The Law On The Right To Access To The Document In The Public Verksemd (Offentleglova)

Original Language Title: Lov om rett til innsyn i dokument i offentleg verksemd (offentleglova)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2006-05-19-16

The law on the right to access to the document in the public verksemd (offentleglova).

Date LAW-2006-05-19-16 Ministry of Justice and emergency Ministry last edited law-2015-06-19-64 published in 2006 booklet 7 effective date January 1, 2009 change the LAW-1970-06-19-69 short title Announced 19.05.2006 Offentleglova-offl.

Chapter overview: Chapter 1. Innleiande føresegner (§ § 1-2) Chapter 2. Hovudreglane about access (§ § 3-12) Chapter 3. The exception from the right of access (§ § 13-27) Chapter 4. Proceedings and appeals (§ § 28-32) Chapter 5. End føresegner (§ § 33-34) make certain earlier law 19 June 1970 No. 69 on the public in the management (FOIA).

Chapter 1. Innleiande føresegner § 1. Purpose the purpose of the Act is to leggje for public verksemd are open and transparent, in order to styrkje information and freedom of expression free judgment, the democratic deltakinga, law safe for the individual size, the confidence of the public and the control from ålmenta. The Act should, too leggje to facilitate the vidarebruk of public information.

§ 2. Verkeområdet to the Act the Act debt for a) State, fylkeskommunane and communes, b) other entity in cases where individual decisions or of the utferdar make regulations, c) sjølvstendige entity in which State, County Council or municipality directly or indirectly have a eigardel which provides more than half of the røystene in the supreme body in the legal person, and d) sjølvstendige entity in which State, County Council or municipality directly or indirectly has the right to select more than half of the members with the røyste right in the supreme governing body of the legal person.

Letter ane c and d debt not entity as hovudsakleg the driving industry in direct competition with and on the same terms as private. For verksemder that after the public acquisition, or similar is going under the letter c or d options, debt dating from the Act and with the fourth månadsskiftet after the terms meet when our månaden.
The King can give the regulation that the Act not to apply to sjølvstendige entity or for certain document with sjølvstendige entity that is omfatta of the first paragraph, LITRA ane c or d, if it has to reknast as necessary out from consideration of the nature of the Agency, the competitive or other særlege tilhøve. The same debt if the debt from default for viewing exception that vesentlege of the dokumenta to Agency and særlege tungtvegande omsyn tilseier. King can give the regulation that the Act fully or partially to apply to sjølvstendige entity that is linking to State or local government without fulfilling the terms of the first paragraph, LITRA c, or d, or that are unnatekne under subsection other periods.
The Act debt not for Parliament, the Auditor General, the Standing Committee on ombodsmann for forvaltninga and other organ of Parliament.
The Act debt not for gjeremål that the Court have for rettsstellovene. The Act debt neither for gjeremål as other organ has rettsstellovene in eigen cabinets of legal care agency. The Act debt dessutan not for gjeremål that the police and prosecution power has for criminal procedure. The King can give the regulations on what promises to be reknast as rettsstellover, and that some gjeremål for rettsstellovene to be omfatta of the Act.
The Act debt for Svalbard if not anna will be determine by the King.
Føresegnene in section 6, section 7, second paragraph, section 8, third paragraph, second sentence, and fourth and fifth paragraph and section 30 subsection third period and second paragraph debt regardless of the føresegnene in the paragraph here for all verksemder that is omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector.

Chapter 2. Hovudreglane about visibility § 3. Hovudregel Legal document, journalar and similar registry for organ is open site for insight if not anna is by statute or regulation with heimel in the law. Anyone can krevje visibility into case document, journalar and similar registry to the governing body in vedkommande organ.

§ 4. Definisjonar with the document is a constrained meint mengd logical information that is stored on a medium for later reading, listening, framsyning, transfer or similar.
Legal document for the body is document that is advanced into or made up for a body, or that the body has created a thrill, and that debt responsibility or agency to the governing body. A document is created when it is sent out of the body. If this not happens, document reknast which created when it is completed.
Go through the following should not reknast as document for organ: a) document which are included in the library or Museum collection, b) document as private has leave to the public archive for preservation, c) document that is hand over to a body for offentleggjering in periodic font that is being released by governing body, d) newspaper, journal, promotional materials and similar as the body that it is without mottek associate to a specific case in the governing body , and e) document as a medarbeidar in the body have in the closet motteke annan property than that add in the body.

Omgrepet body femner in the act here about all the verksemder that the Act debt.

§ 5. Expose the insight Body that it can fastsetje in a particular case first vere visibility from a later point in time in the case førebuinga than that which is of § § 3 and 4, as long as there is reason to tru that dei dokumenta that straddles the lead, giving a direct misvisande image of saka, and that insight therefore, damage the clear societal or personal interests.
For the document that is to utarbeidde the Auditor General or in matters that he considers to leggje forward for Parliament as part of the constitutional control, debt transparency only when saka is motteken in the Norwegian Parliament, or when the Auditor General have varsla vedkommande organ that saka's ferdigbehandla, jf. Law 7. May 2004 No. 21 about the Auditor General § 18 second paragraph. Visibility can utsetjast for document utarbeidde of or to an auditor of a municipality or County Council, in matters that the auditor to report to kontrollutvalet, jf. Local Government Act Nr. 78 5, until the kontrollutvalet has a version of motteke endeleg document. The same debt document that is utarbeidde by or to the company that carries out the control, jf. municipal law § 77 No. 5. If the vesentlege private or public omsyn tilseier it, access to a document utsetjast to it has come forward to it the vedkjem, or event where it should offentleggjerast, have found before.

section 6. Had decreed against discriminatory treatment of cases by the act here or in the other case in which it is given access to information, it is not the kind of opportunity to unequal treatment between noka samanliknbare case or to agree that someone should have einerett on access to information. That a førespurnad is set forward of a public or public associate verksemd, provides no opportunity of unequal treatment when the purpose of any database query do not have samanheng with dei public gjeremåla to the Agency.
Forbodet in the first paragraph does not preclude that it might gjerast avtalar about einerett if it is necessary to provide a service in the ålmenta say interest. It should gjerast a new assessment of the grunngivinga to make such avtalar quarter of a third year. Avtalar about einerett that is being made in the medhald of the link here, should be public. It can not gjerast avtalar about einerett to the access to information ålmenta after føresegner in law or regulation has a legal claim to get visibility into. If not anna is determine by the King in the regulation, debt føresegnene in the paragraph here just for the verksemder that is omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector.

section 7. Use of public information information as it is given access to after the act here or anna that gives law ålmenta the right to transparency in public verksemd, brukast to eitkvart purposes if not anna right to legislation or a third person is to hinder it.
In the verksemder that is omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector, about the use of any standardlisensar public information available in digital format vere, and dei must be able to behandlast online. The King may by regulation fastsetje that the same should apply to verksemder that is not omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector.

section 8. Hovudregel on free visibility Body can only krevje payment for access after this the Act if it has heimel in the regulation after the second or third paragraph.
The King can give the regulation on payment for transcriptions, prints or prints. Betalingssatsane to be so that they amassed revenues not be larger than the actual costs of copying the dei and Envoy of the document.
The King can give the regulation that it can krevjast payment for document if særlege tilhøve by nature of the dokumenta or agency make it sense. Betalingssatsane to fastsetjast so that they amassed the revenues not be larger than the actual cost of collection of the, production, reproduction and dissemination of the information, with the addition of a sense of return of investment sense.
For verksemder who cast off the Act, but utanfor here that is omfatta by anna legislation that provides visibility into the ålmenta public verksemd, or of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector, earnings information amassed by dei extradition do not exceed the actual costs of the collection of, production, reproduction and dissemination of the information, with the addition of a sense of return of investment sense.
Verksemder that require payment for information, offentleggjere betalingssatsane in electronic form if it is mogleg and formålstenleg. On førespurnad to verksemdene also give opplysningar about the basis for the calculation you want satsane and possibly about what faktorar that will be made to the reason for utrekninga in særlege occasions.

If not anna will be determine by the King in the regulation, debt føresegnene in the third paragraph of other periods, and in the fourth and fifth paragraph only for the verksemder that is omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector.

§ 9. The right to krevje visibility into a samanstilling from the Bazaar can all krevje visibility into a samanstilling of opplysningar that is stored in the data online-ane to the governing body if samanstillinga can gjerast with simple framgangsmåtar.

§ 10. The duty to lead the journal. Tilgjengeleggjering of journalar and the document on the Internet governing body should lead the journal after reglane in arkivlova with the regulations.
The King can give the regulation on that body that leads online journal, to make he widely available on the Internet, and about how it is going to gjerast.
Body that is omfatta of the act here, can make the document widely available on the Internet, with the exception of opplysningar which is made in law under teieplikt or in medhald of law. The King can give the regulation on tilgjengeleggjering of the document on the Internet and that certain kinds personopplysningar, jf. the personal data Act § 2 No. 1, and document that a third person has intellectual property rettar, not to gjerast available in this way.

section 11. Meirinnsyn when there is opportunity to make exceptions from the visibility, the body still consider to give entirely or in part. Governing body should give visibility to the public if the consideration of access road heavier than the need for exceptions.

§ 12. The exception for the rest of the document when the body make exceptions from the visibility of parts of a document, it can also make exceptions for the rest of the document if a) these courses alone will give a clear impression of the misvisande innhaldet, b) there will be urimeleg arbeidskrevjande for the governing body to discriminating dei, or c) dei unnatekne enlightenment ane utgjer the vesentlegaste section of the document.

Chapter 3. The exception from the right of access section 13. Opplysningar which is under the teieplikt Opplysningar that are made under teieplikt of the Act made or in the medhald of the law, dating from unnatekne.
Føresegnene in the management law of teieplikt give sjølvstendige entity that is nemnde in section 2 first paragraph, LITRA c or d of the act here, opportunity to make exceptions for the document and opplysningar in the same scope as the dei administrative agency that. gives Debt viewing requirement a document that contain opplysningar which is under the teieplikt made, and this cast off if the plikta away as due tystnad samtykkjer , to viewing requirement with a grunngiving summons, if any, on the oppmoding not be paved out for vedkommande with a høveleg deadline to respond. Vedkommande Svarar not, this reknast that denial of consent.

section 14. Document utarbeidde for owner scissors førebuing (organ internal document) An authority may make exceptions from the view for the document as the body has utarbeidd for say owner internal case førebuing.
The first paragraph debt not: a) document or part of the document that contain the avgjerda organ in endelege to a case, b) General guidelines for case consideration to the governing body, c) føredrag to cases that are decided by the King in Council, and d) presedenskort and similar, but not if the card renders the body internal vurderingar.

The King can give the regulation that it not to be able to gjerast the exception after the first paragraph in the section here for specific document in specific statlege or statleg associate body.

section 15. Document innhenta utanfrå for the internal case førebuinga when it is necessary to ensure the Defense doctor internal avgjerdsprosessar, body make exceptions from the visibility of the document that the body has innhenta from a underordna authority for use in the internal case førebuinga say. The same debt document that a Ministry has innhenta from a anna Ministry for use in the internal case førebuinga say.
It can cont gjerast except for the parts of the document that contain advice on and vurderingar of how a body should ask themselves in a case, and that the body has innhenta to use for the internal case førebuinga is, when it is required by omsyn to a leg of the Defense forensic addiction public his interests in the saka.
Unntaka in paragraph here debt tilsvarande for document about the collection of the document that is nemnde in the first and second paragraph, and innkallingar and the minutes from the meeting between the Supreme and underordna body, between the Ministry and between a body and someone who gives advice or vurderingar that is nemnde in the second paragraph.
Paragraph here debt not for the document that is being innhenta as part of the public in a case høyring.

section 16. Visibility into internal document of the communes and fylkeskommunane Unntaka in sections 14 and 15 debt not: a) case framlegg with attachments to a municipal or County folkevalt authority, b) agenda to the meeting in the folkevalde organ in the communes and fylkeskommunar, c) document from or to the municipal and County kontrollutval, the audit authority and appeal committees, and d) document in cases where a municipal or county municipalities device acting as external party in occasions to another such device.

section 14 debt yet for the document that will be utveksla between the municipal and County kontrollutval and secretariat to the selection. For the communes and fylkeskommunar with parliamentary form of government debt § § 14 and 15 still for case framlegg with attachments and agenda to the førebuande meeting of the Municipal Council and County Council where a not to make resolutions or leggje off setting.
The exception in section 14 debt not for the document from or to a municipal or County special law body or a municipal or County føretak for municipality Law Chapter 11.
The exception in section 14 debt neither for the document from or to a municipal or county municipalities device at the site where the devices have sjølvstendig avgjerds straight. The exception in section 14 debt yet for document in cases where the municipality Administration Manager or the Council is carrying out control measures to a device, and for draft resolutions and settings that will be made to the Administration Manager or the municipality Council before the decision is made, or before a setting is made up of a folkevalt body. The exception in section 14 debt also for comments from the Administration boss or municipality Council to such draft which is nemnde in the previous period.

§ 17. Exception for certain document that debt The King doctor Hoff it can gjerast the exception from the visibility of the document that debt as members of the talar Royal House to continue or has continue, and for the document as the debt program for travel members of the Royal House. This debt still not for the speech after he endelege is only performed, and neither for the document as the debt program after the travel, the trip is conducted or travel program is offentleggjort.

§ 18. Except for litigation document it can gjerast the exception from the visibility of the document as a body has utarbeidd or as a party in a motteke trial for the Norwegian court.

§ 19. Except for the document that is being utveksla under konsultasjonar with the Sami Parliament and it can gjerast the exception from the view for the document that will be utveksla between the statlege organ and the Sami Parliament and Sami organisasjonar as part of konsultasjonar in accordance with the ILO Convention Nr. 169 about indigenous and tribal people in the sjølvstendige States article 6. This debt is not document that will be utveksla as part of the public in a case høyring.

section 20. The exception of the omsyn to utanrikspolitiske it can Noregs interests gjerast the exception from the visibility for the opplysningar when it is required by omsyn to Noregs utanrikspolitiske interests if: a) there is of folk law doctor reglar that has a duty to Noreg deny access to enlightenment, b) enlightenment ane is mottekne under the føresetnad of or there is of real practice that they not to be offentleggjerast, or c) enlightenment ane debt Norwegian forhandlingsposisjonar , forhandlingsstrategiar or similar and negotiation is not concluded options. After negotiation successfully concluded, it can still online gjerast exception for such opplysningar if it's due to that it will be tru teke up again about the same forhandlingar saka.

Opplysningar in the official document that will be utveksla between Noreg and an mellomstatleg organization in cases such as international development that debt can get norm Delta for Norwegian right, it can gjerast the exception for after the first paragraph, LITRA b only if it is required by omsyn to the tungtvegande utanrikspolitiske interests. The same debt opplysningar about Norwegian forhandlingsposisjonar after the position successfully made in negotiation ane.
In other occasions than dei which is nemnde in the first and second paragraph, it can gjerast the exception from the visibility for the opplysningar when it is required by særleg tungtvegande utanrikspolitiske interests.

§ 21. Exception of omsyn to national defence and tryggingsinteresser it may gjerast the exception from the visibility for the opplysningar when it is required by the national defense of the tryggingsomsyn or the country.

§ 22. Exceptions in certain budget matters it can gjerast the exception from the visibility for the document that is utarbeidde of a Ministry, and as debt statlege budget matters. The same debt for opplysningar about førebelse budget fix of Government or Ministry in the document from the underliggjande organ and etatar, and from The Royal physician Hoff, Court Administration and the Parliament.

§ 23. The exception of the omsyn to the public its bargaining position and more it can gjerast the exception from the visibility for the opplysningar when it is required by omsyn to a defense implementation of finance-leg, wage, or personal forvaltninga to the body.
It can gjerast the exception from the visibility for the opplysningar as debt rammeavtalar forhandlingar about with agricultural, fisheries and reindeer-herding organization when it's required options of omsyn to a defense implementation of leg negotiation ane.
It can gjerast the exception from the visibility of tilbod and Protocol for regulations that are given in medhald of law 16. July 1999 No. 69 on public procurement, to the valet of the supplier is made.

It can gjerast the exception from the visibility of the document as debt company which the State or a municipality or County Council has eigarinteresser and that will be the body that managed add-vedkommande owner, if the company is not omfatta of verkeområdet of the act here.

section 24. Except for the control and regulation measures, document at lovbrot and opplysningar that can facilitate the gjennomføringa of the lovbrot and more it can gjerast the exception from the visibility for the opplysningar when it's required because visibility would motverke public control or regulatory measures or other orders or had decreed, or lead to danger that dei not can gjennomførast.
It can gjerast the exception from the visibility of message, tips or similar document at lovbrot from private. Other document at lovbrot, among anna message and tips from the public authority, the gjerast exception from visibility for up to saka is avgjord.
It can gjerast the exception from the visibility for the opplysningar when exceptions are required because transparency would facilitate the criminal gjennomføringa of your actions. The same debt opplysningar where exceptions are required because visibility would utsetje enkeltpersonar for danger, or facilitate the gjennomføringa of your actions that can damage parts of the environment that is særleg delay, or that are endangered of eradication.

§ 25. Exception for tilsetjingssaker, lønnsoppgåver and more it can gjerast the exception from the view for the document in the case of the appointment or forfremjing in the public service.
The exception in subsection debt not candidate lists. The body will be after the application deadline snarast is gone out, up a søkjarliste setje to innehalde name, age, position or professional title and bu suburbs or the municipality for each søkjar. It may still gjerast the exception from the visibility for the opplysningar about a søkjar if vedkommande ask for it a thrill at the timings to of about a so oppmoding to takast to følgje, it shall be paved as the emphasis on about the tie up public interest to særleg the post. In utlysinga to the gjerast oppmerksam that opplysningar about søkjaren can be made public although søkjaren has oppmoda about not to be listed on søkjarlista. If the oppmodinga not being going to teke følgje søkjaren to varslast, about this. It's going to go out of the søkjarlista Choir has made many you apply for study to the post, and what gender dei has.
The exception in subsection debt not nomination decisions and røyste results, utnemning of the Bishop.
It can gjerast the exception from the visibility of font leg oppgåve over the calculated salary or similar godtgjering, utreknings Foundation for feriepengar and moves that are being made by utbetalinga. The exception in the first sentence involves not opplysningar about bruttoutbetalingar. Visibility into opplysningar about bruttoutbetalingar can givast by the statement of enlightenment in an anna document.

§ 26. Except for the exam document, forskingsopplysningar, and birth number and it can gjerast the exception from visibility for answers to exams or similar trial and submitted the draft to the contest or similar. The same debt oppgåver vedkommande tilhøyrande until the exam or try is halden or vedkommande competition is bright out. It can dessutan gjerast exception from visibility for grades and diplomas from education.
It can gjerast the exception from the visibility for the opplysningar about anyone to get a price, a heidersteikn or similar until the awards are made. For opplysningar if anyone who has also considered for an award, a heidersteikn or similar, debt this also after the awards.
It can gjerast the exception from the visibility for the personbilete that is in the teke a person register. The same debt opplysningar that is innhenta by vedvarande or regular gjenteken personovervaking.
It can gjerast the exception from the visibility for the opplysningar of forskingsidear and research project in case that debt financial benefit or rådgjeving from the public in connection with the research project.
It can gjerast the exception from disclosure for personal identification number and the number with the tilsvarande function.

§ 27. The King can regulatory regulations heimel in fastsetje that it can gjerast the exception from the visibility for the journalar and all the document on the case area where it can or should gjerast the exception from the visibility for that vesentlege of the dokumenta. Such regulations can only fastsetjast when særleg tungtvegande grunnar speaks for that. The King can in regulation fastsetje that it can gjerast the exception from the view for the document in the file depot when it is required by file technical omsyn.

Chapter 4. Proceedings and appeals section 28. Viewing requirement Insight can krevjast font leg or munnleg.
Viewing requirement must apply to a particular case or in the sense of the extent to which a particular species matters. This debt is not when it gets kravd visibility into a journal or similar registry.

section 29. What organ to avgjere viewing requirement, etc. A body that a claim, mottek viewing should consider the claim concrete and sjølvstendig. The requirement to avgjerast without ugrunna opphald.
The King may by regulation provide reglar about what body that at dei to take different ranges of avgjerd case after the paragraph here.

section 30. How the body is going to give visibility Body fastset out from consideration of the defense case management a leg how to turn this document to gjerast known. It can krevjast hard copy or electronic copy of the document. With the verksemder that is omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector, and with other verksemder where it is determine by the King in the regulation, debt default to copy all eksisterande format and språkversjonar. The right to copy debt not format or versjonar of a document that is widely available. The King can give the regulation on that the right to electronic copy not to apply to the document as a third person has intellectual property to rettar, and for the document in which it is required by file technical omsyn.
When the verksemder that is omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC) of vidarebruk of information from the public sector, providing visibility into information that it ties up intellectual property rettar to the, to the body, if it has knowledge of it, educate people about anyone who is possessing was of the rights, or which has received lisenshavar agency information from. This debt still not when it is clearly unnecessary to provide such opplysningar. The King can fastsetje in the regulation that føresegnene in the link here also apply to verksemder that is not omfatta of the EEA Agreement annex XI Nr. 5 k (Directive 2003/98/EC).

section 31. Rejection and refusal of the grunngiving viewing requirements to vere font leg. Governing body should always refer to the føresegna that provides the basis for the refusal, and to which paragraph, letter or number in the føresegna that is used. If section 13 is the basis for the refusal, the Agency also refers to the føresegna as toppings teieplikt. Byggjer branch on the regulations, governing body State whether this, and what point in the forskrifta branch of the byggjer. The refusal shall also state whether the høvet to complain and complain about the deadline.
The who has been rejected, by the closing date three Wicks from the refusal was a nærare motteke krevje grunngiving, for refusal where hovudomsyna that has made avgjerande for refusal, to nemnast. Governing body to give font leg snarast grunngiving advice and seinast by the closing date ten after the claim was arbeidsdagar motteke.

section 32. Complaint Avgjerder after this the Act påklagast it can to the management body that is nærmast the Supreme management body that made the decision. Avgjerder about to give visibility can still not påklagast. The County's complaint authority for the decision of the municipal or County agency. The King can give the regulation on what organ to vere complaint authority for tekne avgjerder of statlege organ. The King can also provide regulations on what organ to vere complaint authority for avgjerder of the entity which is the omfatta of § 2 the first paragraph, LITRA b of d ane. When it becomes a avgjerd klaga from a Ministry, the Ministry will advise that the right to klagaren about to complain to the Sivilombodsmannen not for avgjerder did by the King in Council.
If the kravd insight, not have received a response by the closing date five after arbeidsdagar body received the claim, this reknast as a rejection that can påklagast after the first paragraph. This debt still not when the King in Council's appeal body. The rule in the first sentence debt rather not in such case that fell under section 13, third paragraph, and when the question about the downgrade must not be paved out for a anna organ.
To avgjerast førebuast and Klaga utan ugrunna opphald. Whatever else debt reglane in administrative law chapter VI so far dei passar.
The decision to the appeal authority is særleg enforceable after the Enforcement Act Chapter 13 to communes and fylkeskommunar and the entity that is the omfatta of § 2 the first paragraph, LITRA b through d options.

Chapter 5. End føresegner § 33. Iverksetjing and overgangsreglar the Act debt dating from the time the King fastset. 1 from the same time 19 becomes law. June 1970 No. 69 on the public in the Administration called off.
For the entity that is being omfatta of the Act under section 2 first paragraph, LITRA c or d, debt viewing the Court and plikta to lead the journal only for document entry to or created by the legal person after the act here to apply tek.
Avtalar about einerett to access information that exists when the Act tek to apply and which do not meet the terms in section 6, second paragraph, to opphøyre when the agreement runs out, but still seinast on December 31. December 2008.

section 34. Endringar in other laws From the time the Act tek to apply, these will be changing in other laws made sense:-