be corrected. Submit a written request to the contact per-son of the register (section Controller and contact persons). In the request for correction, mention the data that should be rectified and the details of the change or the information that should be added to the register. Your identity will be verified in connection with the request.

Limitations to the rights of the data subject with regard to the processing of personal data

Most of the services provided by the Digital and Population Data Services Agency are based on compliance with a statutory obligation or the use of public powers. In those cases, you do not have the right to demand the deletion of your data or its transfer to another system.

The data subject has the right to lodge a complaint to the supervisory authority on the processing of their personal data.

Additional information by the Office of the Data Protection Ombudsman.