Norway: The Norwegian Data Protection Authority’s Guide on Monitoring Employees’ Use of Electronic Equipment

The employer’s right to monitor, access, and review the employee’s electronic communications is restricted to the employee’s email account provided by the employer for work-related purposes, the employee’s personal areas in the company’s data network, and other electronic equipment the employer has provided for the employee to use for his or her work. Further monitoring is prohibited.

The Norwegian Data Protection Authority has prepared guidelines for when the prohibition on surveillance applies and what exceptions exist. The guide states that employers must make a thorough assessment when introducing technological tools to assess whether the use will entail surveillance of employees, whether the purpose falls within the exemption provisions, and whether the use is in line with the data protection regulations (including whether the use of the tool is necessary to achieve the purpose). The introduction of this type of tool will also constitute control measures, which means that the provisions in Chapter 9 of the Working Environment Act on control measures that are specific to Norway and include consultations, information, and evaluation of control measures must be followed.