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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