Statutory duty of secrecy and public access in Innovation Norway

Anyone who performs a service or work for Innovation Norway has a duty of secrecy concerning information he or she obtains through this service or work about other parties’ business or private affairs. The statutory duty of secrecy is regulated in the Innovation Norway Act section 27 and applies to inter alia employees, office holders and consultants. The entire provision is included below.

The purpose of the statutory duty of secrecy is to secure equal treatment and protect the interests of all parties disclosing information regarding business or private affairs to Innovation Norway. The statutory duty of secrecy provides a sufficient legal protection and breach of the duty of secrecy is a criminal offence pursuant to the Penal Code sections 209 and 210. The penal provision also applies to breaches taking place after conclusion of the service or work for Innovation Norway.

Information subject to statutory duty of secrecy will not be disclosed to third parties requesting access pursuant to the Freedom of Information Act. Declarations of secrecy, non-disclosure agreements and similar agreements intending to extend Innovation Norway’s duty of secrecy will, however, be irrelevant and without legal effect when the scope of the public access shall be determined, cf. Freedom of Information Act section 13.

On this background it is legally neither permissible nor necessary for Innovation Norway to undertake a more extensive duty of secrecy than what follows from the Innovation Norway Act section 27.

“Section 27. Duty of secrecy
Anyone who performs a service or work for the company has a duty of secrecy concerning information he or she obtains through this service or work about other parties’ business or private affairs, unless he or she is obliged by law to disclose such information.

The duty of secrecy does not apply to information that the Board of Directors or anyone authorised by the Board of Directors provides to the owners on behalf of the company.

The duty of secrecy does not preclude

1. information that is part of the company's processing of individual cases being disclosed to financial institutions and other parties that are subject to a statutory duty of secrecy,
2. information being used to safeguard the company's interests as creditor,
3. information being disclosed to the company's public principals and other public authorities, when this is required in order for these bodies to meet their obligations pursuant to the law, regulations or instructions to monitor the company's use of public funds,
4. information being used to report or provide information about criminal acts to the public prosecuting authority or the relevant supervisory body when this is found to be necessary in the public interest,
5. information being used when no legitimate interest indicates that it should be kept secret, for example if it is public knowledge or publicly available elsewhere, or
6. information being used in an exchange of information (coordination) as presumed in the Act relating to the Register of Business Reporting Obligations.

When it is found to be reasonable and it is not disproportionately disadvantageous to other interests, it can be decided that information in individual cases can or should be disclosed for use in research, notwithstanding the duty of secrecy. The provisions of the Public Administration Act Section 13 d second and third paragraphs and Section 13 e apply insofar as they are appropriate.

Nor does the duty of secrecy prevent information from being disclosed to third parties with the written consent of the party whom the information concerns.

The duty of secrecy pursuant to this provision also applies to an owner, principal or other public authorities that receive information from the Company, and anyone who performs a service or work for such parties.”