Financial Supervisory Authority will not seek permission from the Supreme Administrative Court to appeal in the matter concerning document publicity
The Financial Supervisory Authority (FIN-FSA) will not make any application to the Supreme Administrative Court to obtain permission to appeal a decision (15106/16/1203) issued by the Helsinki Administrative Court on 3 May 2017 regarding a complaint made by Tuomo Pietiläinen, journalist, in respect of document publicity. The Administrative Court reversed the decision of the FIN-FSA not to grant access to e-mail messages requested by Mr Pietiläinen. Mr Pietiläinen’s request concerned the FIN-FSA’s documents and exchange of e-mail messages relating to a decision issued by the Administrative Court in summer 2016 on the publicity of customer data in connection with considerable and exceptional transactions of employee pension institutions. The reason for the decision of the FIN-FSA not to grant access to these messages was that the sending of the messages was not based on obligations derived from law or corresponding binding provisions. The FIN-FSA took the view that these types of messages should in principle enjoy legal protection of confidence, in order to safeguard the FIN-FSA’s broad-based access to information, to the extent possible, and thereby the overall conditions for the conduct of supervision.
The questions posed in the e-mail messages were mainly related to the fact as to whether the FIN-FSA intends to appeal the decision issued by the Helsinki Administrative Court in the summer on the publicity of reported data. As the information on the stage of consideration regarding such appeal was not confidential, the FIN-FSA communicated the stage of its consideration regarding the appeal and the prevailing situation to those who requested the information. On 16 September 2016, the FIN-FSA decided to appeal the part of the decision on which it wanted to have the opinion of the Supreme Administrative Court.
Upon examination of the e-mail messages, the Helsinki Administrative Court considered that the messages in question will not jeopardise the conduct of supervision or the fulfilment of its purpose. The FIN-FSA abides by the ruling of the Helsinki Administrative Court. In the future, the FIN-FSA will evaluate case by case whether e-mail messages include matters that may jeopardise the conduct of supervision or the fulfilment of its purpose.
For further information, please contact
- Sonja Lohse, Head of Director General’s Staff, tel. +358 9 183 5311, weekdays 9.00–16.00.