Regulations on the control of communication (communication control regulation) date FOR-1995-03-31-281 Ministry of Justice and emergency Ministry published in the entry into force 1995 352 21.04.1995 last edited by-2015-09-18-194 from 01.10.2015 change the FOR-1979-01-19-7 applies to Norway Pursuant law-1981-05-22-25-section 62, law-1981-05-22-25-section 215, law 1981-05-22-25-section 216 k, cf. the law-1981-05-22-25-section 216a, law 1981-05-22-25-section 216b, LAW-2000-04-14-31-23 short title § Announced Communication control regulations Chapter overview: Chapter 1. General provisions on communication control (§ § 1-11) Chapter 2. Control scheme for communication control (§ § 12-19) Chapter 3. Information on communication control have been made (sections 20-24) Chapter 4. Entry into force (section 25) the legal authority: Provided by URkgl.res. of 31. March 1995 under the legal authority of the law of 22. May 1981 No. 25 of the rules of procedure in criminal cases (code of criminal procedure) section 62, section 215, section 216 k and law of 9. June 1978 No. 48 if person registers and more section 7 fifth paragraph. Promoted by the Ministry of Justice and the police (now the Ministry of Justice and the emergency).
Added legal authority: law of 14. April 2000 Nr. 31 on the treatment of personal data (personal data Act) § 23 fourth paragraph.
Changes: modified by regulations 11 des 1998 No. 1204, 22 sep 2000 Nr. 961, March 2, 2001, Nr. 223, 11 Oct 2002 Nr. 1094, 27 sep 2013 No. 1137 as amended by regulation 13 des 2013 No. 1450, 18 sep 2015 Nr. 1064. Chapter 1. General provisions on communication control section 1. Prosecutors will determine whether to requested the Court's consent to the communication control after code of criminal procedure § 216a and 216b section. Prosecutors hit even the decision whether the communication control in urgent cases by criminal procedure law § 216d. The decision with justification as to why the haste skill is used, shall as soon as possible, and no later than within 24 hours after the control was begun, be submitted to the Court for approval. This is true even if the control is terminated before the case can be submitted to the Court. The deadline ends at a time outside of the Court's regular office hours, extended the deadline to the right open again.
When the police hit the decision or ask for the Court's consent to the communication control, the Chief of police decides the question.

§ 2. The decisions that after the regulations here are added to the Chief of police, can also get hit by display the Chief of police. In politimesterens absence can his or her regular alternate to make the decision. When politimesterens fixed alternate takes the decision, should the decision as soon as possible be submitted to the Superintendent for approval. The Superintendent may, with the written consent of the first District Attorney, decide that the other of the prosecution and the PNA officials in leading positions to have the same expertise that politimesterens fixed alternate.

§ 3. Copy of any petition and order communication control to along with the Court's ruling and the supporting documents without delay is sent directly to the Attorney General. The first paragraph does not apply to matters that are covered by the law on the control of intelligence, surveillance and security service (EOS-law), cf. Code of criminal procedure § 216h the first paragraph, second sentence.

§ 4. When the police crave technical assistance by the owner or provider of network or service for the control of communication facilities, to the police, the person in charge of the exhibit the owner or provider a set form that specifies the ruling or prosecution and the PNA order-where there is consent to such control. The person in charge shall be by design to verify that the form is presented. Confirmation to be safely returned to the relevant police district. Forevisningen-and the endorsement to verify forevisningen-can happen online as long as this may be carried out in the proper manner. The police are responsible for the control carried out in accordance with the Court's order or prosecution and the PNA order. The owner or provider of the Web should not even retain the copy of the request or develop individualized list of requests for communication control.

§ 5. Established communication control should be stopped prior to the expiration of the time limit that is set in the Court's ruling, if the criteria for the control is assumed to be no longer fulfilled or if the control is no longer deemed appropriate.

section 6. Control of communications facilities can only be made by the police, government officials and police officers that the Police Commissioner appoints. The Superintendent determines how phone control to take place. The control should preferably take place in police premises.
In matters concerning the violation of the criminal law chapter 17 or law on the control of the export of strategic goods, services and technology, etc. section 5, Chief of police at the risk of the person stay after consultation with the military authority, decide that the communication control on military service location or area undertaken by the military captains.

section 7. For each communication control case to the police lead a protocol that gives details of: a) for that control hjemmelen, b) prosecution and the PNA the petition for the Court's permission to control (or the prosecution's order for control and the petition for the Court's approval), c) the Court's ruling, d) petition for assistance from the owner or provider of network or service with confirmation as mentioned in section 4, second sentence, e) the communications facility that is controlled , f) when the control started, g) if any lengthening of the time limit for control, h) control's termination, and in) shredding, jf. Code of criminal procedure § 216g and the regulations section 9.

Original documents should be kept together with the Protocol. The Protocol and the original documents should be kept under the rules of the protection the instruction unless it is specifically decided that the information should be kept in a more reasonable way. They're not shredded even if the case is closed.

section 8. Calls or other communications that lines are tapped, can be stored on the prudent and appropriate way. It can be a record of the conversations that are being tested, with information about the number, which is set in conjunction with the controlled phone, the time of calls, samtalenes main content etc. the same is true as far as it suits by other forms of communication control.

§ 9. The parts of a recording or a different rendering of a controlled phone call or other communication which is of no importance for the prevention or investigation of criminal matters, should be destroyed as soon as possible. The same applies to information as the Court according to the rules in the code of criminal procedure § § 117 to 120 and § 122 will not be able to claim his or her testimony about, unless he or she is suspected of violating criminal bid that could have given independent basis for the control. Recording or renderings that apply to violations of other penalties than those that could have given independent basis for the control, shall also be destroyed if it has been more than 3 months after the recording was made and further investigation is not initiated. Other recordings and renditions are kept under the rules of the protection the instruction as long as this is considered necessary due to prevention or investigation. When there are specific to particular, material is kept in a more reasonable way.
The Superintendent should ensure that the recording and renderings will be immediately destroyed when they are no longer to be kept according to the rules in the preceding paragraphs.

§ 10. The Chief of police shall as soon as possible, and no later than four weeks after the end of each quarter, submit reporting to the Attorney General with information on communication control that has taken place or that have been filed for or ordered in his or her district in that quarter. It has not been made to control the communication, within the same time limit be it. Innberetningen about calls made to contain the controls a briefing on the implementation and the results of the control. It should also be stated if it is come forward information about the violation of other penalties than those that could have given independent basis for the control, and whether the information in the case is used in the prevention or investigation. The Attorney General sends innberetningen and documents as mentioned in section 3, with any comments, to Control the selection of communication control. The Attorney General is reviewing innberetningene and report every year to the Justice Department the number of cases where the communication control has taken place or has been filed for or ordered, what kind of control that have been made, how many phone number, IMEI number, network suits or other identified communication facility that is controlled, which police districts who are responsible for the cases and the results that are achieved or are expected to be achieved through the control. The report will be anonymous.
Copy of the report, with any comments should be sent to Control the selection of communication control.
The Ministry may obtain further information about the police and prosecution's handling of the communication control issues-both in General and with regard to specific cases.
This paragraph does not apply to matters that are covered by the law on the control of intelligence, surveillance and security service (EOS-law), cf. Code of criminal procedure § 216h the first paragraph, second sentence.

section 11. Police Registry law applies to information that is provided by communication control as far as appropriate.

Chapter 2. Control scheme for communication control section 12. Issues covered by the law on the control of intelligence, surveillance and security service (EOS-law), are exempt from the rules in this chapter, cf. Code of criminal procedure § 216h the first paragraph, second sentence.


section 13. Control scheme for communication control consists of at least three members and one or more deputies who joins the selection in due case. The head of the Committee to meet the requirements of the Supreme Court justices. The term is 4 years at a time.

section 14. The Committee should make sure that the police use of communication control happens within the framework of the law and instructions, that the use of communication control limited the most, and that the communication control does not happen for the sake of investigation in other cases than those mentioned in the code of criminal procedure § 216a or § 216b. The selection will be including in particular have for eye the individual's rule of law. The Committee should make sure that the information that the police have gotten by the communications control, only being used on the legal way, and that the rules on the storage and of material are followed. The Committee should also make sure that the provisions about confidentiality.
Police Registry law § 60 first paragraph first sentence and second paragraph comes to application. This means that the Committee can issue an order on internal control and information security, cf. Police Registry law section 15 and section 16. For other conditions that are subject to control selection can only give notice.

section 15. The Committee shall go through the innberetninger, and reports that it receives from the Attorney General, ref. § 10. Within its jurisdiction, jf. section 14, to the Committee after petitions from individuals or organizations make sure that the information about the person in question has been processed in accordance with the code of criminal procedure, police registry law and the regulation here.
The Committee can, incidentally, on its own initiative take up any matter or any conditions in relation to the police and the prosecution's use of communication control that it finds reason to treat. The Committee should especially concentrate on including the conditions that have been the subject of public review or critique.
Prosecutors may not submit ongoing individual cases for the selection.

section 16. Police and prosecutors are to give the Committee the information, documents, tapes, etc. about the communication control as the selection for the sake of its control function deems necessary. The Committee can summon for questioning any of the police and prosecution and the PNA officials, and others who assist by communication control. Those who questioned has a duty to explain himself for selection without regard to confidentiality.

§ 17. In cases under section 15 the second paragraph to the Committee give it that has petitioned the control notification of the result of treatment in the form of a conclusion that does not reject has motivated the petition for control either gives or doesn't give reason for criticism against the police or prosecutors. If the Committee find reason to criticize the police or prosecutors, to the matter reported to the Attorney General and the Justice Department. The Committee shall each year to give the Justice Department reporting about their business and otherwise, can at any time provide special reporting to the Ministry about individual matters relating to communication control.

§ 18. The Committee is an independent control organ. The Committee decide its method of working and assuming the necessary secretarial help. The selection can including search assistance of the Ministry of Justice. Registrar's remuneration will be determined in the individual and the case of the Ministry of Justice.

§ 19. The Committee's members, its Secretaries and others who perform work for the selection, clearance by the rules in the code of criminal procedure § 216. Confidentiality shall apply even after the case is closed, but shall not preclude that information is used as part of the control, or to provide information in accordance with Chapter 3. The Committee's head, or the range give such authority, can communicate externally about a case is under investigation, or whether it has finished processing, and whether it has been the basis for criticism or not. The Committee's members and secretaries can provide general statements about the Committee's business. By the way, they may not pronounce themselves in public.

Chapter 3. Information on communication control has been made section 20. Matters concerning violation of the Penal Code chapter 17, are exempt from the rules in this chapter, cf. Code of criminal procedure § 216j the first paragraph, second sentence.

§ 21. On the conditions that are mentioned in the code of criminal procedure § 216j, any after the petition is given notification of whether or not he or she has been subject to eavesdropping. If it can not be given notification of the that it has been made the communication control because the person is not registered or because the exception provisions of the code of criminal procedure § 216j applies, it shall be given a rationale that does not signify that there is a registration, cf. Police Registry Law § 54, third paragraph.

§ 22. The Attorney General shall cause a register of everyone who is or has been subject to eavesdropping under section 216a or § 216b after that the code of criminal procedure § 216j are applied. The registry should have information about the suspect's name and date of birth, police district which made the control, the number or the like and when the control was in progress. Everyone has the right to know the types of information that is included in the registry. In response to such a request shall be given immediately.

§ 23. Petition for notification as mentioned in the code of criminal procedure § 216j to be sent to Control the selection of communication control. When processing the petition for notification applies to police registry law § 59 and police registry Regulation § 42-4 equivalent for control selection with the clarifications provided by the regulations here. The Attorney General and the relevant police district will be at the request immediately give control the selection of the information that is needed to answer the call.
Before the control selection provides information on the communications control has occurred, to police during the directed. If notification to the suspects going to unnlates for reasons that are mentioned in the code of criminal procedure § 216j, third paragraph, the police must make sure that the things the Court's ruling be submitted to control the selection within the deadline Control Committee has set.

section 24. (Repealed)

Chapter 4. Entry into force § 25. These regulations come into force 21. April 1995. At the same time repealed regulations of 19. January 1979 No. 7 about the phone control by the investigation of violations of the drug laws.