Fiches Belges: La Norvège

Is this measure possible in your Member State under International Judicial Cooperation?

Legislation on invasion of privacy of communications, including interception, recording and transcription of telecommunications and interception and recording of other means of communications, is found in The Criminal Procedure Act of 22 May 1981 chapter 16a (Communication Control). CC covers interception of phones (including mobile phones), telefax, telex and ongoing e-mail and SMS messages. Recording and copies may be made of those communications, to the same extent to which they are intercepted.

International legal framework applicable for this measure in your Member State

Norway has ratified the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters, and Chapter III of the Convention has been implemented in the legislation.

* receive the request/decision for judicial cooperation

Telephone and telecommunications interception may only take place subject to a (prior) Court order. Exceptionally, if there is a great risk that the investigation will be impaired, the order from the Prosecution Authority may take the place of a Court order. A decision by the Prosecutor shall as soon as possible, and not later than 24 hours after the control has begun, be submitted to the Court for approval.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

The documents should be translated into Norwegian, but also Swedish, Danish and English may be accepted.

Deadlines for the execution of the request/decision (where applicable)

No legal deadlines.

a. Special requirements

Telecommunications interception may only take place in severe cases such as for instance severe narcotics crimes, murder cases, armed robbery, terrorist cases, and severe sexual offences, and only if the interception is deemed necessary for the investigation. In concrete cases, the practical execution should be discussed between by the authorities of the requesting State and the Norwegian Prosecution Authority. The Norwegian Police will execute the measure in conformity with the wishes of the requesting State and within the framework of Norwegian legislation.

b. Other useful information

Representatives of the requesting State may be allowed to be present in connection with the execution of the measure. Norway also carries out requests in accordance with Chapter III of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters.