Victims of the Vastaamo data breach

For example, compensation may be granted for:

• distress
• temporary harm
• loss of earnings
• legal costs
• other expenses incurred by the applicant as a result of the crime.

Compensation for distress may be granted for extortion and attempted extortion. Under the Criminal Damages Act, no damages can be awarded for the breach of information and the dissemination of information invasive of privacy. Compensation for damages may be granted for extortion and attempted extortion. Under the Criminal Damages Act, no compensation for distress may be granted for data breach and the deliberate dissemination of factual private information.

Compensation for temporary psychological harm can only be granted if medical evidence is provided. Medical evidence of the time of the offence, such as a medical report, medical reports and a therapy report or feedback, must be submitted to the State Treasury. The State Treasury will not reimburse the costs of obtaining the medical report, existing medical reports from October and autumn 2020 will suffice. The State Treasury will only reimburse temporary psychological harm caused by the offence. Damage that is not causally linked to the criminal damage will not be compensated. The amount of compensation will take into account the guidelines of the Personal Injury Commission.

Loss of time, daily allowance or loss of earnings related to the preliminary investigation are not compensable under the Criminal Damages Act.

Loss of earnings for participation in a criminal trial is not compensated because the trial was prosecution-driven and did not involve claims for damages. Loss of earnings related to the confirmation of settlement agreements by the court is also not reimbursed if the case was dealt with by written procedure. If damages have been claimed in an action, a reasonable amount of the loss of earnings for the day of the proceedings may be reimbursed. In this case, you should provide your employer’s statement showing the amount of wages you have lost and a statement showing the duration of the proceedings.

Medical expenses: the applicant may be reimbursed for necessary medical expenses and, for example, therapy costs resulting from the criminal offence. If reimbursement is claimed for medical expenses, records of the visits and invoices and receipts for the expenses must be provided. If compensation is claimed for therapy costs incurred for a crime, a therapy report and feedback, other necessary medical reports and invoices and receipts for the costs incurred must be submitted. In addition, for medical and therapy expenses, a statement of any reimbursement received from other sources, such as Kela or an insurance company, must be submitted.

Other necessary expenses: the victim of a personal injury may be awarded compensation for necessary expenses. Such expenses may include, for example, medical expenses and travel expenses to a doctor. Compensation will only be granted for the actual costs incurred by the victim. If compensation for medical expenses is claimed for more than €10, receipts must be provided.

The applicant may also be reimbursed for the costs of the parties and the costs of the investigation. These include, for example, telephone costs incurred by the applicant and any postage costs. Loss of own time is not reimbursable as a party expense. If the amount of the costs claimed exceeds EUR 20, a statement of the amount and receipts for the costs incurred must be provided.

Financial damage: financial damage (e.g. costs for applying for credit bans, encryption of personal data or renewal of debit and credit cards) will not be compensated.

You can apply for compensation for criminal damage from the State Treasury if.

• you have reported a crime
• you have made a statement to the police
• you have claimed compensation from the offender.

It is also possible to apply for compensation in certain special situations.

In principle, the amount of compensation is determined according to the criteria laid down in the Criminal Damages Act and the Damages Compensation Act. However, the protection of compensation under the Criminal Damage Act is more limited than the right to compensation under the Damages Compensation Act.

Under the Criminal Damages Act, compensation for distress may be granted for serious crimes against life and health, such as attempted murder, attempted manslaughter or aggravated assault. In addition, the Criminal Damages Act allows compensation to be awarded to a person whose liberty has been infringed by a crime, for example by extortion or attempted extortion.

The Criminal Damage Act contains maximum amounts for compensation for damages. For offences committed between 1.1.2018 and 31.12.2023, compensation can be awarded up to a maximum of EUR 3,600. In accordance with established compensation practice, the State Treasury uses the recommendations of the Personal Injury Commission to determine the compensation.

The compensation granted by the State Treasury is always subject to a statutory basic deduction of EUR 220.

Compensation received from other sources is deducted from the compensation. Any compensation received from the bankruptcy estate of Vastaamo is not deducted from the compensation granted under the Criminal Damage Act.

Effect of the court’s decision on compensation

The State Treasury may deviate from a court decision or a court-approved settlement agreement. Deviations from the requirements based on the court’s decision may be made in particular when

• claims for compensation have not been examined by the court
• there has been a one-sided judgment on compensation; or
• the compensation has been the subject of a court-approved agreement and deviates from the Criminal Damage Act or from established general practice in the matter of compensation.

Compensation is paid in accordance with the Criminal Damage Act and established compensation practice. The Criminal Damage Act limits the amount of compensation and what can be compensated. When deciding on compensation, the State Treasury takes into account the maximum compensation amounts set out in the Criminal Damage Act and the recommendations of the Personal Injury Commission.

Example of compensation for distress for a victim of attempted extortion

For offences committed between 1.1.2018 and 31.12.2023, the maximum amount of compensation for distress under the law is EUR 3,600. For extortion and attempted extortion, the maximum amount of compensation under the recommendations of the Personal Injury Commission is EUR 500 to 2,000 (heva 1.13).

The victim of a crime can claim compensation from the offender to the extent that the State Treasury has not compensated them. Compensation can be claimed through enforcement.

We will provide further guidance on how to apply for compensation during May 2024. We recommend that you wait for further guidance and act accordingly. This will help us to ensure that claims are processed smoothly and without unnecessary delays.

For your application you will need the following attachments

• An open power of attorney if you are represented by a person other than a public defender of rights or a lawyer
• An individual power of attorney if you want the compensation you are entitled to to be paid to someone other than yourself
• A copy of the criminal conviction handed down by the court. If the case has not been heard by a court, a copy of a letter from the prosecutor, a police investigation report, a pre-trial report or other police report showing your status as a party to a particular crime.
• If the compensation is based on a settlement agreement, attach the settlement agreement and the confirmation judgment of the district court or the settlement agreement confirmed by the municipal mediation office.
• If the compensation is based on a court judgment on damages, attach the district court’s judgment on damages to the application.
• If the compensation is based on a statement you made to the police during the preliminary investigation, attach the statement you made to the police.
• Any decisions and statements from the insurance company, Kela and other sources regarding compensation received
• If you are claiming compensation for loss of earnings, attach a medical certificate of incapacity for work with attendance notes, a copy of the sickness allowance decision and a certificate of the salary paid by the employer and the amount of loss of earnings.
• If you are claiming compensation for temporary psychological impairment, attach a medical certificate, a medical report and any reports on therapy, such as a therapy report and feedback.
• If you are claiming reimbursement for medical expenses of more than €10, you must provide receipts for these expenses.
• If you are claiming reimbursement of legal costs, please attach a bill for the lawyer’s fees and any decision by the insurance company or legal aid.
• If you claim more than €20 for legal costs, you must provide a statement of the amount and receipts for the costs incurred.
• If you are claiming reimbursement of application costs, please enclose the invoice of the legal adviser and a statement of the legal aid granted or appointed.

If the claimant is a minor, the compensation will be paid to the minor’s own account if the compensation exceeds EUR 1000.

The State Treasury is obliged to inform the Digital and Population Data Services Agency of the amount of compensation paid to the minor in excess of EUR 1000. According to the instructions of the Digital and Population Data Services Agency, the guardian and custodian of a child may not mix the assets of a minor with the assets of another.

The property of a person under 18 belongs to him or her, but the minor’s guardian is usually responsible for the minor’s financial affairs. A person other than the minor’s guardian may also act as guardian if the guardian is unable to look after the minor’s interests. When the amount of the compensation to be paid to the minor exceeds €20 000, the Digital and Population Data Services Agency registers it in the guardianship register and starts monitoring the management of the minor’s assets

• When the amount of the compensation for a minor is EUR 1,000 or more, the application must include the child’s bank account number.
• The application must be accompanied by a document, such as a copy or a screenshot of the child’s account, which identifies the account holder.
• If necessary, advice can be obtained from the Digital and Population Data Services Agency, for example on setting up a blocked account for a minor.

Criminal Damage Act 1204/2005
Damages Act 412/1974

Victim Support Finland
tel. 116 006
RIKUchat

Victim Support Finland (RIKU) improves the position of victims of crime, their loved ones and witnesses in criminal cases, for example by providing low-threshold support and counselling services. RIKU is available by phone, online and face-to-face. RIKU provides practical advice and emotional support to victims of crime or attempted crime, their loved ones and witnesses in criminal cases.

If you have any questions about compensation for criminal damage, our customer service is available to help you

• Monday to Friday from 9 to 12, tel. 0295 50 3540
• by e-mail at vastaamo.crime.damages(at)statetreasury.fi

Note!! The e-mail customer service is for advice only. Please do not send sensitive information by e-mail (e.g. medical reports).