Statutory duty of confidentiality and public access at Innovation Norway

The purpose of our statutory duty of confidentiality is to ensure equal treatment and protect the interests of everyone who provides us with information about business or private matters.

The statutory duty of confidentiality provides adequate legal protection, and breaches are punishable under sections 209 and 210 of the Norwegian Penal Code. These provisions also apply to breaches that occur after your service or work for us has ended.

Information subject to a statutory duty of confidentiality cannot be disclosed to third parties requesting access under the Freedom of Information Act. However, non-disclosure declarations, confidentiality agreements and similar agreements intended to extend our duty of confidentiality are irrelevant and have no legal effect when determining the scope of the right of access, cf. section 13 of the Freedom of Information Act.

Against this background, we are neither legally permitted nor required to assume a broader duty of confidentiality than that set out in section 27 of the Innovation Norway Act.

'Section 27. Duty of confidentiality
Anyone who performs services or work for us has a duty of confidentiality regarding any information they obtain in connection with such services or work about the business or private affairs of others, unless they are legally required to disclose the information.

The duty of confidentiality does not apply to information provided to the owners on our behalf by the Board of Directors or anyone authorised by the Board of Directors.

The duty of confidentiality does not prevent

1. that, as part of our handling of individual cases, the information is disclosed to financial institutions and other parties subject to a statutory duty of confidentiality,
2. that we use the information to protect our interests as a creditor,
3. that the information is disclosed to our public-sector commissioning bodies and other public authorities where required to enable these bodies to fulfil their duty under legislation, regulations or instructions to oversee our public funds,
4. that the information is used to report offences or provide information about them to the prosecuting authority or relevant supervisory authority when this is deemed necessary in the public interest,
5. that the information is used when no legitimate interest requires it to be kept confidential, for example when it is generally known or publicly available elsewhere, or
6. that the information is used for information exchange (coordination) as provided for in the Act relating to the Register of Reporting Obligations of Enterprises.

Where reasonable and provided that it does not cause disproportionate harm to other interests, it may be decided in individual cases that information may or must be disclosed for research purposes, notwithstanding the duty of confidentiality. The provisions of sections 13 d, second and third paragraphs, and 13 e of the Public Administration Act apply insofar as appropriate.

The duty of confidentiality does not prevent information from being disclosed to third parties with the written consent of the person to whom the information relates.

The duty of confidentiality under this provision also applies to any owner, client or other public authority that receives information from us, and to anyone who performs services or work for them.'