Can You Record Phone Calls and Conversations in Norway?
In Norway, you can record conversations and telephone conversations that you take part in. However, it is advisable to inform other parties in the conversation that you’re recording.
Recording phone calls, conversations or negotiations in a closed meeting that you’re not a part of or to which you have gained unauthorized access is illegal, as this is considered a violation of the right to private communication. Section 205. of the Norwegian Penal Code.
Recording conversations in secret may expose you to lawsuits due to libel or defamation. However, if the recording is done to capture evidence of a crime or a violation of your rights, the court may deem the recording admissible at its discretion.
In addition, publishing secret recordings may result in a violation of Section 267 of the Penal Code, which states, “Any person who by public communication violates the privacy of another person shall be subject to a fine or imprisonment for a term not exceeding one year.”
Video Recording Laws in Norway
While there are no Norway laws that directly address video recording laws among individuals, it is advisable to avoid recording people in places where there is a reasonable expectation of privacy, as this may result in a violation of privacy.
Places with a reasonable expectation of privacy include, inside homes, dressing rooms, hotel rooms, changing rooms, washrooms, etc.
In addition, publishing such recordings may result in a violation of privacy according to Section 267 of the Penal Code.
It is against the law, with intent or gross negligence to publish or offer for sale or rental or otherwise seek to distribute a film, videogram, etc. in which depictions of gross violence are used as entertainment in an improper manner. Section 236.
Exceptions apply to films and videograms approved for screening or commercial sale by the Norwegian Media Authority.
According to Section 311 of the Penal Code, it is illegal to:
- Produce a depiction of sexual abuse of children or one which sexualises children.
- Disseminate in any way depictions mentioned above.
- Acquire, import or possess such depictions or intentionally acquire access to such material.
- Give a public presentation or arrange a public performance or exhibition of such depictions.
- Coerce or induce a person under 18 years to be depicted as part of commercial productions involving sexual content.
Norway follows the GDPR although it is not part of the European Union. The GDPR was established on May 25, 2018, to control the processing of data (including calls and videos) owned by EU citizens by companies that have access to such data regardless of whether or not the companies are established within the EU.
The reason why Norway follows the GDPR is because the country is part of The European Economic Area ( EEA ). The EEA incorporated the GDPR through Agreement by a Joint Committee Decision dated July 6, 2018.
In Norway, the GDPR is implemented by the Norwegian Personal Data Act (“PDA”), which went into effect on July 20, 2018.
To learn more about the GDPR, click here.
- Violating Section 205 of the Norwegian Penal Code is punishable by a fine or imprisonment for a term not exceeding two years.
- Violating Section 236 of the Penal Code is punishable by a fine or imprisonment for a term not exceeding one year.
- Violating Section 311 of the Panel Code is punishable by a fine or imprisonment for a term not exceeding three years. In case of a violation due to negligence, the penalty reduces to a fine or imprisonment for a term not exceeding six months.