83
Texts of acts
Section 7. Right to information
The Ombudsman may require public officials and all others
engaged in the service of the public administration to provide
him with such information as he needs to discharge his duties.
As the national preventive mechanism, the Ombudsman has a
corresponding right to require information from persons in the
service of private institutions such as are mentioned in section
4, first paragraph, second sentence. To the same extent he may
require that minutes/records and other documents are produced.
The Ombudsman may require the taking of evidence by the
courts of law, in accordance with the provisions of section
43, second paragraph, of the Courts of Justice Act. The court
hearings are not open to the public.
Section 8. Access to premises, places of service, etc
The Ombudsman is entitled to access to places of service,
offices and other premises of any administrative agency and
any enterprise that comes within his sphere of responsibility.
Section 9. Access to documents and duty of confidentiality
The Ombudsman’s case documents are public. The Ombudsman
will make the final decision on whether a document is to be
wholly or partially exempt from access. Further rules, including
on the right to exempt documents from access, will be provided
in the instructions to the Ombudsman.
The Ombudsman has a duty of confidentiality as regards
information concerning matters of a personal nature to which
he becomes party to during the course of his duties. The duty of
confidentiality also applies to information concerning operational
and commercial secrets, and information that is classified
under the Security Act or the Protection Instructions. The duty
of confidentiality continues to apply after the Ombudsman has
left his position. The same duty of confidentiality applies to his
staff and others who provide assistance.
Section 10. Completion of the
Ombudsman’s procedures in a case
The Ombudsman is entitled to express his opinion on matters
within his sphere of responsibility.
The Ombudsman may call attention to errors that have been
committed or negligence that has been shown in the public
administration. If he finds sufficient reason for so doing, he
may inform the prosecuting authority or appointments authority
of what action he believes should be taken in this connection
against the official concerned. If the Ombudsman concludes that
a decision must be considered invalid or clearly unreasonable or
that it clearly conflicts with good administrative practice, he may
express this opinion. If the Ombudsman believes that there is
reasonable doubt relating to factors of importance in the case, he
may make the appropriate administrative agency aware of this.
If the Ombudsman finds that there are circumstances that may
entail liability to pay compensation, he may, depending on the
situation, suggest that compensation should be paid.
The Ombudsman may let a case rest when the error has been
rectified or with the explanation that has been given.
The Ombudsman shall notify the complainant and others
involved in a case of the outcome of his handling of the case. He
may also notify the superior administrative agency concerned.
The Ombudsman himself will decide whether, and if so in what
manner, he will inform the public of his handling of a case.
As the national preventive mechanism, the Ombudsman
may make recommendations with the aim of improving the
treatment and the conditions of persons deprived of their
liberty and of preventing torture and other cruel, inhuman or
degrading treatment or punishment. The competent authority
shall examine the recommendations and enter into a dialogue
with the Ombudsman on possible implementation measures.
Section 11. Notification of shortcomings in legislation and in
administrative practice
If the Ombudsman becomes aware of shortcomings in acts,
regulations or administrative practice, he may notify the ministry
concerned to this effect.
Section 12. Reporting to the Storting
The Ombudsman shall submit an annual report on his activities
to the Storting. A report shall be prepared on the Ombudsman’s
activities as the national preventive mechanism. The reports will
be printed and published.
The Ombudsman may when he considers it appropriate submit
special reports to the Storting and the relevant administrative
agency.
(Sections 13-15)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents