Key Benefits:
Law of changes in the Complex and penalty process law mv. (review of the EU's data storage directive in Norwegian right) |
| Date | LO-2011-04-15 -11 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2011 booklet 4 |
| Istrontrecation | The king decides. |
| Changing | LOL-1981--05-22-25 , LO-1995-08--04-53 , LOL-2000--04-14-31 , LO-2003-200-07-04-83 , LO-2005--06-17-90 , LAW-2007-06-29-75 |
| Announcement | 15.04.2011 at 14.30 |
| Card title | Change law on the data storage directive |
Jof. dir /24.
In law 22. May 1981 # 25 if the trial procedure in criminal cases is made the following changes :
Section 100 a first clause first period should sound :
When the court treats a case after Section 200 a, 202 c, 202 a, 210 a, 210 f, 216 b, 216 m, 242 a, 264 sixth clause, 267 first clause or Section 292 a, it shall immediately mention public counsel for the suspect.
New Section 118 to sound :
The court can only accept explanation from a witness who has sworn secrecy in co-law Section 2-9 first and other clause of information as mentioned in Section 210 b and 210 c provided the terms of the issue of the appropriate information are met.
Section 203 other clause repeas.
| 0 | The change is added by law 22 June 2012 No. 52 (ikr. from the time the King decides). |
Section 210's first clause third period is repeaty.
| 0 | The change is added by law 22 June 2012 No. 52 (ikr. from the time the King decides). |
[ New ] Section 210 b shall obey :
The court can at the ruling impose extradition for a specific amount of traffic data, and localization data not retaken by Section 210 c, and as the offering has the duty to store by law 4. July 2003 # 83 about electronic communication Section 2-7 a. The arrest can be given when there is probable cause for suspicion of one or more penalties actions
| a) | which by the law can be subject to punishment of prison for 4 years or more, or |
| b) | which by the law can be punished by prison for 3 years or more and there is reason to believe that the action has been practiced as joints in the business of an organized criminal group, jf. Criminal Code Section 79 letter c, or |
| c) | as the punishment of the Criminal Code Section 121, 123, 125, 127 jf. 123, 129, 198, 201, 202, 204, 205 letter a and b, 231, 234, 266, 309, 332 jf. 231, 335 jf. 231, 337 jf. 231, 340 jf. 231, or 371 letter b, or by the foreigner law Section 108 fourth clause. |
Prevention of the maximum sentence of repetition or clashes of crimes does not come into consideration.
Extradition after the paragrafen here can only be placed if it must be assumed that the information will be of essential importance to the investigation.
Outside the court's ordinary office space, the petition filed for the extradition for the Oslo courthouse after further regulations provided by the ministry.
Section 210 other and fourth joints apply accordingly.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). Endres by law 22 June 2012 # 52 (ikr. from the time the King decides). |
[ New ] Section 210 c should sound :
The court can at the verdict on the warrant for a limited amount of information on which phones or other communications equipment that within a further specific geographical area have been put in connection with specific phones or communication equipment and as providers have the duty to store by law 4. July 2003 # 83 about electronic communication Section 2-7 a. The arrest can be given when there is probable cause for suspicion of one or more penalties actions
| a) | which by the law can be punished by prison for 5 years or more, or |
| b) | which by the law can be punished by prison for 3 years or more and there is reason to believe that the action has been practiced as joints in the business of an organized criminal group, jf. Criminal Code Section 79 letter c, or |
| c) | as the punishment of the Criminal Code Section 121, 123, 125, 127 jf. 123, 129, 198, 231, 234, 332 jf. 231, 335 jf. 231, 337 jf. 231, and 340 jf. 231, or of the foreigner law Section 108 fourth joints. |
Section 210 b else to the fifth clause applies to the equivalent.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). Endres by law 22 June 2012 # 52 (ikr. from the time the King decides). |
New Section 210 d to sound :
The court can by ruling belay that the subdirection of the issue of extradition after Section 210 b and Section 210 c to the suspect or others as an injunction of the extradition could be postponed if it is strictly necessary for the investigation in the case that the subdirection are not given.
Section 208 is applicable to the equivalent.
Current Section 210 b and Section 210 c will be new Section 210 e and Section 210 f.
Section 210 of the first clause should sound :
The court can decide that the subdirection of the suspect of the issue of extradition after Section 210 e can be postponed if it is strictly necessary for the investigation into the case that underbearing is not granted.
Section 215 a fifth clause is repeaing.
In law 4. August 1995 # 53 of the police (police law) shall Section 17 of new third clause sound :
The violation of the disclosure of secrecy after this determination can be punished after the Criminal Code Section 209. This is also applicable to people who are not in service or work for state or municipal organ, if they are made aware that the violation can be punished.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
In law 4. July 2003 # 83 About Electronic Communications (The Comlaw) is made the following changes :
The headline to Section 2-7 should be sound :
SECTION 2-7. Communication protection m.v. Pliked to Delete DataSection 2-7 other clauses should sound :
Traffic data, localization data and data necessary to identify the subscriber or user should be deleted or anonymity as soon as they are no longer required
| 1. | of the communications or billing purposes, |
| 2. | to fulfill the duty of Section 2-7 a to store data or |
| 3. | in order to meet other requirements determined in co-laws of law. |
Other processing of such data requires consent from user.
New Section 2-7 a to sound :
Section 2-7 a. Pequal to storage of dataThe city of electronic communications networks that are applied to public electronic communications service and offer of such service shall store traffic data, localization data and data necessary to identify the subscriber or user for 6 months to use for investigation, clarification and penalty persecution of serious criminal conditions. Duty after the first period applies to data generated or processed in the provider's electronic communication net by the use of landline, mobile phone, internet phones, internet phones, and e-mail.
The government can provide regulation, hit individual ordinance or reach agreement on the duty of storing data, therunder about measures to protect data's confidentiality, integrity and availability. The government can give regulation that the offering may require presented police reference from people who are going to process the savepoint data on the provider's behalf. The Authority can by regulation or individual-pass entirely or partially exempt from duty to store data by first clause or completely or partially impose on the first clause, duty to store data if this needs to be achieved the purpose of the determination.
Section 2-9 third joints shall obey :
Tausheme's duties are not an obstacle to the prosecution of information to the prosecution or the police about the appointment-based secret phone number or other subscription information, as well as electronic communication address. The same applies to the testimony of the court. Tausheme's work is also not an obstacle to the fact that information mentioned in the first period is given to other authority in co-law.
Section 2-9 new fifth clause should sound :
Taushood Duty is also not an obstacle to other data than those mentioned in the third clause, can be issued to police and prosecution in co-court process law Section 210 b, 210 c, 216 b or 2222 d, or to the Police Security Service in co-hold of the police law Section 17 d, or to the SEC in co-form the securities law Section 15-3 other clause 3.
Section 2-9 current fifth joints will be sixth clause.
Section 2-9 present sixth clause is new seventh clause.
In law 17. June 2005 No. 90 about mediation and trial in civil disputes (the dispute) shall Section 22-3 new fourth clause sounds :
| (4) A witness who is sworn to secrecy in co-law of law 4. July 2003 # 83 About Electronic Communication Section 2-9 first and other clause cannot be placed to bring evidence of information offered by electronic communication net and service has stored for use for investigation, clarification, and penalty persecution of severe Criminal conditions and as not retaken by the Section 2-9 third clause. |
In law 29. June 2007 # 75 about the value paper trading (Value Paper Act) shall Section 15-3 other clause sounds :
| (2) Enlightenment duties in the first clause do not apply to information that the person would be prevented from giving in criminal proceedings. Illumination duties still apply without the hurdle of : |
| 1. | The legislature otherwise mandated the ligators, other tax and tax authorities and government officials who have tasked with the task of monitoring public regulation of the errant business, |
| 2. | -patient confidentiality as mentioned in law of electronic communication Section 2-9 for barely applicable information on contract-based secret phone number or other subscription information and electronic communication address, and |
| 3. | -patient confidentiality as mentioned in law of electronic communications Section 2-9 for barely applies to information about traffic data, if granted exemptions from such secrecy. The desire for such an exemption from the privilege is set by the SEC for the courthouse in the place where the most convenient can happen. The court can by ruling grant offered such an exemption. At the assessment of whether the exemption should be given, it should be placed among other emphasis on the regard to the privilege of the patient and the case of health. The StraffProcess Act Section 170 a applies to the equivalent. |
The court ensures that the ruling immediately possible is to be said to the suspect or others who are afflicted by the privilege of the privilege. Strain process law Section 210 a jf Section 100 a applies to the equivalent. The Ministry of Justice can in regulation give closer rules on sentencing control and the Financial Commission's treatment of cases after this determination, herding rules about the treatment of over-gunshot information.
In law 14. April 2000 # 31 about the processing of personal information (PersonInformation Act) shall Section 35 new clause sound :
By the processing of personal information to be stored after the Complex Section 2-7 a should be considered whether it should be brought to terms about encryption. The king can at regulation give closer rules about such encryption.
| 1. | The law applies from the time the King decides. The king can put in effect the individual regulations at different times. |
| 2. | The king can give closer transition rules. |
