Norway
Name of law: Act of 19 May 2006 No. 16 relating to the right of access to documents held by public authorities and public undertakings (Freedom of Information Act)
First adopted: 1970
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 1970
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Despite its constitutional recognition of the right to information, Norway does not take after their Scandinavian neighbours who have a tradition of strong RTI legislation. The law is instead steeped with flaws that result in an average score. The scope is restricted to executive offices and its application is further impeded by an overreaching series of exceptions that are not harm-tested. Also, there is no trump provision in the legislation, so other domestic statutes can generate further exceptions to block information disclosure. A further area for improvement is the establishment of a promotional body to advance the right to information. That being said, Norway does have a relatively well-established appeals system, with both internal and external routes for reconsideration of refused requests.
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 16 | 30 |
| 3 | Requesting Procedures | 14 | 30 |
| 4 | Exceptions & Refusal | 16 | 30 |
| 5 | Appeals | 22 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 2 | 16 |
| ∑ = 77 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Constitution of Norway, Article 100, Paragraph 4. "Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons." | Link to the Constitution of Norway (English version) here |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 1 | Section 3. Main rule "Case documents, journals and similar registers of an administrative agency are public except as otherwise provided by statute or by regulations pursuant thereto.<...>" | Only applies a "right" of access to the information that is not exempted by an statute or regulations The law is limited by case documents, journals and similar registers of an administrative agency. (1 point loss). |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | Constitution of Norway, Article 100, Paragraph 5: "It is the responsibility of the authorities of the State to create conditions that facilitate open and enlightened public discourse." | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Section 3. Main rule "<...> Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." | No distinction between persons allowed to request information. No mention of legal entities. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | Section 3. Main rule "Case documents, journals and similar registers of an administrative agency are public except as otherwise provided by statute or by regulations pursuant thereto. Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." Section 4 Definitions "‘Document’ means any logically limited amount of information stored in a medium for subsequent reading, listening, presentation, or transfer or the like. <...>" | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | Section 3. Main rule "Case documents, journals and similar registers of an administrative agency are public except as otherwise provided by statute or by regulations pursuant thereto. Any person may apply to an administrative agency for access to case documents, journals and similar registers of that administrative agency." Section 28 "<...> A request for access must relate to a specific case or within reasonable limits to cases of a specific type.<...>" | No mention about the right to ask for information, only referred to documents/records. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Section 2 Scope of the Act "This Act applies to (a) the state, the county authorities and the municipal authorities, (b) any other legal person in cases where it makes individual decisions or issues regulations, <...>" | Not specifically mentioned, and no mention about archives (1 point deducted. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | Section 2, Paragraph 4 "This Act does not apply to the Storting, the Office of the Auditor General, the Storting's Ombudsman for Public Administration or other institutions of the Storting." | This Act does not apply to the Storting (Parliament), the Office of the Auditor General, the Storting's Ombudsman for Public Administration or other institutions of the Storting. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | Section 2, Paragraph 5 "This Act does not apply to the functions of courts of law pursuant to the statutes relating to the administration of justice. Nor does this Act apply to the functions of other public agencies pursuant to the statutes relating to the administration of justice in their capacity as justice administration agencies. Moreover, this Act does not apply to functions exercised by the police or the prosecuting authority pursuant to the Criminal Procedure Act. The King may by regulations make provision in regard to which statutes are to be regarded as statutes relating to the administration of justice, and to the effect that some functions under the statutes relating to the administration of justice shall nonetheless be encompassed by this Act." | This Act does not apply to cases dealt with pursuant to the statutes relating to the administration of justice. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2 "<...> (c) any independent legal person in which the state, county authority or municipal authority directly or indirectly has an equity share that gives it more than half of the votes in the highest body of that legal person, and (d) any independent legal person in which the state, county authority or municipal authority directly or indirectly has the right to elect more than half of the voting members in the highest body of that legal person. Subparagraphs (c) and (d) above do not apply to legal persons which mainly carry on business in direct competition with and on the same conditions as private legal persons. For entities which after public acquisition or the like come under (c) or (d) above, this Act applies from and including the fourth month-end after the month when the conditions were met." | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | Section 2. Scope of the Act "This Act applies to (a) the state, the county authorities and the municipal authorities, (b) any other legal person in cases where it makes individual decisions or issues regulations, <...>" | Some of the bodies are excluded like the ones mentioned before. One point deducted because of that. Not specifically mentioned. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Section 2. Scope of the Act "This Act applies to <...> (c) any independent legal person in which the state, county authority or municipal authority directly or indirectly has an equity share that gives it more than half of the votes in the highest body of that legal person, and (d) any independent legal person in which the state, county authority or municipal authority directly or indirectly has the right to elect more than half of the voting members in the highest body of that legal person." | The article involves only private bodies that perform a public function.1 point deducted. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | Partially | 1 | 28. Requests for access may be made orally or in writing. A request for access must relate to a specific case or within reasonable limits to cases of a specific type… | The law does not require reasons but also does not explicitly state they are not required. The law is not clear about what has to be included in requests, so there is some ambiguity here. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | Not mentioned | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Section 28. (Request for access): "Requests for access may be made orally or in writing. A request for access must relate to a specific case or within reasonable limits to cases of a specific type.<...>" | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | Public Administration Act § 11. (duty to provide guidance) "The administrative agencies have, within their sphere of competence, a general duty to provide guidance.<...>" | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | Not mentioned | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | Not mentioned | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | Public Administration Act § 11. (duty to provide guidance) "<...> If any person applies to the wrong authority, the administrative agency that receives the application shall, if possible, refer the person concerned to the proper agency. If an application to an administrative agency contains errors, misconceptions, inaccuracies or other defects that should be corrected by the sender, the agency shall, if necessary, notify him accordingly. The agency should at the same time set a time limit for correcting defects and if appropriate provide guidance on how this should be done. The King may make further provisions concerning the extent of the duty to provide guidance and the manner in which guidance shall be provided." | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | Section 30 How an administrative agency shall provide access "An administrative agency shall, with due regard for the proper procedure, decide how a document is to be made public.<...>" | An administrative agency decides about the format of public document. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 29. (Administrative agency responsible for deciding a request for access,etc): "<...> The request shall be decided without undue delay.<...>" | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | NO | 0 | Section 29 Administrative agency responsible for deciding a request for access, etc. "An administrative agency that receives a request for access shall consider the request on a concrete and independent basis. The request shall be decided without undue delay.<...>" | There are no clear timelines, however, the article says: "The request shall be decided without undue delay". |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | Public Administration Act § 11 a. (time spent on dealing with a case, provisional reply) "<...> If it is expected that it will take a disproportionately long time before an application can be answered, the administrative agency that received the application shall as soon as possible give a provisional reply. In this reply the reason why the application cannot be dealt with earlier shall be explained, and it shall, as far as possible, be stated when a reply can be expected. A provisional reply may be omitted if it is considered obviously unnecessary.<...>" | No clear timelines established (1 point loss). If it is expected that it will take a disproportionately long time before an application can be answered, the administrative agency that received the application shall as soon as possible give a provisional reply. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 8. (Main rule regarding access free of charge): "An administrative agency may only require payment for access under this Act insofar as it is authorised to do so by regulations pursuant to the second or third paragraphs.[...] The King may make regulations concerning payment for transcripts, printouts or copies. The rates of payment shall be such that the total income does not exceed the actual costs of copying and dispatching documents." | According to the law, the access to information is free of charge, however, The King may prescribe regulations concerning payment for transcripts, printouts and copies. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 6 | Chapter 3 - Exemptions from the right of access. Section 14. (Documents drawn up for an administrative agency’s internal preparation of a case (internal documents)). Section 24. (Exemptions in respect of regulatory or control measures, documents relating to offences and information liable to facilitate the commission of an offence, etc). Section 25. (Exemptions in respect of cases concerning appointments, etc.). Section 26. (Exemptions in respect of examination papers and grades, etc.) | |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | Section 11. (Enhanced access to information): "Where there is occasion to exempt information from access, an administrative agency shall nonetheless consider allowing full or partial access. The administrative agency should allow access if the interest of public access outweighs the need for exemption." | |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Public Administration Act § 16. (advance notification) "A party who has not already expressed his opinion on the case through an application or by other means shall be notified before an administrative decision is made and be given an opportunity to express his opinion within a stipulated time limit. If a minor over 15 years of age is a party to the case and is represented by a guardian, this provision shall also apply to the minor himself. The time limit runs from the day on which the notification is dispatched unless otherwise expressly stated. The advance notification shall explain the nature of the case, and otherwise contain such information as is considered necessary to enable the party to protect his interests in a proper manner. Normally, such advance notification shall be in writing. The advance notification in writing may be given by means of electronic communication when the recipient has explicitly approved of this method and has stated the electronic address that is to be used for such a purpose. Should it be especially burdensome to provide notification in writing, notification may be given orally or in some other way. Advance notification may be omitted if: a) such notification is not practicable or would entail a risk that the administrative decision cannot be implemented, b) the party has no known address and tracing him would require more time or effort than is reasonable having regard to the party's interests and to the significance of the notification, c) the party concerned has already been informed by other means of the impending administrative decision and has had reasonable opportunity and time to express an opinion, or if such notification for other reasons is considered to be obviously unnecessary." | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Section 11. (Enhanced access to information): "Where there is occasion to exempt information from access, an administrative agency shall nonetheless consider allowing full or partial access. The administrative agency should allow access if the interest of public access outweighs the need for exemption." | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Section 31. (Refusal and justification for the same): "Refusal of a request for access shall be in writing. An administrative agency shall always indicate the section on which the refusal was based, and any further subdivision of that section that has been applied.<...>" | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 32. (Appeal): "Decisions made pursuant to this Act may be appealed to the administrative agency that is immediately superior to the administrative agency that has made the decision.<...>" Public Administration Act. Article 29. (time limit for appeals): "The time limit for lodging an appeal shall be three weeks from the date on which notification of the administrative decision has reached the party concerned. If notification is made by public announcement, the time limit for an appeal shall run from the date on which the administrative decision was first published." | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 32 Appeal : "<...> Where an appeal is lodged against a decision made by a ministry, the ministry shall inform the appellant that the right to appeal to the Parliamentary Ombudsman for Public Administration does not apply to decisions made by the King in Council." Act concerning the Storting’s Ombudsman for Public Administration. Article 6 (Details regarding complaints and time limit for complaints): "Any person who believes he has sustained an injustice from the public administration may bring a complaint to the Ombudsman." | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 1 (Election of Ombudsman) After each Gerneral Election the Storting shall elect an Ombusdman for the Public Administration, the Civl Ombudsman. The election is for a period of four years reckoned from 1 january of the year following the General Election. [...] He must not be a member of the Storting. [...] If the Presidium of the Storting should deem the Ombudsman to be disqualified to deal with a particular matter, it shall elect a substitute Ombudsman to deal with the said matter." | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 3 (Pay, pension, other business): "The Ombudsman's pay and pension shall be determined by the Storting. The same applies to remuneration for the acting Ombudsman appointed in accordance with § 1 fourth paragraph first sentence. The remuneration for an acting Ombudsman appointed according to the fourth paragraph second sentence may be determined by the Storting's Presidium." | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 7 (Right to obtain information): " The Ombudsman may demand from public officials and from all other who serve in the public administration such information as the requires to discharge his duties [...]" Article 8 (Access to offices in the public administration): " The Ombudsman shall have access to places of work, offices and other premises of any administrative agency and any enterprise which come under his jurisdiction." Article 9 (Access to documents and pledge of secrecy): " The Ombudsman´s case documents are public. The Ombudsman shall have the final decision with regard to whether a document shall be wholly or partially exempt from public access. Further rules, including the access to exempt documents from public access, are provided in the Directive to the Ombudsman. [...]" | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 10 (Termination of a complaints case): "The Ombudsman is entitled to express his opinion on matter which come within his jurisdiction. […] If the Ombudsman finds that there are matters which may entail liability to pay compensation, he may, depending on the circumstances, suggest that compensation should be paid." | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 9 (Access to documents and pledge of secrecy): " The Ombudsman´s case documents are public. The Ombudsman shall have the final decision with regard to whether a document shall be wholly or partially exempt from public access. Further rules, in the access to exempt documents from public access, are provided in the Directive to the Ombudsman. [...]" | The law does not provide the external appeal for the common decision. The Ombudsman is a dual body. It is internal body for the decisions of Parliament and Ministry. And also external body for final administrative decisions. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | Section 32 Appeal "<...> If the person who requested access has not received a reply within five working days after the administrative agency received the request, this shall be regarded as a refusal which may be appealed against under the first paragraph. However, this does not apply where the King in Council is the appellate instance. Nor does the rule in the first sentence apply to cases falling within the scope of section 13 third paragraph or where the question of declassification must be put before another agency. <...>" Public Administration Act § 12.(advocate or other agent) "A party has the right to call on the assistance of an advocate or other agent at all stages of the proceedings.<...>" | It is not mentioned if it is free of charge and do not require legal assistance, but according to the Public Administration Act, "a party has the right to call on the assistance <..>". |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Act concerning the Storting’s Ombudsman for Public Administration. Article 6 (Details regarding complaints and time limit for complaints): "Any person who believes he has sustained an injustice from the public administration may bring a complaint to the Ombudsman." | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Act concerning the Storting’s Ombudsman for Public Administration. Article 6 (Further provisions regarding complaints and time limit for complaints). Paragraph3: " The complaint shall state the name of the complainant and must be submitted no later than one year after the administrative action or matter complainant has brought the matter before a higher administrative agency, the time limit shall run from the date on which this authority renders its decision." | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | Not mentioned. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | Act concerning the Storting´s Ombudsman for Public Administration, Article 10 "<...> The Ombudsman may point out that an error has been committed or that negligence has been shown in the public administration. If he finds sufficient reason for so doing, he may inform the prosecuting authority or appointments authority what action he believes should be taken accordingly against the official concerned. <...> If the Ombudsman finds that there are matters which may entail liability to pay compensation, he may, depending on the circumstances, suggest that compensation should be paid.<...>" | Not to impose, but to point out an error that has been committed or negligence has been shown in Public Administration; Inform what actions he believes should be taken; say if a decision rendered must be considered invalid or unreasonable; may draw the attention of the appropriate administrative agency; suggest compensation to be paid or explanation to be given (1 point loss). |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | Not mentioned. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | Act concerning the Storting´s Ombudsman for Public Administration, Article 10 "<...> The Ombudsman may point out that an error has been committed or that negligence has been shown in the public administration. If he finds sufficient reason for so doing, he may inform the prosecuting authority or appointments authority what action he believes should be taken accordingly against the official concerned. <...> If the Ombudsman finds that there are matters which may entail liability to pay compensation, he may, depending on the circumstances, suggest that compensation should be paid.<...>" | The Ombudsman, in the exercise of his charge, can draw the attention of the appropriate administrative agency. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | Not mentioned. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | ||
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 10 Duty to keep a journal. "Making journals and documents available on the Internet Administrative agencies shall keep a journal pursuant to the rules of the Archives Act and associated regulations. The King may make regulations providing that administrative agencies that keep an electronic journal shall make such journal available to the public on the Internet, and providing how this shall be done.Administrative agencies encompassed by this Act may make documents available to the public on the Internet, except documents which are subject to a duty of confidentiality by or pursuant to law. The King may make regulations concerning the making available of documents on the Internet and to the effect that certain types of personal data, see the Personal Data Act section 2 subsection 1, and documents to which a third party has intellectual property rights, shall not be made available by this means." | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. |
