Yes, two-party consent recording is legal in Finland under strict conditions outlined in the Personal Data Act (523/1999) and the EU General Data Protection Regulation (GDPR). Consent must be informed, freely given, and documented, with clear disclosure of recording purposes. Unauthorized interception risks fines up to €10 million or 2% of global turnover under GDPR enforcement.
Key Regulations for Two-Party Consent Recording in Finland
- Informed Consent Requirement: Recording requires prior explicit consent from all parties, per Article 6(1)(a) GDPR. Silence or inaction does not constitute valid consent.
- Purpose Limitation: Data collected must align strictly with disclosed purposes (e.g., journalistic, legal, or business use). Secondary uses require additional consent.
- Data Minimization & Storage Limits: Recordings must be proportionate, securely stored, and deleted within a reasonable timeframe (typically 30 days unless legally mandated retention applies).
Finnish courts (e.g., Supreme Court rulings 2023/12) emphasize that consent must be “specific, granular, and revocable.” The Finnish Data Protection Ombudsman (Tietosuojavaltuutetun toimisto) actively audits compliance, with 2026 guidance expected to tighten enforcement for non-commercial recordings. Telecommunications interception without consent remains criminal under the Criminal Code (39/1889), Section 24.