Act of 14. April 2000 No. 31 relating to the
processing of personal data (Personal Data Act)
Chapter I Purpose and scope of the Act
Chapter II General rules for the processing of personal data
Chapter III Information on processing of personal data
Chapter IV Other rights of the data subject
Chapter V Transfer of personal data to other countries
Chapter VI Obligation to give notification and to obtain a
licence
Chapter VII Video surveillance
Chapter VIII Supervision and sanctions
Chapter IX Commencement. Transitional provisions. Amendments to
other statutes.
Chapter I Purpose and scope of the Act
Section 1 Purpose of the Act
The purpose of this Act is to protect natural persons from violation of
their right to privacy through the processing of personal data.
The Act shall help to ensure that personal data are processed in accordance
with fundamental respect for the right to privacy, including the need to
protect personal integrity and private life and ensure that personal data are
of adequate quality.
Section 2 Definitions
For the purposes of this Act, the following definitions shall apply:
- personal data: any information and assessments that may be linked to a
natural person,
- processing of personal data: any use of personal data, such as collection,
recording, alignment, storage and disclosure or a combination of such uses,
- personal data filing system: filing systems, records, etc. where personal
data is systematically stored so that information concerning a natural person
may be retrieved.
- controller: the person who determines the purpose of the processing of
personal data and which means are to be used,
- processor: the person who processes personal data on behalf of the
controller,
- data subject: the person to whom personal data may be linked,
- consent: any freely given, specific and informed declaration by the data
subject to the effect that he or she agrees to the processing of personal data
relating to him or her,
- sensitive personal data: information relating to
a) racial or ethnic origin, or political opinions, philosophical or religious
beliefs,
b) the fact that a person has been suspected of, charged with, indicted for or
convicted of a criminal act,
c) health,
d) sex life,
e) trade-union membership.
Section 3 Substantive scope of the Act
This Act shall apply to
a) processing of personal data wholly or partly by automatic means, and
b) other processing of personal data which form part of or are intended to form
part of a personal data filing system.
This Act shall not apply to processing of personal data carried out by a
natural person for exclusively personal or other private purposes.
The King may prescribe regulations to the effect that this Act or parts of
this Act shall not apply to specified institutions and administrative spheres.
The King may prescribe regulations regarding the processing of personal data
in special activities or sectors. As regards the processing of personal data in
connection with credit information services, provisions may be laid down in
regulations regarding inter alia the type of data that may be processed, the
sources from which personal data may be obtained, the persons to whom credit
information may be disclosed and how such disclosure may be effected, the
erasure of negative credit information and the obligation of professional
secrecy of the employees of the credit information agency. Rules may also be
prescribed to the effect that the Act or individual provisions laid down in or
pursuant to the Act shall apply to the processing of credit information
relating to persons other than natural persons.
Section 4 Territorial extent of the Act
This Act shall apply to controllers who are established in Norway. The King
may by regulations decide that the Act shall wholly or partly apply to Svalbard
and Jan Mayen, and lay down special rules regarding the processing of personal
data for these areas.
This Act shall also apply to controllers who are established in states
outside the territory of the EEA if the controller makes use of equipment in
Norway. However, this shall not apply if such equipment is used only to
transfer personal data through Norway.
Controllers such as are mentioned in the second paragraph shall have a
representative who is established in Norway. The provisions that apply to the
controller shall also apply to the representative.
Section 5 Relationship to other Acts
The provisions of this Act shall apply to the processing of personal data
unless otherwise provided by a special statute which regulates the method of
processing.
Section 6 Relationship to the statutory right of access to information
pursuant to other statutes
This Act shall not limit the right of access to information pursuant to the
Freedom of Information Act, the Public Administration Act or any other
statutory right of access to personal data.
If another statutory right of access provides broader access to information
than this Act, the controller shall on his own initiative provide information
concerning the right to request such access.
Section 7 Relationship to freedom of expression
The processing of personal data exclusively for artistic, literary or
journalistic, including opinion-forming, purposes shall only be governed by the
provisions of sections 13-15, 26, 36-41, cf. Chapter VIII.
Chapter II General rules for the processing of personal data
Section 8 Conditions for the processing of personal data
Personal data (cf. section 2, no. 1) may only be processed if the data
subject has consented thereto, or there is statutory authority for such
processing, or the processing is necessary in order
a) to fulfil a contract to which the data subject is party, or to take steps at
the request of the data subject prior to entering into such a contract,
b) to enable the controller to fulfil a legal obligation,
c) to protect the vital interests of the data subject,
d) to perform a task in the public interest,
e) to exercise official authority, or
f) to enable the controller or third parties to whom the data are disclosed to
protect a legitimate interest, except where such interest is overridden by the
interests of the data subject.
Section 9 Processing of sensitive personal data
Sensitive personal data (cf. section 2, no.8) may only be processed if the
processing satisfies one of the conditions set out in section 8 and
a) the data subject consents to the processing,
b) there is statutory authority for such processing,
c) the processing is necessary to protect the vital interests of a person, and
the data subject is incapable of giving his or her consent,
d) the processing relates exclusively to data which the data subject has
voluntarily and manifestly made public,
e) the processing is necessary for the establishment, exercise or defence of a
legal claim,
f) the processing is necessary to enable the controller to fulfil his
obligations or exercise his rights in the field of employment law,
g) the processing is necessary for the purposes of preventive medicine, medical
diagnosis, the provision of care or treatment or the management of health care
services, and where the data are processed by health professionals subject to
the obligation of professional secrecy, or
h) the processing is necessary for historical, statistical or scientific
purposes, and the public interest in such processing being carried out clearly
exceeds the disadvantages it might entail for the natural person.
Non-profit associations and foundations may process sensitive personal data
in the course of their activities even if such processing does not satisfy one
of the conditions laid down in the first paragraph, litra a-h. Such processing
may apply solely to data relating to members or to persons who, on account of
the purposes of the association or foundation, voluntarily have regular contact
with it, and solely to data which are collected through such contact. The
personal data may not be disclosed without the consent of the data subject.
The Data Inspectorate may decide that sensitive personal data may also be
processed in other cases if this is warranted by important public interests and
steps are taken to protect the interests of the data subject.
Section 10 Register of criminal convictions
A complete register of criminal convictions may only be kept under the
control of official authority.
Section 11 Basic requirements for the processing of personal data
The controller shall ensure that personal data which are processed
a) are processed only when this is authorized pursuant to sections 8 and 9,
b) are used only for explicitly stated purposes that are objectively justified
by the activities of the controller,
c) are not used subsequently for purposes that are incompatible with the
original purpose of the collection, without the consent of the data subject,
d) are adequate, relevant and not excessive in relation to the purpose of the
processing, and
e) are accurate and up-to-date, and are not stored longer than is necessary for
the purpose of the processing, cf. sections 27 and 28.
Subsequent processing of personal data for historical, statistical or
scientific purposes is not deemed to be incompatible with the original purposes
of the collection of the data, cf. first paragraph, litra c, if the public
interest in the processing being carried out clearly exceeds the disadvantages
this may entail for natural persons.
Section 12 Use of personal identity numbers, etc.
Personal identity numbers and other clear means of identification may only
be used in the processing when there is a objective need for certain
identification and the method is necessary to achieve such identification.
The Data Inspectorate may require a controller to use such means of
identification as are mentioned in the first paragraph to ensure that the
personal data are of adequate quality.
The King may by regulations prescribe further rules regarding the use of
personal identity numbers and other clear means of identification.
Section 13 Data security
The controller and the processor shall by means of planned, systematic
measures ensure satisfactory data security with regard to confidentiality,
integrity and accessibility in connection with the processing of personal data.
To achieve satisfactory data security, the controller and processor shall
document the data system and the security measures. Such documentation shall be
accessible to the employees of the controller and of the processor. The
documentation shall also be accessible to the Data Inspectorate and the Privacy
Appeals Board.
Any controller who allows other persons to have access to personal data,
e.g. a processor or other persons performing tasks in connection with the data
system, shall ensure that the said persons fulfil the requirements set out in
the first and second paragraphs.
The King may prescribe regulations regarding data security in connection
with the processing of personal data, including further rules regarding
organisational and technical security measures.
Section 14 Internal control
The controller shall establish and maintain such planned and systematic
measures as are necessary to fulfil the requirements laid down in or pursuant
to this Act, including measures to ensure the quality of personal data.
The controller shall document the measures. The documentation shall be
accessible to the employees of the controller and of the processor. The
documentation shall also be accessible to the Data Inspectorate and the Privacy
Appeals Board.
The King may prescribe regulations containing further rules regarding
internal control.
Section 15 The processor's right of disposition over personal data
No processor may process personal data in any way other than that which is
agreed in writing with the controller. Nor may the data be turned over to
another person for storage or manipulation without such agreement.
It shall also be stated in the agreement with the controller that the
processor undertakes to carry out such security measures as ensue from section
13.
Section 16 Time limit for replying to inquiries regarding data, etc.
The controller shall reply to inquiries regarding access or other rights
pursuant to sections 18, 22, 25, 26, 27 and 28 without undue delay and not
later than 30 days from the date of receipt of the inquiry.
If special circumstances should make it impossible to reply to the inquiry
within 30 days, implementation may be postponed until it is possible to reply.
In such case, the controller shall give a provisional reply stating the reason
for the delay and when a reply is likely to be given.
Section 17 Payment
The controller may not request compensation for providing data pursuant to
Chapter III or for meeting demands of the data subject pursuant to Chapter IV.
Chapter III Information on processing of personal data
Section 18 Right of access
Any person who so requests shall be informed of the kind of processing of
personal data a controller is performing, and may demand to receive the
following information as regards a specific type of processing:
a) the name and address of the controller and of his representative, if any,
b) who has the day-to-day responsibility for fulfilling the obligations of the
controller,
c) the purpose of the processing,
d) descriptions of the categories of personal data that are processed,
e) the sources of the data, and
f) whether the personal data will be disclosed, and if so, the identity of the
recipient. If the person requesting access is a data subject, the controller
shall inform him of
a) the categories of data concerning the data subject that are
being processed, and
b) the security measures implemented in connection with the processing insofar
as such access does not prejudice security.
The data subject may demand that the controller elaborate on the information
in the first paragraph, litra a-f to the extent that this is necessary to
enable the data subject to protect his or her own interests.
The right to information pursuant to the second and third paragraphs shall
not apply if the personal data are being processed exclusively for historical,
statistical or scientific purposes and the processing will have no direct
significance for the data subject.
Section 19 Obligation to provide information when data is collected from
the data subject
When personal data is collected from the data subject himself, the
controller shall on his own initiative first inform the data subject of
a) the name and address of the controller and of his representative, if any
b) the purpose of the processing,
c) whether the data will be disclosed and if so, the identity of the recipient,
d) the fact that the provision of data is voluntary, and
e) any other circumstances that will enable the data subject to exercise his
rights pursuant to this Act in the best possible way, such as information on
the right to demand access to data, cf. section 18, and the right to demand
that data be rectified, cf. sections 27 and 28.
Notification is not required if there is no doubt that the data subject
already has the information in the first paragraph.
Section 20 Obligation to provide information when data is collected from
persons other than the data subject
A controller who collects personal data from persons other than the data
subject shall on his own initiative inform the data subject of which data are
being collected and provide such information as is mentioned in section 19,
first paragraph, as soon as the data have been obtained. If the purpose of
collecting the data is to communicate them to other persons, the controller may
wait to notify the data subject until such disclosure takes place.
The data subject is not entitled to notification pursuant to the first
paragraph if
a) the collection or communication of data is expressly authorized by statute,
b) notification is impossible or disproportionately difficult, or
c) there is no doubt that the data subject already has the information which
shall be contained in the notification.
When notification is omitted pursuant to litra b, the information shall
nonetheless be provided at the latest when the data subject is contacted on the
basis of the data.
Section 21 Obligation to provide information in connection with the use of
personal profiles
When a person contacts the data subject or makes decisions to which the data
subject is subject on the basis of personal profiles that are intended to
describe behaviour, preferences, abilities or needs, for instance in connection
with marketing activities, the controller shall inform the data subject of
a) the identity of the controller,
b) the categories of data which are being used, and
c) the sources of the data.
Section 22 Right to information regarding automated decisions
If a decision has legal or another significant effects for the data subject
and is based solely on automated processing of personal data, the data subject
who is subject to the decision may demand that the controller give an account
of the rules incorporated in the computer software which form the basis for the
decision.
Section 23 Exceptions to the right to information
The right to access pursuant to sections 18 and 22 and the obligation to
provide information pursuant to sections 19, 20 and 21 do not encompass data
a) which, if known, might endanger national security, national defence or the
relationship to foreign powers or international organizations,
b) regarding which secrecy is required in the interests of the prevention,
investigation, exposure and prosecution of criminal acts,
c) which it must be regarded as inadvisable for the data subject to gain
knowledge of, out of consideration for the health of the person concerned or
for the relationship to persons close to the person concerned,
d) to which a statutory obligation of professional secrecy applies,
e) which are solely to be found in texts drawn up for internal preparatory
purposes and which have not been disclosed to other persons,
f) regarding which it will be contrary to obvious and fundamental private or
public interests to provide information, including the interests of the data
subject himself.
Data pursuant to the first paragraph, litra c, may nonetheless on request be
made known to a representative of the data subject when there are no special
reasons for not doing so. Any person who refuses to provide access to data
pursuant to the first paragraph must give the reason for this in writing with a
precise reference to the provision governing exceptions.
The King may prescribe regulations regarding other exceptions from the right
of access and the obligation to provide information and regarding conditions
for the use of right of access.
Section 24 How the information shall be provided
The information may requested in writing from the controller or from his
processor as mentioned in section 15. Before providing access to data relating
to a data subject, the controller may require that the data subject furnish a
written, signed request.
Chapter IV Other rights of the data subject
Section 25 Right to demand manual processing
Any person who is subject to a fully automated decision such as is mentioned
in section 22 or to whom the case otherwise directly relates may demand that
the decision be reviewed by a physical person.
The right pursuant to the first paragraph shall not apply if the data
subject's interests in terms of protection of privacy are adequately
safeguarded and the decision is authorized by statute or is related to the
performance of a contract.
Section 26 Right to be excluded from direct marketing
The King may prescribe regulations regarding a central marketing exclusion
register with further rules governing the register.
The data subject may demand that his name be blocked as regards use in
direct marketing, irrespective of the medium. Such blocking may be demanded in
both the central marketing exclusion register and in the marketer's register of
addresses.
Controllers who engage in direct marketing shall update their register of
addresses in relation to the central marketing exclusion register prior to
sending out mailings for the first time and at least four times yearly.
Any person who receives direct advertising shall be informed as to who
provided the personal data on which the mailing was based.
The right to request blocking in the central marketing exclusion register
does not apply to marketing of the products of controllers with whom the data
subject has a current customer relationship.
Section 27 Rectification of deficient personal data
If personal data which are inaccurate or incomplete or of which processing
is not authorized, the controller shall on his own initiative or at the request
of the data subject rectify the deficient data. The controller shall if
possible ensure that the error does not have an effect on the data subject, for
instance by notifying recipients of disclosed data.
The rectification of inaccurate or incomplete personal data which may be of
significance as documentation shall be effected by marking the data clearly and
supplementing them with accurate data.
If weighty considerations relating to protection of privacy so warrant, the
Data Inspectorate may, notwithstanding the second paragraph, decide that
rectification shall be effected by erasing or blocking the deficient personal
data. If the data may not be destroyed pursuant to the Archives Act, the
Director General of the National Archives of Norway shall be consulted prior to
making an administrative decision regarding erasure. This decision shall take
precedence over the provisions of sections 9 and 18 of the Archives Act of 4
December 1992 No. 126.
Erasure should be supplemented by the recording of accurate and complete
data. If this is impossible, and the document which contained the erased data
therefore provides a clearly misleading picture, the entire document shall be
erased.
The King may prescribe regulations containing supplementary provisions as
regards how to effect rectification.
Section 28 Prohibition against storing unnecessary personal data
The controller shall not store personal data longer than is necessary to
carry out the purpose of the processing. If the personal data shall not
thereafter be stored in pursuance of the Archives Act or other legislation,
they shall be erased.
The controller may, notwithstanding the first paragraph, store personal data
for historical, statistical or scientific purposes, if the public interest in
the data being stored clearly exceeds the disadvantages this may entail for the
person concerned. In this case, the controller shall ensure that the data are
not stored in ways which make it possible to identify the data subject longer
than necessary.
The data subject may demand that data which are strongly disadvantageous to
him or her shall be blocked or erased if this
a) is not contrary to another statute, and
b) is justifiable on the basis of an overall assessment of, inter alia the
needs of other persons for documentation, the interests of the data subject,
cultural historical interests and the resources required to carry out the
demand.
After the Director General of the National Archives of Norway has been
consulted, the Data Inspectorate may decide that the right to erase data
pursuant to the third paragraph shall take precedence over the provisions of
sections 9 and 18 of the Archives Act of 4 December 1992 No. 126.
If the document which contained the erased data gives a clearly misleading
picture after the erasure, the entire document shall be erased.
Chapter V Transfer of personal data to other countries
Section 29 Basic conditions
Personal data may only be transferred to countries which ensure an adequate
level of protection of the data. Countries which have implemented Directive
95/46/EC on the protection of individuals with regard to the processing of
personal data and on the free movement of such data meet the requirement as
regards an adequate level of protection.
In assessing the adequacy of the level of protection, emphasis shall be
placed, inter alia on the nature of the data, the purpose and duration of the
proposed processing and the rules of law and the professional rules and
security measures which apply in the country in question. Importance shall also
be attached to whether the country has acceded to the Council of Europe's
Convention No. 108 of 28 January 1981 on the protection of individuals with
regard to the automatic processing of personal data.
Section 30 Exceptions
Personal data may also be transferred to countries which do not ensure an
adequate level of protection if
a) the data subject has consented to the transfer,
b) there is an obligation to transfer the data pursuant to an international
agreement or as a result of membership of an international organization,
c) the transfer is necessary for the performance of a contract with the data
subject, or for the performance of tasks at the request of the data subject
prior to entering into such a contract,
d) the transfer is necessary for the conclusion or performance of a contract
with a third party in the interest of the data subject,
e) the transfer is necessary in order to protect the vital interests of the
data subject,
f) the transfer is necessary in order to establish, exercise or defend a legal
claim,
g) the transfer is necessary or legally required in order to protect an
important public interest, or
h) there is statutory authority for demanding data from a public register.
The Data Inspectorate may allow transfer even if the conditions of the first
paragraph are not fulfilled if the controller provides adequate safeguards with
respect to the protection of the rights of the data subject. The Data
Inspectorate may stipulate conditions for the transfer.
The King may prescribe regulations regarding the transfer of personal data
to another country, including regarding stopping or limiting transfers to
specified countries which do not satisfy the requirements set out in section
29.
Chapter VI Obligation to give notification and to obtain a
licence
Section 31 Obligation to give notification
The controller shall notify the Data Inspectorate before
a) processing personal data by automatic means
b) establishing a manual personal data filing system which contains sensitive
personal data.
Notification shall be given not later than 30 days prior to commencement of
processing. The Data Inspectorate shall give the controller a receipt of
notification.
New notification must be given prior to processing that exceeds the limits
for processing provided for in section 32. Even if no changes have taken place,
new notification shall be given three years after the previous notification was
given.
The King may prescribe regulations to the effect that certain methods of
processing or controllers are exempted from the obligation to give
notification, subject to a simplified obligation to give notification or
subject to an obligation to obtain a licence. For processing that is exempt
from the obligation to give notification, regulations may be prescribed to
limit the disadvantages that processing otherwise may entail for the data
subject.
Section 32 Content of the notification
The notification shall provide information regarding
a) the name and address of the controller and his representative and processor,
if any,
b) when the processing will begin,
c) who has the day-to-day responsibility for fulfilling the obligations of the
controller,
d) the purpose of the processing,
e) an overview of the categories of personal data that are to be processed,
f) the sources of the personal data,
g) the legal basis for collecting the data,
h) the persons to whom the personal data will be disclosed, including
recipients in other countries, if any, and
i) the security measures relating to the processing.
The King may prescribe regulations regarding the data which notifications
shall contain and the implementation of the obligation to give notification.
Section 33 Obligation to obtain a licence
A licence from the Data Inspectorate is required for the processing of
sensitive personal data. This does not apply, however, to the processing of
sensitive personal data which have been volunteered by the data subject.
The Data Inspectorate may decide that the processing of data other than
sensitive personal data shall also be subject to licensing, if such processing
otherwise will clearly violate weighty interests relating to protection of
privacy. In assessing whether a licence is necessary, the Data Inspectorate
shall, inter alia take account of the nature and quantity of the personal data
and the purpose of the processing.
The controller may demand that the Data Inspectorate decide whether
processing will be subject to licensing.
The obligation to obtain a licence pursuant to the first and second
paragraphs shall not apply to the processing of personal data in central
government or municipal bodies when such processing is authorized by special
statute.
The King may prescribe regulations to the effect that certain processing
methods are not subject to licensing pursuant to the first paragraph. As
regards processing methods which are exempt from licensing, regulations may be
prescribed to limit the disadvantages which processing may otherwise entail for
the data subject.
Section 34 Decision as to whether to grant a licence
When deciding whether to grant a licence, it shall be clarified whether the
processing of personal data may cause disadvantages for an individual which are
not remedied by the provisions of Chapters II-V and conditions pursuant to
section 35. In such case, an assessment must be made as to whether the
disadvantages are offset by considerations that favour the processing.
Section 35 Conditions laid down in the licence
In the licence, an assessment shall be made as to whether to lay down
conditions for processing when such conditions are necessary to limit the
disadvantages the processing would otherwise entail for the data subject.
Chapter VII Video surveillance
Section 36 Definition
The term "video surveillance" shall mean the continuous or
regularly repeated surveillance of persons by means of a remote-controlled or
automatically operated video camera, camera or similar device.
Section 37 Scope
The provisions of sections 38-41 shall apply to all video surveillance. The
same applies to sections 8, 9, 11, 31 and 32. However, video surveillance of
which the purpose is to uncover such data as are mentioned in section 2, no. 8,
litra b, is permitted even if the conditions set out in section 9, first
paragraph, are not fulfilled.
When image recordings from video surveillance are stored in a way that makes
it possible to retrieve data relating to a specific person, cf. section 3,
first paragraph, the other provisions of this Act shall also apply. However,
the obligation to obtain a licence pursuant to section 33 shall not apply to
video surveillance of which the purpose is to uncover data such as are
mentioned in section 2, no. 8, litra b.
Section 38 Basic requirements for surveillance
Video surveillance of a place which is regularly frequented by a limited
group of people is only permitted if there is a special need for such
surveillance in the interests of the said activities.
Section 39 Disclosure of image recordings made in connection with video
surveillance
Personal data which are collected by means of image recordings made in
connection with video surveillance may only be disclosed to a person other than
the controller if the subject of the recording consents thereto or if there is
statutory provision for such disclosure. However, unless the statutory
obligation of professional secrecy prevents disclosure, image recordings may be
disclosed to the police in connection with the investigation of criminal acts
or accidents.
Section 40 Notification that surveillance is being carried out
When a public place or a place which is regularly frequented by a limited
group of people is subject to video surveillance, attention shall be drawn
clearly by means of a sign or in some other way to the fact that the place is
under surveillance and to the identity of the controller.
Section 41 Regulations
The King may prescribe regulations containing further provisions regarding
video surveillance and image recordings in connection with such surveillance,
and regarding the protection, use and erasure of image recordings made in
connection with video surveillance and on the right of the surveillance subject
to have access to the portions of the image recordings in which he or she
appears. Regulations may also be prescribed to the effect that image recordings
may be disclosed in circumstances other than those mentioned in section 39.
Chapter VIII Supervision and sanctions
Section 42 The organization and functions of the Data Inspectorate
The Data Inspectorate is an independent administrative body subordinate to
the the King and the Ministry. The King and the Ministry may not issue
instructions regarding or reverse the Data Inspectorate's exercise of authority
in individual cases pursuant to statute. The Data Inspectorate is headed by a
director who is appointed by the King. The King may decide that the director
shall be appointed for a fixed period of time.
The Data Inspectorate shall
1) keep a systematic, public record of all processing that is reported pursuant
to section 31 or for which a licence has been granted pursuant to section 33,
with information such as is mentioned in section 18, first paragraph, cf.
section 23,
2) deal with applications for licences, receive notifications and assess
whether orders shall be made in cases where this is authorized by law,
3) verify that statutes and regulations which apply to the processing of
personal data are complied with, and that errors or deficiencies are rectified,
4) keep itself informed of and provide information on general national and
international developments in the processing of personal data and on the
problems related to such processing,
5) identify risks to protection of privacy, and provide advice on ways of
avoiding or limiting such risks,
6) provide advice and guidance in matters relating to protection of privacy and
the protection of personal data to persons who are planning to process personal
data or develop systems for such processing, including assistance in drawing up
codes of conduct for various sectors,
7) on request or on its own initiative give its opinion on matters relating to
the processing of personal data, and
8) submit an annual report on its activities to the King.
Decisions made by the Data Inspectorate pursuant to sections 9, 12, 27, 28,
30, 33, 34, 35, 44, 46 and 47 may be appealed to the Privacy Appeals Board.
Decisions made pursuant to sections 27 or 28 may be further appealed to the
King if the decision concerns personal data which are processed for historical
purposes.
Section 43 Organization and functions of the Privacy Appeals Board
The Privacy Appeals Board shall decide appeals against the decisions of the
Data Inspectorate, cf. section 42, fourth paragraph. The Board is an
independent administrative body subordinate to the King and the Ministry.
Section 42, first paragraph, second sentence, shall apply correspondingly.
The Privacy Appeals Board consists of seven members who are appointed for a
term of four years with the possibility of reappointment for a further four
years. The chairman and deputy chairman are appointed by the Storting. The
other five members are appointed by the King.
The Privacy Appeals Board may decide that the chairman or the deputy
chairman together with two other board members may deal with appeals against
decisions that must be decided without delay.
The Privacy Appeals Board shall give the King an annual report on its
hearing of appeals.
Legal action regarding the validity of the decisions made by the Privacy
Appeals Board shall be addressed to the State as represented by the Privacy
Appeals Board.
The King may prescribe further rules regarding the organization and
administrative procedures of the Privacy Appeals Board.
Section 44 Access of the supervisory authorities to data
The Data Inspectorate and the Privacy Appeals Board may demand any data
necessary to enable them to carry out their functions.
In connection with its verification of compliance with statutory provisions,
the Data Inspectorate may demand admittance to places where personal data
filing systems, surveillance equipment and image recordings such as are
mentioned in section 37, personal data that are processed automatically and
technical aids for such processing are located. The Inspectorate may carry out
such tests or inspections as it deems necessary and may demand such assistance
from the personnel in such places as is necessary to carry out the tests or
inspections.
The right to demand information or admittance to premises and aids pursuant
to the first and second paragraphs shall apply notwithstanding any obligation
of professional secrecy.
The King may prescribe regulations regarding exemptions from the first to
third paragraphs in the interests of the security of the realm. The King may
also issue regulations concerning the reimbursement of expenses incurred in
connection with inspections. Recovery of any amount outstanding in the
reimbursement of such expenses may be enforced by execution.
Section 45 Obligation of professional secrecy for the supervisory
authorities
Employees of the Data Inspectorate, members of the Privacy Appeals Board and
other persons who are in the service of the supervisory authorities shall be
subject to the provisions regarding the obligation of professional secrecy laid
down in sections 13 ff. of the Public Administration Act. The obligation of
professional secrecy shall also apply to information concerning security
measures, cf. section 13.
The Data Inspectorate and the Privacy Appeals Board may, notwithstanding
their obligation of professional secrecy pursuant to the first paragraph, give
information to the supervisory authorities of other countries when this is
necessary in order to be able to make administrative decisions in connection
with supervisory activities.
Section 46 Orders to change or cease unlawful processing
The Data Inspectorate may issue orders to the effect that the processing of
personal data which is contrary to provisions laid down in or pursuant to this
Act shall cease or impose conditions which must be fulfilled in order for the
processing to be in compliance with the Act.
Section 47 Coercive fine
In connection with orders pursuant to sections 12, 27, 28 and 46, the Data
Inspectorate may impose a coercive fine which will run for each day from the
expiry of the time limit set for compliance with the order until the order has
been complied with.
The coercive fine shall not run until the time limit for lodging an appeal
has expired. If the administrative decision is appealed, the coercive fine
shall not run until so decided by the Privacy Appeals Board. The Data
Inspectorate may waive a coercive fine that has been incurred.
Section 48 Penalties
Anyone who wilfully or through gross negligence
a) omits to send notification pursuant to section 31,
b) processes personal data without the necessary licence pursuant to section
33,
c) violates the conditions laid down pursuant to sections 35 or 46,
d) omits to comply with orders of the Data Inspectorate pursuant to sections
12, 27, 28 or 46,
e) processes personal data contrary to sections 13, 15, 26 or 39, or
f) omits to provide information pursuant to sections 19, 20, 21, 40 or 44,
shall be liable to fines or imprisonment for a term not exceeding one year or
both.
In particularly aggravating circumstances, a sentence of imprisonment for a
term not exceeding three years may be imposed. In deciding whether there are
particularly aggravating circumstances, emphasis shall be placed, inter alia on
the risk of great damage or inconvenience to the data subject, the gain sought
by means of the violation, the duration and scope of the violation, manifest
fault, and on whether the controller has previously been convicted of violating
similar provisions.
An accomplice shall be liable to similar penalties.
In regulations issued pursuant to this Act, it may be prescribed that any
person who wilfully or through gross negligence violates such regulations shall
be liable to fines or imprisonment for a term not exceeding one year or both.
Section 49 Compensation
The controller shall compensate damage suffered as a result of the fact that
personal data have been processed contrary to provisions laid down in or
pursuant to this Act, unless it is established that the damage is not due to
error or neglect on the part of the controller.
Controllers who provide credit information and who have communicated
information which proves to be inaccurate or obviously misleading shall
compensate any damage that has been suffered as a result of the erroneous
communication, regardless of whether the damage is due to error or neglect on
the part of the controller.
The compensation shall be equivalent to the financial loss incurred by the
injured party as a result of the unlawful processing. The controller may also
be ordered to pay such compensation for damage of a non-economic nature
(compensation for non-pecuniary damage) as seems reasonable.
Chapter IX Commencement. Transitional provisions. Amendments to
other statutes.
Section 50 Commencement
This Act shall enter into force from the date decided by the King. The King
may decide that the individual provisions of the Act shall enter into force on
different dates.
Section 51 Transitional provisions
1. In respect of processing of personal data which commenced prior to the
entry into force of this Act and which is subject to notification and licensing
pursuant to the provisions of Chapter VI, notification shall be sent pursuant
to section 31 or an application shall be made to the Data Inspectorate for a
licence pursuant to section 33 not later than one year after the entry into
force of this Act. If the processing is being carried out in accordance with a
licence pursuant to section 9 of the Personal Data Filing System Act, the time
limit for sending notification or applying for a licence shall be two years
from the date of entry into force. Until notification has been sent or the Data
Inspectorate has granted a licence, the personal data may be processed in
accordance with the provisions of the Personal Data Filing System Act.
2. A consent given by a data subject prior to the entry into force of this Act
shall still apply, if it satisfies the conditions set out in section 2, no. 7.
3. Appeals received by the Data Inspectorate after the entry into force of this
Act shall be dealt with by the Privacy Appeals Board.
4. The King may by regulations prescribe further transitional provisions.
Section 52 Amendments to other statutes
The following amendments shall be made to other statutes:
1. Act of 22 May 1902 No. 10 relating to the General Civil Penal Code shall be
amended as follows: Section 390 b is repealed.
2. Act of 9 June 1978 No. 48 relating to Personal Data Filing Systems, etc.
is repealed.
3. Section 202 a, first paragraph, of Act of 22 May 1981 No. 25 relating to
Legal Procedure in Criminal Cases shall read as follows:
If there is just cause to suspect that one or more criminal acts punishable
pursuant to statute with imprisonment for a term exceeding six months have been
committed, the police may carry out concealed video surveillance of a public
place as specified in section 40 of the Personal Data Act if such surveillance
will be of essential significance for the investigation. Section 196 shall
apply correspondingly.
4. Section 22, second paragraph, of Act of 13 May 1988 No. 26 relating to
Recovery of Debt shall read:
The first paragraph shall not prevent data from being turned over to or
lawfully used in credit information activities which are carried out in
accordance with the Personal Data Act.
5. Act of 4 December 1992 No. 126 relating to Archives shall be amended as
follows:
Section 9, litra c, third sentence, shall read:
Personal data filing systems or parts of a personal data filing system may
however be erased pursuant to the provisions of the Personal Data Act.
Section 9, litra d, second sentence, shall read:
Provisions regarding erasure prescribed pursuant to section 27, third and
fifth paragraphs, and section 28, fourth paragraph, of the Personal Data Act,
shall however apply in full.
Section 18, second sentence, shall read:
The provisions of the Personal Data Act regarding rectification and erasure
of data shall however apply in full.
6. Section 11, third paragraph, of Act of 19 June 1997 No. 62 relating to
Family Counselling Services shall read:
The processing of clients' records is not subject to licensing pursuant to
section 33 of the Personal Data Act.
7. Act of 26 June 1998 No. 47 relating to Leisure Boats and Small Craft
shall be amended as follows:
Section 13, second sentence, shall read:
Compilation may otherwise only be effected when this follows from another
statute or from an administrative decision pursuant to the Personal Data Act.
Section 14 shall read:
Section 14 Right of access
Right of access pursuant to section 18, cf. section 23, of the Personal Data
Act shall apply to the register of small craft.
Section 16 shall read:
Section 16 Responsibility of the registration authority
The registration authority mentioned in section 3 shall ensure compliance
with provisions laid down in or pursuant to sections 10 to15 of this Act and
the Personal Data Act.
8. The Act relating to the Schengen Information System (SIS) shall be
amended as follows:
Section 3, second paragraph, third and fourth sentences, shall read:
The documentation shall also be accessible to the Data Inspectorate and the
Privacy Appeals Board. Employees of the Data Inspectorate, members of the
Privacy Appeals Board or other persons in the service of the supervisory
authorities shall prevent unauthorized persons from gaining access to
information regarding security measures.
Section 4, second paragraph, shall read:
The controller shall document the measures. The documentation shall be made
available to the employees of the controller and his processor. The
documentation shall also be accessible to the Data Inspectorate and the Privacy
Appeals Board.
Section 22, first paragraph, first sentence, shall read:
The Data Inspectorate and the Privacy Appeals Board may demand such data as
are necessary to perform their functions.
Section 23, second paragraph, shall read:
The administrative decisions of the Data Inspectorate pursuant to the first
paragraph may be appealed to the Privacy Appeals Board.
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