Chapter VIII Supervision and sanctions
Section 42 The organization and functions of the Data Inspectorate
The Data Inspectorate is an independent administrative body subordinate to the
the King and the Ministry. The King and the Ministry may not issue instructions
regarding or reverse the Data Inspectorate’s exercise of authority in individual cases
pursuant to statute.
The Data Inspectorate is headed by a director who is appointed by the King. The
King may decide that the director shall be appointed for a fixed period of time.
The Data Inspectorate shall
1)
keep a systematic, public record of all processing that is reported pursuant to
section 31 or for which a licence has been granted pursuant to section 33, with
information such as is mentioned in section 18, first paragraph, cf. section 23,
2)
deal with applications for licences, receive notifications and assess whether
orders shall be made in cases where this is authorized by law,
3)
verify that statutes and regulations which apply to the processing of personal
data are complied with, and that errors or deficiencies are rectified,
4)
keep itself informed of and provide information on general national and
international developments in the processing of personal data and on the
problems related to such processing,
5)
identify risks to protection of privacy, and provide advice on ways of avoiding
or limiting such risks,
6)
provide advice and guidance in matters relating to protection of privacy and the
protection of personal data to persons who are planning to process personal data
or develop systems for such processing, including assistance in drawing up
codes of conduct for various sectors,
7)
on request or on its own initiative give its opinion on matters relating to the
processing of personal data, and
8)
submit an annual report on its activities to the King.
Decisions made by the Data Inspectorate pursuant to sections 9, 12, 27, 28, 30,
33, 34, 35, 44, 46 and 47 may be appealed to the Privacy Appeals Board. Decisions
made pursuant to sections 27 or 28 may be further appealed to the King if the decision
concerns personal data which are processed for historical purposes.
Section 43 Organization and functions of the Privacy Appeals Board
The Privacy Appeals Board shall decide appeals against the decisions of the
Data Inspectorate, cf. section 42, fourth paragraph. The Board is an independent
administrative body subordinate to the King and the Ministry. Section 42, first
paragraph, second sentence, shall apply correspondingly.
The Privacy Appeals Board consists of seven members who are appointed for a
term of four years with the possibility of reappointment for a further four years. The
chairman and deputy chairman are appointed by the Storting. The other five members
are appointed by the King.
The Privacy Appeals Board may decide that the chairman or the deputy
chairman together with two other board members may deal with appeals against
decisions that must be decided without delay.
The Privacy Appeals Board shall give the King an annual report on its hearing
of appeals.
Legal action regarding the validity of the decisions made by the Privacy Appeals
Board shall be addressed to the State as represented by the Privacy Appeals Board.