Privacy statement of the personal data file for the supervision of collective copyright management organisations
Controller
Finnish Patent and Registration Office (PRH)
Mailing address: Finnish Patent and Registration Office, FI-00091 PRH, Finland
Street address: Sörnäisten rantatie 13 C, Helsinki, Finland
Tel. +358 29 509 5000
Representative of controller
Lalli Knuutila
lalli.knuutila@prh.fi
Tel. +358 29 509 5018
Data protection officer
tietosuojavastaava(at)prh.fi
Tel. +358 29 509 5000
Purpose and legal basis of processing personal data
The processing is based on the Act on the Collective Management of Copyright (1494/2016; hereafter also the ‘Collective Management Act’).
In accordance with section 2 of the Collective Management Act, the paragraphs referred to in this privacy statement are, in addition to the collective management organisations, also applied to independent management organisations, with the exception of the obligations arising from sections 40 and 41.
Under section 54 of the Collective Management Act, the Finnish Patent and Registration Office acts as the supervisory authority. The duties of the supervisory authority include the following:
- ensure that the collective management organisations established in Finland and their member bodies comply with the provisions of the Collective Management Act in the collective management of the rights;
- provide collective management organisations and other parties with advice in issues concerning the application of the Collective Management Act;
- respond to the information requests submitted by the authorities in other Member States; and
- in cooperation with the Ministry of Education and Culture, monitor developments in collective management in Finland and provide the European Commission with the information on collective management and its development that the Commission needs.
Under the Collective Management Act, a collective management organisation
- must provide the Finnish Patent and Registration Office with the information that it publishes on its website in accordance with the Collective Management Act
- must provide the Finnish Patent and Registration Office with an annual transparency report
- must submit a notification to the Finnish Patent and Registration Office before starting operations under the Collective Management Act. The notification must contain the information listed in the Collective Management Act.
Under the Collective Management Act,
- the Finnish Patent and Registration Office and the Finnish Competition and Consumer Authority must cooperate in an appropriate manner when performing the supervisory duties referred to in the Collective Management Act and the Competition Act concerning collective management organisations
- the Ministry of Economic Affairs and Employment, the Ministry of Education and Culture and the Finnish Patent and Registration Office must cooperate in an appropriate manner to organise the duties laid down in the Collective Management Act and to apply the Collective Management Act in matters falling under the purview of the Ministry of Education and Culture in matters concerning the Copyright Act.
- a request for measures may be submitted to the Finnish Patent and Registration Office regarding procedures or negligence by a collective management organisation if these violate the provisions of the Collective Management Act. The request for measures must provide a description of the procedure or negligence of the collective management organisation deemed inappropriate. The Finnish Patent and Registration Office may also, at its own initiative, take supervisory measures referred to in the Collective Management Act.
- the Finnish Patent and Registration Office has the right to access and inspect the information and documents necessary for supervision
- the auditor has the right to provide the supervisory authority with information.
- the Finnish Patent and Registration Office operates in the advisory board for the development of collective management. The activities of the advisory board are regulated by the Government Decree on the Advisory Board for the Development of Collective Management (334/2017).
Personal data and groups of data subjects contained in the register
The data stored in the case and document management system used in the supervision of a collective management organisation includes the following personal data and groups of data subjects:
- identification data
- contact information, such as the name of a person, company or organisation as well as the mailing address, email and phone number
- details of financial position
- details of the members of the supervisory body
- details of the business manager
- personal data relating to the supervisory action.
Data sources
The information is obtained from the data, notifications and reports submitted by the collective management organisations and the documents obtained and prepared by the Finnish Patent and Registration Office as part of its supervisory duties.
The Finnish Patent and Registration Office has the right to receive on request all information and documents necessary for the supervision of compliance with the Collective Management Act and the provisions issued under it from a collective management organisation or an organisation or foundation performing a duty based on the Collective Management Act on its behalf.
The Finnish Patent and Registration Office has the right to carry out inspections for the purpose of supervision in premises other than those used as permanent residences.
The auditor of a collective management organisation has the right to provide the Finnish Patent and Registration Office with information.
The Finnish Competition and Consumer Authority, the Ministry of Economic Affairs and Employment, and the Ministry of Education and Culture may share information to ensure appropriate cooperation between the authorities.
A public official of the Finnish Patent and Registration Office acts as the secretary of the advisory board for the development of collective management.
Disclosure of personal data to third parties
The documents obtained in connection with the supervision of the collective management organisations are public documents referred to in the Act on the Openness of Government Activities (621/1999). Information can only be disclosed to the extent required and permitted under the current legislation in accordance with sections 13 and 16 of the Act on the Openness of Government Activities.
Confidential information is only made available and disclosed with the consent of the party concerned, to the party concerned or under a right laid down in the law.
The Finnish Patent and Registration Office, the Finnish Competition and Consumer Authority, the Ministry of Education and Culture, the Ministry of Economic Affairs and Employment and the European Commission cooperate in the supervision of the collective management organisations in the manner specified in the Collective Management Act.
The Finnish Patent and Registration Office publishes the minutes of the meetings of the advisory board for the development of collective management on its website.
Transfer of personal data outside the EU or the EEA or to international organisations
No data is transferred outside the EU or the EEA or to international organisations. Information may be disclosed to the European Commission and similar authorities of other states in the cases specified in Directive 2014/26/EU.
Personal data storage periods
The storage periods of the personal data contained in the register are based on the archive formation plan, under which the data is permanently stored under an obligation based on the law.
Profiling and automated decision-making
The data contained in the register is not used for profiling and it is not subject to automated decision-making.
Right of access to your own data
The person entered in the register has the right to check what personal data has been entered on them or that the register does not contain any data on them. The data subject may submit a request to the controller to access their own data. Read the instructions on how to submit the request.Avautuu uuteen välilehteen
Right to rectification of data
Right to restrict processing
The data subject has the right to request that the controller restricts the processing of the data if the data subject disputes the accuracy of the personal data. The purpose is to restrict the processing for the period during which the controller can check the accuracy of the data.
Right to deletion of data
The data subject does not have the right to request the deletion of their personal data because the Finnish Patent and Registration Office processes the personal data on the basis of a statutory duty.
Right to submit a complaint to the supervisory authority
The data subject has the right to submit a complaint to the supervisory authority (Office of the Data Protection Ombudsman).