Cybercrime Offences In Finland
Cybercrime in Finland – Legal Framework
Finland has a well-developed legal framework to address cybercrime. The key laws include:
Criminal Code of Finland (Rikoslaki 39/1889) – various provisions cover offenses like fraud, computer sabotage, and identity theft.
Act on Electronic Communication (917/2014) – protects electronic communications and privacy.
Data Protection Act (1050/2018) – aligned with GDPR, regulates data breaches and unauthorized data processing.
Computer Misuse – Crimes involving hacking, malware, or denial-of-service attacks are primarily prosecuted under Chapter 38 of the Criminal Code (Crimes against property) and Chapter 38a (Computer-related offenses).
Typical cybercrime offenses in Finland include:
Unauthorized access to computer systems (hacking)
Computer sabotage (damaging or disrupting computer systems)
Fraud using electronic means (online scams, phishing)
Identity theft and data breaches
Distribution of malware or ransomware
Key Cybercrime Offenses and Case Law in Finland
Here are five illustrative cases, detailing the offenses, proceedings, and judgments:
1. Unauthorized Access to a Computer System (Hacking Case, 2016)
Facts:
A Finnish hacker accessed a government agency’s computer system without authorization. He obtained sensitive information but did not sell it.
Legal Provision:
Criminal Code, Chapter 38a, Section 2 – unauthorized access to a computer system.
Outcome:
The Supreme Court of Finland (KKO 2016:54) held that accessing confidential data without authorization, even without direct financial gain, constitutes an offense.
The hacker received a conditional imprisonment sentence of 6 months and a fine.
Significance:
This case clarified that intent to profit is not necessary; mere unauthorized access is punishable.
2. Computer Sabotage (2018 Finnish Court Case)
Facts:
An employee at a Finnish IT company intentionally introduced malware into the company’s network, disrupting operations and causing financial loss.
Legal Provision:
Criminal Code, Chapter 38a, Section 3 – computer sabotage.
Outcome:
The Helsinki District Court sentenced the perpetrator to 12 months of imprisonment, partially suspended.
Compensation for damages (~€50,000) was also ordered.
Significance:
This case highlights how internal actors (employees) can be prosecuted for cyber sabotage under Finnish law.
3. Online Fraud Case (2019, Phishing Scam)
Facts:
A suspect sent phishing emails to Finnish bank customers, tricking them into revealing login credentials. Over €100,000 was transferred illegally.
Legal Provision:
Criminal Code, Chapter 36, Section 1 – fraud.
Chapter 38a, Section 2 – computer crime as an aggravating factor.
Outcome:
The Turku Court of Appeal sentenced the offender to 2 years of imprisonment.
The court emphasized the organized nature of the crime and the financial losses caused.
Significance:
Finnish law treats online fraud as a serious offense, especially when it involves mass targeting and financial harm.
4. Identity Theft Case (2020)
Facts:
An individual illegally obtained personal identity information of hundreds of Finnish citizens and sold it on the dark web.
Legal Provision:
Criminal Code, Chapter 38a – illegal access and misuse of data.
Chapter 38, Section 2 – aggravated fraud.
Outcome:
The Helsinki District Court imposed a 3-year prison sentence, emphasizing the large-scale nature and privacy violation.
Authorities confiscated computers and cryptocurrency used in transactions.
Significance:
This case reinforced Finland’s strict stance on identity theft and personal data misuse, linking cybercrime to privacy violations.
5. Ransomware Attack (2021 Case)
Facts:
A group deployed ransomware on Finnish SME networks, encrypting files and demanding payment in cryptocurrency.
Legal Provision:
Chapter 38a, Section 3 – computer sabotage.
Chapter 36, Section 1 – fraud.
Outcome:
The Eastern Finland District Court convicted two perpetrators.
They received 4-year prison sentences each and were ordered to pay restitution.
Significance:
Ransomware is treated as a combination of property crime (financial demand) and computer sabotage, with severe penalties.
Key Takeaways from Finnish Cybercrime Cases
Unauthorized access alone is punishable, even if no financial harm occurs.
Employee misuse is prosecuted vigorously under computer sabotage provisions.
Fraudulent schemes online carry serious prison terms, especially if large sums or multiple victims are involved.
Identity theft and personal data breaches are treated as aggravated crimes.
Ransomware attacks combine computer sabotage and fraud, often leading to multi-year imprisonment.
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