Confidentiality re documents and information


Finland - International Legal Assistance in Criminal Matters 1994 EN

Chapter 4
Specific provisions on the request for assistance made to a foreign State

Section 27
Secrecy, confidentiality and restrictions on the use of information

Where a Finnish authority makes a request for assistance to an authority of a foreign State, the provisions of Finnish law shall apply to the secrecy of documents and other records, confidentiality as well as to access to information by the parties and public authorities.

In addition to paragraph 1, the provisions in a treaty in force between Finland and the foreign State and the conditions set by the foreign State shall apply on secrecy, confidentiality, restrictions on the use of information and the return or destruction of the material provided by the requested State.

Rome Statute

Article 93 Other forms of cooperation


(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.