Privacy statement for the person register for monitoring of organisations for collective management of copyright

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

Mr Lalli Knuutila
lalli.knuutila(at)prh.fi
Tel. +358 29 509 5018

Data protection officer

tietosuojavastaava(at)prh.fi
Tel. +358 50 413 6500

Purpose of and legal basis for processing personal data

The processing is based on the Finnish Act on Collective Management of Copyright (laki tekijänoikeuden yhteishallinnoinnista 1494/2016, hereinafter referred to as the Copyright Collective Management Act).

Under section 2 of the Copyright Collective Management Act, the sections referred to in this privacy statement apply, in addition to collective management organisations, also to independent management organisations, except for the obligations resulting from sections 40 and 41.

Under section 54 of the Copyright Collective Management Act, the Finnish Patent and Registration Office (PRH) is the supervisory authority. The supervisory authority for instance

1. monitors that collective management organisations, and their member organisations, established in Finland comply with the provisions of the law in collective management of rights;
2. gives advice to collective management organisations, and other parties, in matters relating to the application of the provisions of the law;
   
3. responds to requests for information received from authorities of other member states; and
   
4. monitors the development of collective management in Finland in collaboration with the Finnish Ministry of Education and Culture, and gives the EU Commission necessary details about collective management and its developments.

• shall submit the information that is referred to in the Copyright Collective Management Act and that they have published on their website to the PRH
• shall submit an annual transparency report to the PRH
• shall submit a notice to the PRH before the commencement of any activities referred to in the Copyright Collective Management Act. The notice shall include the information listed in the Copyright Collective Management Act

Under the Copyright Collective Management Act,

• the PRH and the Finnish Competition and Consumer Authority cooperate with each other in an appropriate manner when performing the supervisory duties under the Copyright Collective Management Act and the Competition Act regarding collective management organisations
• the Ministry of Economic Affairs and Employment, the Ministry of Education and Culture and the PRH cooperate in an appropriate manner in order to organise the execution of the duties laid down in the Copyright Collective Management Act and to apply the Copyright Collective Management Act in matters falling under the purview of the Ministry of Education and Culture as governed by the Copyright Act
• a request for measures may be submitted to the PRH regarding procedures followed or negligence by a collective management organisation if these violate the provisions of the Copyright Collective Management Act The request for measures shall provide a description of the procedure or negligence of the collective management organisation deemed inappropriate. The PRH may also by its own motion initiate the supervisory measures referred to in the Copyright Collective Management Act.
• the PRH has the right of access to information and right of inspection with respect to information and documents necessary for the supervision
• an auditor has the right to provide information to the supervisory authority
• the PRH is part of 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 categories of data subjects in the register

The case and document management system used in the monitoring of organisations for collective management of copyright contains, among other things, the following personal details and categories of data subjects:

• identification details
• contact details, such as the name, mailing address, email address and telephone number of the person, company or organisation
• economic and financial details
• details on the members of the supervisory body
• details on the director of the business operations
• personal details related to supervisory measures.
  

Sources of information

The information is received from information, notifications and reports submitted by collective management organisations, and from documents received and written by the PRH in connection with supervisory measures.

On request, the PRH may receive all information and documents necessary for the monitoring of compliance with the law and the provisions issued under it, from collective management organisations, or from organisations or foundations that on their behalf performs the duties based on the law.

The PRH has the right to carry out inspections for the purpose of the monitoring in premises other than those used as permanent residences.

The auditor of a collective management organisation has the right to provide information to the PRH.

In order to implement the appropriate cooperation between the authorities, the Finnish Competition and Consumer Authority, the Ministry of Economic Affairs and Employment, and the Ministry of Education and Culture can exchange information with each other.

The secretary for the advisory board for the development of collective management of copyright is a public servant from the PRH.

Disclosure of personal data to third parties

The documents received in connection with the monitoring of organisations for the collective management of copyright are public documents, as referred to in the Finnish Act on the Openness of Government Activities (laki viranomaisten toiminnan julkisuudesta 621/1999). The data can only be disclosed within the limits that the legislation in effect will oblige and permit, as required in section 13 and 16 of the Act.

Confidential data are only disclosed and available for viewing with the consent of the person in question, to a party involved, or based on a legal right.

The PRH, the Finnish Competition and Consumer Authority, the Finnish Ministry of Education and Culture, the Ministry of Economic Affairs and Employment, and the EU Commission co-operate in the monitoring of collective management organisations as set out in the Copyright Collective Management Act.

The PRH publishes on its website the minutes of the meetings of the advisory board for the development of collective management of copyright.

Transfer of personal data to countries outside the EU or the EEA or to international organisations

No data are transferred to countries outside the EU or the EEA or to international organisations. Data can be disclosed to the Commission and equivalent authorities in other states in cases set out in directive 2014/26/EU.

Storage periods of personal data

The storage periods of the registered personal data are based on a filing plan, which allows the data to be stored permanently due to an obligation under the law.

Profiling and automated decision-making

The registered data are not used for profiling, and no automated decision-making is performed on the data.

Right of access to personal data

The data subject has the right to check what personal data about them have been entered into the register, or to find out that there are no such register entries. The data subject can ask the controller for access to their personal data. Read our instructions on how to request access to data.

Right to rectification of data

The data subject has the right to demand that the controller rectify without undue delay any inaccurate or incorrect personal data concerning them. Read our instructions on rectification of data.

Right to restriction of processing

The data subject has the right to demand that the controller restrict the processing of data, if the data subject contests the accuracy of the personal data. The idea is to restrict the processing while the controller verifies the accuracy of the personal data.

Right to deletion of data

The data subject has no right to demand that their personal data be deleted, as the PRH processes personal data because of its statutory duty.

Right to lodge complaint with supervisory authority

The data subject has the right to lodge a complaint with the supervisory authority (the Data Protection Ombudsman).