NordenBladet — Friday 20 November is Universal Children’s Day. For the first time this year, it will be a designated flag day. We invite everyone to join us in flying the flag and celebrating Universal Children’s Day.

At 8.00 in the morning on Universal Children’s Day, the Finnish flag will be raised at Puistokoulu School in Jyväskylä by schoolchildren’s representatives, the Ombudsman for Children and representatives from the National Child Strategy and the City of Jyväskylä. The event will be arranged in line with the health safety guidelines. As part of the broadcast of the event, President of the Republic Sauli Niinistö, Speaker of Parliament Anu Vehviläinen and Prime Minister Sanna Marin will present their video greetings to children and young people. The morning’s video broadcast will also feature an exciting and energetic performance by hip hop artist Elastinen, recorded specifically for the event.

You can watch the event live starting at 8.00 on the Government YouTube channel, where it will also be available as a recording from 9.00 onwards. As part of the celebration, the Ministry of Education and Culture will announce the winners of the Children’s Day Prize. The prize aims to recognise the work of organisations in promoting culture for children. A recording of the award ceremony, which will take place at the Snellman School in Helsinki, will be available on the Government YouTube channel on 20 November at 8.30.The events of the day are intended especially for schools as part of their Universal Children’s Day celebrations.Universal Children’s DayThe United Nations Convention on the Rights of the Child was adopted in New York on 20 November 1989. The day has become established as Universal Children’s Day, which is celebrated in a variety of ways around the world. In Finland, Universal Children’s Day has been on the calendar since 2002. The UN Convention on the Rights of the Child is the most widely ratified human rights convention in the world. In Finland, a National Child Strategy is currently being drawn up to further strengthen its implementation. The strategy is based on fundamental and human rights treaties and will be completed in 2020. Its vision will be a genuinely child- and family-friendly Finland that respects the rights of the child. Flying the flag is a distinguished way to honour the rights of the child, highlighting the reason for the celebration and drawing attention to the fact that Finland is one of the best countries in the world for children. At the same time, the flag is a promise that we will all work together to ensure an even better childhood in the future.

Source: Valtioneuvosto.fi

NordenBladet — Welcome to a consultation on Finland’s Africa strategy on 20 November, 2020, at 14:00 – 15:30. The event will be online and open to all.The Government of Finland is currently drawing up a national Africa strategy. The aim of the strategy is to diversify Finland’s relations with African countries and develop the ambitions and coherence of Finland’s Africa policy. Special attention will be paid to the expansion and deepening of Finland’s political and economic ties with African countries, in addition to the already existing development cooperation, as well as of Finland’s relations with the African Union and other regional organisations on the continent.

The strategy aims at identifying shared interests and strengthening connections in different sectors between Finland and Africa. Points of departure include Finland’s own interests and competencies, Agenda 2030, and the “Africa We Want” Agenda 2063 of the African Union. Finland’s strategy also takes into consideration the policies of the European Union’s recent Strategy with Africa.As part of the strategy process, the Ministry for Foreign Affairs is organizing a virtual consultation with African diaspora in Finland on Friday 20 November, 2020, at 14:00-15:30 (Finnish time).

Tentative programme:
14:00 Opening remarks by Ms. Johanna Sumuvuori, Secretary of State
14:10 Presentation of the strategy process by the Department for Africa and the Middle East
14:25 Panel of diaspora members, moderator Mr. Peter Kariuki, Ministry of Justice
Ms. Sarah Laaru, Finnish-African Society
Mr. Takura Matswetu, Think Africa
Mr. Driss El Habti, University of Eastern Finland
Ms. Maiju Korpela, the Finnish Somalia Network
14:55 Discussion
15:25 Conclusion by Ms. Johanna Sumuvuori, Secretary of State

Under the theme How does African diaspora in Finland see Finland’s Africa strategy? the panel (and the discussion thereafter) is expected to answer particularly the following two questions:

1) What does the diaspora expect and wish from the strategy?
2) The strategy aims at expanding and deepening Finland’s political and economic relations with African countries, in addition to existing development cooperation. How can African diaspora in Finland contribute to this goal?

The event will be in English and recorded for internal purposes only. Please register for the event here by 18 November at 16:00. The event will be organised as a Microsoft Teams meeting, a link to which will be sent to those registered for the event.Since the time for speaking in the event itself will be limited, please send questions and comments beforehand here or by email to Ms. Nanna Hallikainen ([email protected]). Participants are also invited to use the chat option during the event.For additional information, please contact Ms. Nanna Hallikainen ([email protected]).More information on the Africa strategy process is available on the website of Finland’s Africa strategy.

Follow the discussion on the Africa strategy on social media using the hashtag #afrikkastrategia. Please join us in creating Finland’s Africa strategy!

Source: Valtioneuvosto.fi

NordenBladet — Concerns about the security of the internet and risks associated with emerging digital applications have increased in recent years. Misuse of artificial intelligence, for example through facial recognition technology or automated content moderation, may undermine the development of democracy and the rule of law and deteriorate the position of minorities, for example.

The Freedom Online Coalition (FOC), an intergovernmental human rights organisation, explains the connection between artificial intelligence (AI) and human rights in its recently published statement.

On 5 November 2020, the international human rights organisation FOC launched a joint statement, drawn up under the lead of the Government of Canada, according to which the management, development and use of artificial intelligence systems should be in line with the international human rights obligations. Governments should not use AI systems for repressive and authoritarian purposes.Johanna Sumuvuori, State Secretary to Foreign Minister Pekka Haavisto, emphasised the potential of AI technologies in supporting the achievement of sustainable development goals when speaking in connection with the 2020 Internet Governance Forum on 5 November 2020: “According to international comparisons, Finland has succeeded well in utilising new digital technologies to increase well-being in society. We have also invested in the development of basic skills in artificial intelligence, both in Finland and internationally, by providing the free Elements of AI online course.

”Finland supports digital equalityThe Freedom Online Coalition aims to promote an open and secure internet. Sumuvuori considers the Coalition’s work to be increasingly important in today’s world where we must ensure that no one is left behind by digitalisation. It is important for Finland that human rights, especially the rights of women and children, are safeguarded on the internet as well. Finland will chair the Coalition, which comprises 32 members, next year. “Our chairmanship will particularly focus on issues related to equality and digitalisation, effects of artificial intelligence, and challenges related to authoritarian regimes,” Sumuvuori says. The FOC’s statement concerning artificial intelligence and human rights emphasises the obligation of states to safeguard the realisation of human rights in their territory and the role of states in promoting transparency and accountability in the use of artificial intelligence by companies, organisations and other actors. Extensive national and international cooperation is needed in assessing and managing risks related to artificial intelligence, developing artificial intelligence, and formulating best practices related to the use of artificial intelligence. Both opportunities and risks related to these technologies must also be explored in AI training. “The chairmanship of the FOC will also support Finland’s work in the other international processes promoting digital equality, in which we hold a leadership position. For example, Finland leads an Action Coalition on technology and innovation in the UN Women’s five-year project Generation Equality,” State Secretary Sumuvuori says.

Source: Valtioneuvosto.fi

NordenBladet — On 12 November, the Government amended both the decree on narcotic substances, preparations and plants (Narcotics Decree) and the decree on psychoactive substances prohibited on the consumer market. The decrees will enter into force on 21 December 2020.Control of new psychoactive substances is important — they spread quickly onlineA total of 32 new substances that are used for intoxicating purposes will be added to the list of psychoactive substances prohibited on the consumer market in Finland. These substances are available in Europe particularly for recreational use. They are not medicines or narcotics and, as far as is known, they do not have any industrial purposes either. The substances were identified by the Finnish Medicines Agency (Fimea) in cooperation with the Police and Customs, and they have also been reported to the EU Early Warning System (EWS). 

Using new psychoactive substances can be harmful to health and have adverse effects on mental health and social functioning. While prohibiting these substances on the consumer market does not stop their use, it can prevent the spread and recreational use of new psychoactive substances.

The prohibition of these substances may slow down and even prevent their spread to new user groups and young people in particular. It will also enable more efficient control.Because new psychoactive substances are marketed online, there is a global market for them. It is important to identify such substances as early as possible and to bring them under control. This makes it impossible to circumvent legislation by making tiny changes at the molecular level.

Two new synthetic opioids classified as narcotics
The Narcotics Decree will, for the first time, classify brorphine and etazene as narcotics at the national level. They are synthetic opioids that resemble morphine and fentanyl. The most harmful effect of their misuse is a life-threatening respiratory depression caused by an overdose. It is impossible to know the content or purity of the brorphine and etazene products on the market. They are even sold as other products or substances. Such products involve a high risk of severe and even accidental poisoning.

In the same context, eight substances that were previously classified as psychoactive substances prohibited on the consumer market will be classified as actual narcotics on the basis of the classification made by the UN Commission on Narcotics Drugs in March 2020. These substances are DOC, AB-FUBINACA, 5F-AMB-PINACA, 5F-MDMB-PICA, 4F-MDMB-BINACA, 4-CMC, N-ethylhexedrone and alpha-PHP. Of these, DOC is a hallucinogen similar to LSD and DOM, which are both classified as hallucinogenic drugs internationally. AB-FUBINACA, 5F-AMB-PINACA, 5F-MDMB-PICA and 4F-MDMB-BINACA are synthetic cannabinoids with effects similar to those of cannabis. Synthetic cannabinoids are more potent than cannabis, and their accurate dosing can be difficult as they are available as pure powders and herbal blends. 4-CMC, N-ethylhexedrone and alpha-PHP are stimulants that are associated with risks and dependence potential similar to those of substances such as ecstasy, amphetamine and methamphetamine, which are already classified as stimulants.

In addition, two substances that were previously classified as narcotics nationally — flualprazolam and etizolam — will be classified as narcotics and placed under international control.  These substances are benzodiazepine derivatives. Benzodiazepines have a paralysing effect on the nervous system, which can threaten the user’s life. This risk increases if the person simultaneously uses both benzodiazepines and alcohol or psychoactive medicines.

These substances do not have any medical purposes in Finland.

Source: Valtioneuvosto.fi

NordenBladet — The European Commission issued a comprehensive communication on the reform of migration and asylum policy on 23 September. The communication was accompanied by five legislative proposals. The Government expressed its position on the Commission’s proposals in its communications submitted to Parliament on 12 November.

With these legislative proposals, the Commission intends to give a fresh start to the reform of the Common European Asylum System. Three of the proposals are new and two of them will amend the proposals submitted in 2016. Some of the proposals put forward by the previous Commission remain unchanged as a basis for further negotiations, and work will continue building on the agreement already reached.

The premise of the Government’s policy guidelines is to safeguard fundamental and human rights, including legal protection, in all situations. In particular, the Government emphasises the realisation of the rights of children and other vulnerable persons.

Preliminary screening of migrants at the external Schengen borders
The Commission proposes a new Regulation on screening at the external Schengen borders. This would create uniform rules for the handling of irregular migrants. The screening would be a data collection phase that would establish the person’s identity, register the person in the database and ensure that the person does not pose a threat to internal security or public health. After the screening, applicants for international protection would be referred to the asylum process and the others would be returned to the country of origin or transit.The Government supports the strengthening of external border control and considers that, when correctly implemented, the screening process would contribute to this objective. The Government welcomes the fact that the Commission’s proposal would create common EU-wide practices for the processing and registration of persons who have entered the Schengen area without authorisation. The introduction of screening requires that the fundamental rights of individuals and the protection of privacy are strictly safeguarded. It is also important that the realisation of fundamental and human rights is monitored by an independent party.

In the border procedure, decisions on applications would be made swiftly in the vicinity of the borderThe amended proposal for a Regulation on a common asylum procedure aims to ensure an efficient and fair processing of asylum applications. As a major change to the previous proposal, the Commission proposes that Member States examine an applicant’s asylum application during the border procedure when the applicant comes from a country of origin whose citizens have, on average, a low recognition rate in the asylum procedure in the Member States. During the border procedure, applicants would remain close to the border.

Effective examination of applications, prevention of unfounded applications and rapid referral of those who have received a negative decision to the return process would also make it possible to grant protection to those who need it quickly. The Government considers it important that there will be an individual assessment of the grounds for an application in all asylum procedures and that the legal protection of applicants will be ensured in the processing.We need further clarification of the legal grounds for and conditions of the border procedure at EU level. The Government has certain reservations about the Commission’s proposal to limit appeal only to a court of first instance in the border procedure.

Individual Member States would be responsible for examining asylum applications – Member States would support one another through solidarity measures
The Regulation on migration management proposed by the Commission would nominally replace the old Dublin system. However, it would not undermine the basic principle that individual Member States are responsible for examining asylum applications and that the responsibility is determined on pre-agreed grounds. The proposed Regulation would create a common management framework based, for example on annual situational reports by the Commission. The aim is for asylum seekers to have swift access to the asylum procedure in the Member State responsible for examining the application.In addition, the proposal would create a solidarity mechanism binding on EU Member States, which would, in situations of migratory pressure, shift the responsibility for applicants onto other Member States in addition to those located at the external borders. The solidarity mechanism would also respond to the situation of asylum seekers disembarked in the country following search and rescue operations: the aim is to create a permanent arrangement instead of dealing with such situations on a case-by-case basis. In the Commission proposal, alternative support measures include, in particular, participation in the relocation of asylum seekers or providing support for return.The Government supports the premise that the EU’s migration and asylum policy is based on long-term strategy work. It is also important that a permanent solidarity mechanism that is binding on all Member States be established in the EU. The Government will carefully examine the possibility of also providing support for returns in a manner that respects fundamental and human rights. However, to enable an effective operation of the system it is important that Member States participate extensively in relocations.

In situations of crisis, solidarity measures would be launched quickly and time limits for procedures would be more flexible
The proposal for a Regulation on measures in situations of crisis and force majeure covers exceptional situations where a mass influx of migrants could paralyse the asylum, reception and return systems of a Member State and also affect the Union’s asylum system. In situations of crisis, solidarity measures would be triggered rapidly and Member States would have flexibility with regard to certain time limits for procedures.According to the Government, the Commission’s proposal for a new crisis mechanism is justified and necessary. The system should be binding on all Member States, and a wide set of tools should be available to demonstrate solidarity. Member States should also be able to decide, in accordance with pre-agreed framework conditions, what kind of support measures they are prepared to commit themselves to. Deviations from normal procedures must be predictable, justified and strictly limited.

The Eurodac system would support the formation of situation awarenessThe amended proposal for a Regulation on the Eurodac system would make Eurodac a modern migration management database that would make it possible to obtain a better picture of the situation with regard to migration as a basis for a common policy. The reform would, in particular, enable obtaining statistics on the number of asylum seekers.The Government considers the proposed amendment important. Information systems must be developed so that they support, for example the application of asylum and return provisions and the examination of the conditions for entry and stay.

Finland is ready for discussions seeking compromises
In October, the Government adopted general guidelines on Finland’s position to the reform. According to these guidelines, Finland is committed to common European solutions for the development of migration and asylum policy, and is ready for open and flexible discussions seeking compromises on the basis of the Commission proposals. The Government’s guidelines on the Regulations will support active and constructive participation in the discussions.Germany, the current Presidency of the Council of the European Union, seeks political agreement between the EU Member States on the key issues of the reform. At ministerial level, the next discussion will take place at the informal meeting of the home affairs ministers on Friday 13 November.

Source: Valtioneuvosto.fi

NordenBladet — In its negotiations on Wednesday 11 November, the Government decided on measures to help victims of identity theft and to improve personal identity protection. The Government outlined the following measures:Ensuring psychosocial and other support and coordinating aftercareThe Ministry of Social Affairs and Health will ensure that the victims of the data breach at Psychotherapy Centre Vastaamo continue to receive the necessary psychosocial and other support. Support will continue to be provided through a number of different operators and channels for as long as is required. The Ministry will also monitor and coordinate the aftercare of the situation within the healthcare and social welfare services system.Amending the Act on the Electronic Processing of Client Data in Healthcare and Social Welfare and allocating additional resourcesOn 5 November 2020, the Government submitted a bill to Parliament on the processing of client data in healthcare and social welfare. The Act is due to enter into force on 1 April 2021. 

The proposed amendment would extend the obligation to join the Kanta service platform to all service providers that use client or patient information systems. The information systems used by service providers must pass a test ensuring their operability with the Kanta services and a data security assessment carried out by an appointed data security assessment body.

The Government will ensure the effective implementation of the Act through a variety of measures, including allocating additional resources to the National Supervisory Authority for Welfare and Health (Valvira) and the Finnish Institute for Health and Welfare. These increases in resources aim to improve guidance and supervision concerning the use of data management systems. Under the current legislation, the criteria for changing an individual’s personal identity code are strict and cannot be applied proactively to prevent criminal or other severe misuse of the personal identity code. The Government is therefore preparing a legislative amendment that, in limited situations such as data breaches, would provide an opportunity for individuals to change their personal identity code in order to limit the misuse of their identity.

Developing a single blocking service for all official bans, blocks and prohibitions
In order to ensure that the victims of a data breach are able to manage their everyday lives, it is important to make it as easy as possible to prevent the misuse of their data.

The suomi.fi website provides information on official bans, blocks and prohibitions and has links to the different services. The Digital and Population Data Services Agency, the Ministry of Finance and the Ministry of Transport and Communications are exploring the possibility of creating a single blocking service together with operators in the private sector. The service would make it possible to apply for all official bans, blocks and prohibitions in one place. The service is expected to be ready by the end of next year.

The Ministry of Finance is setting up a project to reform the legislation on the personal identity code system in its entirety. One of the objectives of the project is to clarify the use of personal identity codes and ensure that they are used to distinguish between individuals rather than for identification purposes. Enhancing communication on practices concerning the processing of personal identity codes  The Government decided to enhance communications with citizens on the proper use of personal identity codes and other information related to the identity of individuals in different services. The personal identity code is designed to distinguish between individuals and may not be used for identification purposes by law. The Data Protection Ombudsman is also assessing the need for a more stringent policy on the use of personal identity codes.Several operators (the Ministry of Finance, the Digital and Population Data Services Agency, the Finnish Competition and Consumer Authority, the Finnish Transport and Communications Agency, the Police and the Financial Supervisory Authority) are working together to provide guidance on how personal identity codes and other personal data should be used in society. This is intended to ensure that from now on, personal identity codes will only be used to distinguish between individuals. The Data Protection Ombudsman is responsible for supervising the processing of personal data as a general authority.

Other longer-term measures
The Ministry of Finance will continue its digital identity project aimed at developing a digital identity card. The project is expected to be completed in 2022.The Government Resolution on digital security (issued on 8 April 2020) will be implemented.Preparations will be made for amendments to the Consumer Protection Act that would extend the requirement for strong identification to include, for example, online purchases paid for on credit in instalments.

Source: Valtioneuvosto.fi

NordenBladet — In future, remotely read water meters for both warm and cold water will be installed in each apartment in new buildings with multiple apartments and water bills will be based on actual measured consumption. The Government proposes that related legislative amendments will be submitted to the President of the Republic for approval on 13 November 2020.

After the entry into force of the legislation on 23 November 2020, the requirements will apply to new buildings for which a building permit is applied. Existing housing companies will switch to billing based on actual consumption gradually, with the installation of remotely read water meters in connection with the water and sewage system renovations.

The legislation will implement the amendments required by the EU’s Energy Efficiency Directive by amending  the Energy Efficiency Act, the Limited Liability Housing Companies Act, the Act on Residential Leases, the Act on Interest Subsidy for Rental Housing Loans and Right of Occupancy Housing Loans, the Act on the Use, Assignment and Redemption of State-Subsidised (ARAVA) Rental Dwellings and Buildings and the Right-of-Occupancy Housing Act.

The reform will encourage people to save energy by adopting more energy-efficient household water and heating energy consumption patterns. The reform will also involve a billing system based on actual consumption, and ensuring access to information on energy consumption.Currently, a significant proportion of housing companies still base their water bills on other metrics, such as the number of residents in an apartment, or water unit cost per square metre. Tenants are often charged a fixed amount for water consumption.

The installation of apartment-specific water meters became a statutory requirement in new buildings in 2011, and in connection with water and sewage system renovations in 2013. However, the use of water meters for measuring consumption and for billing based on consumption has not previously been required by law.

The proposed act requires that information  be provided to shareholders in housing companies, tenants and holders of right of occupancy on their measured water consumption and other billing criteria. A Government decree is to be issued specifying in more detail the information to be provided.

Measurement and billing of heating and cooling to change
District heating and cooling supplied to new buildings are to be measured with remotely read meters. Any district heating and cooling meters already installed must be upgraded to or replaced by remotely read meters by 31 December 2026.

More extensive obligations will be imposed on district heating suppliers to provide information on consumption and fuels to their customers. Customers should have access, either in their heating bill or via the Internet, to information on their energy consumption, the climate impacts of their consumption, fuels used for energy production, and a comparison of energy use by other similar consumers.Further provisions on the allocation of costs of heating, cooling and water consumption will be laid down in a Government decree.

Source: Valtioneuvosto.fi

NordenBladet — In the future, an employer would be obligated to pay compensation to an employee for all non-competition agreements. At present, the obligation to pay compensation only applies to agreements longer than six months. The proposal aims to reduce the number of groundless non-competition agreements that cause inflexibility in the labour market.

“Currently, non-competition agreements are widely used in Finland. Contrary to the provisions of the Employment Contracts Act, such agreements are routinely used for almost all groups of employees, regardless of whether they are key employees of the company or not,” Minister of Employment Tuula Haatainen says.

“I am pleased that this solution will help target the non-competition agreements properly. The compensation model ensures that non-competition clauses are only imposed on people whose work genuinely requires such,” Haatainen adds.A non-competition agreement restricts the employee’s right to enter into employment with an employer engaged in competing activities and the right to engage in competing activities on his or her own account after the termination of the employment relationship. The Government proposes that the Act lay down the broader compensation obligation, the date of payment of the compensation and the employer’s right to terminate the non-competition agreement.

The amendments would be made to the Employment Contracts Act and the Seafarers’ Employment Contracts Act effective as of 1 January 2022. The new regulation would also apply to non-competition agreements concluded before the entry into force of the Act after a transitional period of one year, with certain exceptions. The Government submitted the proposal to Parliament on 12 November 2020.

Length of non-competition agreement to affect compensation amount
The amount of compensation paid for the non-competition agreement would be tied to the employee’s salary and the agreed duration of the non-competition period. For a non-competition period of up to six months, compensation would be equal to 40% of the salary during that period. For a non-competition period longer than six months, compensation would be equal to 60% of the salary for the entire non-competition period. A non-competition agreement could be concluded for a maximum of one year, as is the case currently too.

The Act does not currently provide for the date of payment of the compensation. According to the proposal, the compensation should, as a rule, be paid during the non-competition period. The payment date would be the same as the employee’s pay day during their employment relationship.

A new provision would allow the employer to terminate the non-competition agreement during the employment relationship if circumstances change. In such cases, a notice period of one third of the non-competition period agreed in the non-competition agreement, or a minimum of two months, should be observed. However, the employer could not terminate the non-competition agreement after the employee has resigned from employment.

Non-competition agreements more common today
Concluding a non-competition agreement requires a particularly important reason related to the employer’s activities or employment relationship. Non-competition agreements are commonly used. The Government aims to reduce non-competition agreements that violate the conditions laid down in the Act. Legislative amendments are estimated to prevent groundless agreements.A tripartite working group prepared the legislative amendments. The Ministry of Economic Affairs and Employment organised a consultation round on the amendments in April-May 2020.

Source: Valtioneuvosto.fi