Published
29.4.2025 6:01:00

The police carried out a search of a domicile and a search of data contained in a device without clear support of legal provisions – Parliamentary Ombudsman demands more specific regulation for police investigations

In his decision, Parliamentary Ombudsman Petri Jääskeläinen finds that the Police Act did not give the police the powers to carry out a search of a domicile as part of investigating the cause of death anywhere else than at the scene of the incident, nor to examine the content of the deceased person’s mobile phone. The Ombudsman proposes to the Ministry of the Interior that the provisions on police powers during a police investigation should be clarified and defined more precisely.

A police investigation is a statutory investigation performed by the police other than the criminal investigation of an offence. The police investigation subject to the complaint concerned a fire that led to the death of two people. A crime was not suspected, but its possibility could not be ruled out. To determine the cause of death, the police carried out a search of a domicile in an apartment located in a different locality. In addition, the police carried out a search of data contained in a device on the mobile phone found in that apartment.
 
The Ombudsman notes that section 4, chapter 6 of the Police Act does not give the police the right to carry out a search of a domicile anywhere else than at the scene or area of the incident. He also considers it extremely questionable whether such a general provision can justify a search of data contained in a device, which constitutes significant interference in fundamental rights.

A comprehensive reform of legislation required

The Parliamentary Ombudsman also refers to the amendment to the Coercive Measures Act, which is being prepared at the Ministry of Justice. According to the amendment, the decision on a search of data contained in a device would be made by an official with the power of arrest, but the decision would be confirmed by a court. The legislative project is based on the decision issued by the Court of Justice of the European Union in October 2024, pursuant to which a court or an independent administrative authority (not the police) must make the decision on a such a search.

According to the Ombudsman, there is therefore a need to re-evaluate the provisions on the measure taken in a police investigation that corresponds to a search of data contained in a device. The re-evaluation should be carried out from the point of view of both the prerequisites and the competence to make the decision. In general, the provisions on measures equivalent to a search of a domicile, taking of possession, confiscation and a search of data contained in a device are considerably curtly regulated in the Police Act compared to the Coercive Measures Act.

The Ministry of the Interior must report on its measures by 31 December 2025.

Parliamentary Ombudsman Petri Jääskeläinen's decision no 3332/2024 has been published (in Finnish) on the Parliamentary Ombudsman's website at www.oikeusasiamies.fi.

Further information is available from Principal Legal Adviser Juha Haapamäki, tel. +358 9 432 3334.