Finland's Ministry of Defence (Puolustusministeriö) has sent a legislative proposal on amendments to the Act on Military Intelligence for public consultation. The proposal would allow the military intelligence service to use certain intelligence-gathering methods in residential premises under strictly regulated conditions.
According to a press release from Finland's Ministry of Defence, the proposal seeks to remove the current general prohibition on using intelligence-gathering methods in permanent residences. The proposal covers, among other things, location-specific intelligence gathering and technical surveillance, while certain methods, such as optical observation, would still not be permitted in residential premises.
"We will strengthen the operating conditions for military intelligence, defence, and national security by amending the Act on Military Intelligence. The current act's blanket prohibition on the use of intelligence-gathering methods in spaces used as permanent residences gives actors who seriously threaten national security a safe haven in which to plan and prepare activities harmful to Finland," said Defence Minister Antti Häkkänen in the press release.
According to the Ministry of Defence, the legislative amendment would improve the military intelligence authority's ability to gather information in a changed security environment. The proposal also includes provisions enabling the installation and removal of technical equipment and software in connection with intelligence gathering.
The Ministry of Defence states that the proposed powers have been designed with regard to fundamental rights and freedoms, as well as the protection of the sanctity of the home and privacy. Their use would be subject to strict conditions, and the existing oversight of intelligence activities would remain in place.
The proposal is based on an ongoing constitutional amendment being considered by Finland's parliament (Eduskunta). That amendment would make it possible to restrict the protection of the sanctity of the home for the purpose of gathering information on military activities or other activities that seriously threaten national security. If the constitutional amendment is adopted, the intention is for the revised Act on Military Intelligence to enter into force as soon as possible.