Norway has a long tradition of openness in public decision-making processes and access to information. The government aims to ensure that public administration is efficient, transparent, coordinated and has a high level of public trust.
The principle of the public’s right to access government documents is firmly established in Norwegian legislation and practice. This is regarded as a fundamental democratic principle.
Norway adheres to several national and international laws and conventions that ensure transparency and access to public documents:
Norwegian laws and conventions
– The Norwegian Constitution
The right of access is enshrined in the chapter on human rights in the Constitution. Article 100 of the Constitution, concerning freedom of expression, states that:
“Everyone has a right of access to documents of the State and municipalities 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.”
– Freedom of Information Act
The Freedom of Information Act regulates access to documents in public sector activities. The purpose of this Act is to facilitate an open and transparent public administration, and thereby strengthen freedom of information and expression, democratic participation, legal safeguards for the individual, confidence in the public authorities and control by the public. The Act shall also facilitate the re-use of public information.
– The Public Administration Act
The Public Administration Act determines how public bodies should handle cases and ensure fairness in decision-making processes. The Act provides rules for case processing, parties’ rights, confidentiality, and appeal procedures. It grants the right to guidance, access to documents, and appeals against decisions, while also defining exceptions, such as courts and specific legal areas. Its purpose is to ensure openness and fairness in public administration.
– The Archives Act
The Archives Act aims to preserve archives of significant cultural, research, or legal value. The Act applies to all public bodies, except the Storting and its bodies. It ensures that important documents are preserved and made accessible for the future.
– Instructions for Official Studies and Report
The Instructions for Official Studies and Reports aim to ensure early involvement and participation in consultation rounds. This applies both to civil society organizations and individual citizens. The Instructions set out rules for how state measures should be studied before decisions are made, with the goal of ensuring well-founded decisions. They apply to all state measures, as well as EEA and Schengen matters.
– Central Government Communication Policy
The goals of the Central Government Communication policy are to ensure that citizens:
- receive accurate and clear information about their rights, duties, and opportunities.
- have access to information about the government’s activities.
- Are invited to participate in shaping policies, programs, and services.
– Section 9 of the Language Act
Section 9 of the Language Act (Plain language) requires that public bodies shall communicate in plain and correct language adapted to the target group.
International Conventions
– CETS 205
The Council of Europe’s Convention on Access to Official Documents (CETS 205) obligates authorities to ensure that:
Each Party shall guarantee the right of everyone, without discrimination on any ground, to have access, on request, to official documents held by public authorities.
UN Convention Against Corruption (UNCAC)
In 2003, the United Nations adopted a convention against corruption to promote global cooperation in preventing and combating corruption. Article 7, paragraph 4 requires states to:
“Endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest.”
Tools Contributing to Transparency in Norwegian Public Administration
- eInnsyn
eInnsyn publishes document logs and meeting information from state, municipal, and county authorities. Citizens can anonymously and free of charge request documents, both published and unpublished. eInnsyn aims to increase transparency and accessibility in administration and to make it easier for users to find information about public case processing. - Doffin (Database for Public Procurement)
Doffin is Norway’s online database for public procurement announcements. It ensures competition and transparency, validates and publishes announcements in a searchable format, and provides statistics. Doffin also forwards announcements to TED (Tenders Electronic Daily), EU’s electronic database for public procurement. - Statsregnskapet.no
- Statsregnskapet.no is part of Norway’s commitment to Open Government Partnership, aiming to enhance transparency regarding public expenditures through simplification and accessibility. The website provides an overview of state expenditures, revenues, assets, and debt, and shows how the state budget has been implemented.
- KOSTRA (Municipal-State Reporting)
KOSTRA is a national information system that provides management information on municipal and county operations. It records data on services, resource use, and population characteristics to support analysis, planning, and assessment of national goals. It also allows individuals, interest groups, media, etc., to find information about municipal and county services and resource use. KOSTRA simplifies reporting to the state through electronic data exchange with Statistics Norway (SSB), which publishes the figures. KOSTRA data promotes transparency, openness, and improves service delivery in the municipal sector. Reporting is regulated by the Local Government Act. - Register of Beneficial Owners
From October 1, 2024, a register of beneficial owners will be established. The register will provide better access to information about ownership and control in Norwegian companies. A beneficial owner is a person who owns or controls 25% or more of a business, or who can appoint or remove at least 50% of governing bodies. The Act on the Register of Beneficial Owners requires businesses to register these individuals in a public register managed by the Brønnøysund Register Centre. The purpose of the Act is to improve access to information about ownership and control, as well as to prevent money laundering, terrorist financing, and economic crime. The Act implements parts of the EU’s Fourth Anti-Money Laundering Directive.