Changes in the remote participation of legal counsels in asylum interviews

The Finnish Immigration Service complies with the assessment criteria for information security in public administration when determining the sufficient level of information security in asylum interviews. The Finnish Immigration Service deviated from the requirements of the assessment criteria for information security in public administration during the COVID-19 pandemic. This allowed legal counsels to participate in asylum interviews via video connection from places and devices other than those administered by the Finnish Immigration Service. The practice was based on the threat to life and health caused by the COVID-19 pandemic. These threats have eased as such, so there are no longer grounds for deviating from the regular practice.

The changes only concern remote participation in asylum interviews. All counsels can still participate in an interview

• in premises administered by the Finnish Immigration Service with the customer when the customer has been invited to an interview at the Finnish Immigration Service’s premises or
• at the reception unit with the customer when the Finnish Immigration Service has invited the customer to a remote interview at the reception centre’s premises and it is possible for the counsel to participate in the interview at the reception centre’s premises.

From 1 June 2024, remote participation of counsels in interviews requires meeting the information security requirements and concluding an agreement

Based on the feedback received, the Finnish Immigration Service has determined that the remote participation of counsels is a functional, efficient and modern solution. In the current global security situation, the Finnish Immigration Service has taken several measures to ensure that customer data is processed securely. At the same time, it wants to ensure that the remote participation of counsels will continue in compliance with legal requirements. When assessing the procedures in closer detail, an agreement-based model proved to be a possible way of continuing remote participation. 

After 31 May 2024, a counsel can participate in an interview remotely only if the method of participation meets the legal information security requirements and the method of participation does not pose a risk to the confidential information processed in the asylum interview. 

From 1 June 2024, remote participation requires an assessment of compliance with the information security requirements and a separate agreement with the Finnish Immigration Service. The agreement specifies the facilities and devices that have been found to be secure and can thus be used for remote participation in interviews. 

If the Finnish Immigration Service has already reserved an interview for the customer to take place after 1 June 2024 and agreed with the counsel on remote participation in the interview, these interviews will be held as agreed. The Finnish Immigration Service will reserve any new interviews according to the new practice.

Assessment of compliance with information security requirements for remote participation and a separate agreement with the Finnish Immigration Service

The Finnish Immigration Service is responsible for securing the processing of confidential information in an asylum interview. It is the responsibility of the organisation the counsel represents to ensure that the counsel participates in the asylum interview using safe terminal devices and safe facilities where confidential information remains secure.

Assessment of compliance with information security requirements

As a rule, the Finnish Immigration Service approves the following methods for determining a sufficient level of information security if it is provided with a sufficient written report of the results of one of the following assessments:

• Information security assessment produced by an inspection body approved by the Finnish Transport and Communications Agency Traficom in accordance with the Act on Information Security Inspection Bodies (1405/2011) applying the assessment criteria for information security in public administration (2020 version). The lowest base level is regarded to be an acceptable level 
• Information security assessment prepared by another authority applying the assessment criteria for information security in public administration (2020 version)

The Finnish Immigration Service may also accept other methods of verifying that information security requirements have been complied with if, based on a written description, it can be concluded that the level of information security is sufficient to meet the requirements.

Agreement on secure remote participation

• If the organisation the counsel represents wants to enable remote participation, the organisation can contact the Finnish Immigration Service’s information security by sending e-mail to tietoturva@migri.fi.
• Concluding an agreement begins with a consultation between the Finnish Immigration Service and the organisation the counsel represents. It includes detailed discussions on the information security aspects related to the asylum interview and the documentation available to the organisation on the results of the information security assessment. 
• If the Finnish Immigration Service is ensured of a sufficient level of information security, an agreement is drawn up between the Finnish Immigration Service and the organisation. The agreement describes at a sufficiently itemised level the devices and facilities through which remote participation in interviews is possible.
• After signing the agreement, the organisation may continue to participate in the interviews remotely. However, the Finnish Immigration Service is always entitled to carry out an asylum interview so that the participants attend the interview at the Finnish Immigration Service’s premises.

Legislation serving as a basis for arranging secure remote participation and participating in interviews remotely

Pursuant to section 22 of the Act on the Openness of Government Activities (621/1999), an authority has the obligation to ensure the security of the information provided for in the Act. By default, asylum interviews held under section 97a of the Aliens Act (301/2004) process confidential information referred to under section 24(1) and subsections 24 and 31c of the Act on the Openness of Government Activities. 

The Finnish Immigration Service is responsible for carrying out asylum interviews in accordance with section 97a of the Aliens Act and securing the confidential information processed in asylum interviews under chapter 4 of the Act on Information Management in Public Administration (906/2019). 

Additional information on information security requirements and how to conclude an agreement

• Leo Hämäläinen, Chief Information Security Officer, tietoturva@migri.fi, tel. +358 295 430 431 (switchboard)