Deputy Parliamentary Ombudsman proposes specification of legislation on obligations concerning public officials’ behaviour

Deputy Parliamentary Ombudsman Mikko Sarja has issued his decision on a complaint concerning a written reprimand given to an official at the Finnish Immigration Service because of the official’s actions during leave of absence. According to the Deputy Ombudsman, the Finnish Immigration Service did not exceed its discretionary powers when issuing the reprimand, but the legal state is open to interpretation and would require specification of legislation.

The complainant had been given a written reprimand after their return from a leave of absence, during which the official had among other things worked as a personal assistant of a Member of Parliament and been active in the social media. The Finnish Immigration Service considered that the complainant's activities in the social media put trust in the official’s neutrality at risk and were against the agency’s values.

The Deputy Ombudsman noted that a written reprimand meant intervening in the complainant's freedom of speech but considered that the Finnish Immigration Service had grounds for taking action. However, section 14 of the Act on Public Officials in Central Government, according to which a public official must behave in a manner required by their duties, is open to interpretation. In addition to situations concerning behaviour during free time, this also applies to situations in which the official is on leave of absence and is employed by a different employer.

Anticipation is important from the point of view of legal protection and the employer

The Deputy Ombudsman proposes that the starting points and grounds for the obligations concerning behaviour laid down in section 14 of the Act on Public Officials in Central Government be separately specified in legislative drafting to enable public officials to better anticipate on the basis of regulations when it will be possible to intervene in their behaviour, such as freedom of speech. This is important from the point of view of both public officials’ legal protection and the authorities employing them.

The Deputy Ombudsman has requested the Ministry of Finance to consider measures for specifying the Act and report the possible measures it will take by 30 May 2025.

The full text of the Deputy-Ombudsman’s decision no 5000/2023 has been published (in Finnish) on the website oikeusasiamies.fi.

For more information, please contact Principal Legal Adviser Jari Pirjola, tel. +358 9 432 3361.