tarpeellisuusperiaatetta

Tarpeellisuusperiaate, or the principle of necessity, is a fundamental concept in Finnish law and public administration. It requires that measures taken by authorities to achieve a legitimate objective are necessary and not excessive, considering the objective and feasible alternatives.

Typically, the principle is considered together with the proportionality principle (suhteellisuusperiaate). The necessity test asks whether the measure is suitable and indispensable for attaining the objective, and whether a less restrictive or intrusive means exists.

Application of tarpeellisuusperiaate is broad. It is used in administrative decisions, in the work of administrative courts, and in areas such as data protection, public security, welfare services, and urban planning. In data protection, for example, the processing of personal data must be necessary for the stated purpose and limited to what is necessary (data minimization). In law enforcement, restrictions on rights must be necessary to achieve a legitimate aim.

Evaluation criteria typically include: (1) a legitimate aim, (2) suitability of the measure to achieve that aim, (3) necessity—no feasible less restrictive alternative, and (4) proportionality in the broader sense, weighing benefits against burdens.

Context and notes: In Finnish doctrine, tarpeellisuusperiaate functions as a standard of justification for state action and is part of the broader proportionality framework. While it helps limit government action, critics sometimes argue that the notion can be vague, requiring courts and authorities to provide careful justification for why a measure is needed.