Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 18/10/2017

Norway

Reservation contained in the instrument of ratification deposited on 30 June 2006 - Or. Engl.

Pursuant to Article 6, paragraph 3, of the Convention, the Government of the Kingdom of Norway reserves the right not to apply Article 6, paragraph 1.a.i, of the Convention.
Period covered: 01/10/2006 -
Articles concerned : 6

Reservation and declarations contained in the instrument of ratification and in a Note verbale from the Permanent Representation of Norway, deposited simultaneously on 30 June 2006 – Or. Engl.

Pursuant to Article 14, paragraph 3, of the Convention, the Government of the Kingdom of Norway, reserves the right not to apply the measures referred to in Article 20 – Real-time collection of traffic data, in cases of less serious offences.

Clarification of what is meant by "less serious offences"
Pursuant to Article 14, paragraph 3, the Parties may reserve the right to apply the measures set out in Article 20 only to offences or categories of offences specified in the reservation. It is indicated in the Norwegian reservation, that Norway does not wish to allow the collection of traffic data in real time in connection with minor offences.
Section 216b of the Norwegian Criminal Procedure Act provides for the collection of traffic data in cases where there is just cause for suspecting a person of having committed an offence, or of having attempted to commit an offence, that is punishable by imprisonment for a term of five years or more, or of having contravened specific penal provisions.
The use of various types of communication control and other privacy-invasive coercive measures is primarily restricted to cases involving serious offences, where serious offences are defined as carrying a penalty of five or more years' imprisonment.

Clarification of the relationship between the reservation and the application of Articles 20 and 21 in Norwegian law
The right to apply the measures referred to in Article 20 only to offences specified in the reservation is conditional on the range of offences to which Article 20 is applied not being more restricted than the range of offences to which the measures referred to in Article 21 apply. The condition set out in Article 14 must be interpreted to mean that the range of offences for which traffic data may be collected in real time must not be more restricted than the range of offences for which interception of content data is permitted.
Article 21 (Interception of content data) is governed in Norwegian law by section 216a of the Criminal Procedure Act, and Article 20 by section 216b of the Criminal Procedure Act. Section 216a has a prescribed penalty limit of ten or more years' imprisonment, while section 216b has a prescribed penalty limit of five years' imprisonment. This means that section 216a applies to a narrower range of offences than section 216b, and the condition of Article 14 is thus fulfilled. Norway is therefore entitled to enter a reservation in accordance with Article 14.
Period covered: 01/10/2006 -
Articles concerned : 14

Reservation contained in the instrument of ratification deposited on 30 June 2006 - Or. Engl.

Pursuant to Article 29, paragraph 4, of the Convention, the Government of the Kingdom of Norway reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.
Period covered: 01/10/2006 -
Articles concerned : 29


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