127. In his reply, the representativo said that the Passport Act provided for an appeal to the Pro*lincial and the Supreme Administrative Courts against Appeals against expulsion or the expulsion orders issued thereunder, withdrawal of residence or work permits under the Aliens Act could, at present, be made only to the Supreme Administrative Courtr however, the Act was currently undergoing review and amendment by Parliament. Applications for passports were nearly always satisfied and the Ombudsmanhad urged that the grounds for refusal should be interpreted in a very restrictive manner. Prior to the adoption of the present Act the issuance of passports had been regulated by decree, and it was felt that the adoption of legislation had been a progressive step which had brought Finnish practice into line with While it was possible to abuse the system, article 12 (3) of the Covenant. legal remedies were available for individuals who felt that their rights had However, the Committee’s concerns on the matter would be been infringed. brought to the attention of the Government. B.iahtto ori-w 128. Regarding that issue, members of the Committee wished to know whether any further action had been taken on the proposal of the Task Force on the Reform of the Penal Code relating to the adoption of new penal provisions against unlawful interference with privacy. They also wished to know whether the police ever had the right to apply for permission to tap telephones in order to investigate very serious crimes : what were the powers of the security forces in that same respect; what was the case law on that subject; and whether Finnish legislation on the banking sector contained provisions imposing an obligation to obtain judicial authorieation in order to be able to make public the contents of a bank account, for example at a trial. 129. In his reply, the representative said that privacy would be dealt with in the second phase of the reform of the Penal Code to be concluded in 1991. The offence of “violating the privacy of communications” would have more extensive to the home but also to other places scope, applying, for example, not merely Finland was one of the few countries maintaining an and situations. unconditional de jurg and de facto prohibition against telephone tapping and there was at present no legislation providing for exceptions. The Finnish Data Protection Act was based on the guidelines laid down by the Organisation for Economic Cooperation and Development (OECD) and the Council of Europe. F=Mrm of reliaion of oroDaaenda ous hatrea war and 130. With reference to that issue, members of the Committee requested the representative of the State party to comment on the experience to date in applying the new legislation relating to the status of conscientious objectors: for example, what alternatives were envisaged for the legislation after the conclusion of the current five-year trial period mentioned in paragraph 91 of the report. They also wished to know what possibilities existed for appeal against refusal of approval for distribution of video cassettes by the public authority mentioned in paragraph 105 of the report: why the prohibition against engaging in anti-religious propaganda was applicable only to atheists; and why the Finnish Government maintained its reservation concerning propaganda for war. -32-

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