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Norway: Supreme Court Rules on Scope of Climate Provision in Constitution, Finds Government May Issue Exploratory Arctic Drilling Permits

(Mar. 31, 2021) On December 22, 2020, the Norwegian Supreme Court ruled that the Norwegian Constitution does not prevent the country’s government from issuing permits to explore drilling in the Arctic. (Supreme Court Decision HR-2020-2472-P (sak nr. 20-051052SIV-HRET), Dec. 22, 2020.) In doing so, the Supreme Court also established the boundaries and meaning of the […]

Norway: Supreme Court Rules Organization May Bring Claim Questioning Constitutionality of Parliamentary Decision

(Mar. 30, 2021) On March 1, 2021, the Norwegian Supreme Court, sitting in banc, declared that the organization “Nei til EU” (No to the EU) may bring a claim in court that a parliamentary vote decided by simple majority violated a Norwegian constitutional provision requiring certain matters be decided by a supermajority. (Norwegian Supreme Court, […]

Norway: Government Restricts Entrance to Country to Norwegian Citizens and Residents, Requires Testing and Quarantine for Travelers

(Feb. 1, 2021) On January 27, 2021, the Norwegian government announced that, as of January 29, 2021, only Norwegian citizens and residents would be allowed to enter Norway from abroad. The rules apply until further notice, although the Norwegian government has promised to review them by February 10, 2021. Specifically, the new rules prevent the […]

Norway: Election Law Committee Recommends Amendments to Constitution and to Election Law on Delaying Elections under Special Circumstances

(Sept. 11, 2020) On June 3, 2020, the Norwegian Ministry of Local Government and Modernisation (Kommunal- og moderniseringsdepartementet, KMD) sent a proposal for a legislative consultation (høring) on amending both the Norwegian Constitution and Norway’s Election Act to allow the government to postpone general elections under extraordinary circumstances, such as a global pandemic. The proposal […]

Norway: Data Protection Authority Orders International Baccalaureate to Explain Its Automated Use of Personal Data in Awarding Final Grades during Pandemic

(July 24, 2020) On July 20, 2020, the Norwegian Data Protection Authority (NDPA, Datatilsynet) issued a letter to the International Baccalaureate Organization (IBO) ordering it to explain its use of personal data, atomization, and historic prediction data in awarding final grades to Norwegian International Baccalaureate Diploma students during the current COVID-19 pandemic. The NDPA is […]

Norway: Supreme Court Rules It Has Universal Jurisdiction over Foreigners’ Prior Terrorist Acts Abroad

(July 16, 2020) On June 26, 2020, the Norwegian Supreme Court ruled that Norwegian courts may exercise universal jurisdiction over crimes of terrorism and that foreigners may thus be sentenced in Norway for terrorism crimes they committed before arriving in the country. (Supreme Court Decision Case No. HR-2020-1340-A.) Facts of the Case The defendant, a […]

Norway: Data Protection Authority Upholds Prior Prohibition on Collection of Data via COVID-19 App Smittestopp

(July 13, 2020) On July 6, 2020, the Norwegian Data Protection Authority issued a new prohibition on the collection of location data by the Norwegian National Health Authority (Folkehelseinstituttet, FHI) using the Norwegian COVID-19 contact tracing app, Smittestop. The decision comes after the Data Protection Authority evaluated the FHI’s response to the Data Protection Authority’s […]

Norway: Data Protection Authority Orders National Health Authority to Stop Collecting User Data from COVID-19 App

(June 19, 2020) On June 15, 2020, the Norwegian Data Protection Authority announced that it had ordered the Norwegian National Health Authority (Folkehelseinstituttet, FHI) to stop collecting personal location data from its COVID-19 app, Smittestop. The Data Protection Authority had previously launched an investigation into the data collection associated with the app and asked the […]

Norway: Supreme Court Overrules Detention Order Issued Following Remote Proceedings

(May 14, 2020) On May 8, 2020, the Supreme Court of Norway overturned a decision to detain a man suspected of attempted murder because the pretrial detention hearing had been conducted remotely. (Supreme Court Decision HR-2020-972-U (sak nr. 20-065997STR-HRET).) To limit the risk of spreading COVID-19, the court of first instance conducted an initial pretrial […]

Norway: Government Launches Mobile App to Track and Stem Spread of COVID-19

(May 6, 2020) On April 16, 2020, the Norwegian government launched a smartphone app to track the spread of the coronavirus in Norway. By downloading the app, users voluntarily allow the app to track their physical location and notify them if they have been in close proximity to a person who later becomes infected with […]