The government-owned DigiFinland Oy provides the Omaolo service – aimed at citizens for the self-management of health – to municipalities and joint municipal authorities based on a commission agreement concluded with the Ministry of Social Affairs and Health. The company develops, maintains and distributes the service. The Ministry is responsible for steering the content of the digital public social and health services provided by the company. Service users may enter into an agreement with the company or be referred to the services of public service providers.
No legal provisions exist on the Omaolo service or DigiFinland’s tasks as the service provider. The Chancellor of Justice deemed that the Omaolo service provided by the company includes various service components, some of which are related to the rights protected by the Constitution of Finland and fall somewhere between public and private services. According to the Chancellor, in addition to fulfilling the obligation laid down in the Constitution to guarantee adequate social and health services to everyone, authorities can take action to encourage citizens to independently take care of their health without this action alone constituting a public administrative task. However, the Chancellor reminded that services provided in addition to or in connection with public services may not violate the service users’ legal right to access public social and health services.