Fifth Norwegian Action Plan Open Government Partnership (OGP)

Ministry of Digitalisation and Public Governance

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8 Submitted commitments that are not ready to be included in the plan at this time, but on which work can continue for up to one year after the action plan has been submitted:

The OGP allows for the action plan to also include proposals for commitments on which the individual countries are considering continuing work, but which are not yet so well developed that they are suitable for inclusion in the action plan. These can be included in the plan within one year of its implementation.

Three proposals for such commitments have been received. These have not been dealt with through the regular processes between the public administration and civil society but were submitted afterwards. All three have been put forward by ministries.

8.1 Openness and integrity in lobbying

Stakeholders	Authorities	Civilsociety	Others (parliament, private sector, etc.)
Name and number of the commitment	Openness and integrity in lobbying
Summaryofthecommitment	More and more countries have been regulating lobbying for a long time. Norway has no such regulation, but we do have regulations on archiving, journalling and public access. Assess whether Norway fulfils international recommendations on openness and integrity regarding lobbying. In this context, it is relevant to consider the recommendations from the OECD, Council of Europe, IRM and GRECO.
Responsible for thecommitment	Norwegian Ministry of National IT Policy and Public Governance (Department of National IT Policy and Public Governance)
Stakeholders	Ministry of Justice, Ministry of Trade, Industry and Fisheries and the Prime Minister’s Office	TI, Media industry	KS, the Storting
Time period (to – from)	2024–2027

Reviewof problem
1. What problems will the commitment solve? It is important to have openness and integrity in lobbying to ensure fair play when formulating public policy. Openness and integrity can be ensured in various ways, for example through lobby registers. The most important thing is that there is openness about who is attempting to influence the authorities, the nature of their input, who they are directing their input at and when they offer the input. 2. What is the cause of the problem? Lack of openness and integrity in lobbying. The report on the status of Norwegian democracy "Sværtdemokratisk, men ikkedemokratisknok: En tilstandsanalyseav det norskedemokratiet 2015-2021" states, among other things, that resourceful lobby groups have great influence – not only in national politics, but also locally and regionally. This violates a democratic principle of political equality between citizens, since some resourceful citizens may in practice gain more political power than others.

Reviewof problem

1. What problems will the commitment solve?

It is important to have openness and integrity in lobbying to ensure fair play when formulating public policy.
Openness and integrity can be ensured in various ways, for example through lobby registers.
The most important thing is that there is openness about who is attempting to influence the authorities, the nature of their input, who they are directing their input at and when they offer the input.

2. What is the cause of the problem?

Lack of openness and integrity in lobbying. The report on the status of Norwegian democracy "Sværtdemokratisk, men ikkedemokratisknok: En tilstandsanalyseav det norskedemokratiet 2015-2021" states, among other things, that resourceful lobby groups have great influence – not only in national politics, but also locally and regionally. This violates a democratic principle of political equality between citizens, since some resourceful citizens may in practice gain more political power than others.

Reviewofthecommitment
1. What has been done so far to solve the problem? Little. OGP action plans, surveys from TI and participation in work in the OECD and the Council of Europe. The issue of establishing a lobby register has been raised in the Storting several times and in some municipalities. 2. What kind of solution is proposed? Investigation to assess whether Norway fulfils international recommendations on openness and integrity in lobbying. The investigation will also point out any measures that can increase the degree of openness and integrity in lobbying. One such measure could be a lobby register, but other alternative measures must also be considered. 3. What results will be achieved by implementing the commitment? That input from lobbyists improves the quality of case management, for example through new and updated facts and other assessments. That input from lobbyists will not be "at the front of the queue", and that their input will not be hidden from other parties or stakeholders in the cases. That lobbying ensures fair play when formulating public policy.

Reviewofthecommitment

1. What has been done so far to solve the problem?

Little. OGP action plans, surveys from TI and participation in work in the OECD and the Council of Europe. The issue of establishing a lobby register has been raised in the Storting several times and in some municipalities.

2. What kind of solution is proposed?

Investigation to assess whether Norway fulfils international recommendations on openness and integrity in lobbying. The investigation will also point out any measures that can increase the degree of openness and integrity in lobbying. One such measure could be a lobby register, but other alternative measures must also be considered.

3. What results will be achieved by implementing the commitment?

That input from lobbyists improves the quality of case management, for example through new and updated facts and other assessments.
That input from lobbyists will not be "at the front of the queue", and that their input will not be hidden from other parties or stakeholders in the cases.
That lobbying ensures fair play when formulating public policy.

Analysis ofthecommitment
Question	Answer
1. How will the commitment promote openness?	Access will be gained into who the lobbyists are, the proposals they put forward and to whom the proposals are presented. In addition, others will have the opportunity to quality assure both facts and assessments from lobbyists.
2. How will the commitment contribute to greater predictability?	Through better quality assurance of the development of public policy.
3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?	Anyone can submit lobbying proposals. These will be open and it will be possible to comment on them.

Plan for commitment

Milestones

Expectedoutcome

Expectedcompletion date

Stakeholders

Start report, NOU

Deliver report

Report with proposed initiatives

Civil society organisations

Responsible:

Department of National IT Policy and Public Governance

Stakeholders/supporters

Public administration

Civil society organisations

Others (e.g. parliament, civil society, others)

8.2 Follow up the reports from the Norwegian Commission for Freedom of Expression (2022:9) and the Norwegian Privacy Commission (NOU 2022: 11)

The Ministry of Justice and Public Security has submitted a proposal for following up the reports from the Freedom of Expression Commission (2022:9) and the Privacy Commission (NOU 2022: 11). The Ministry of Justice points out that there are several chapters that summarise conditions that may be important for openness – especially chapter 7 in both NOU reports, which deals with privacy in the justice sector and the Internet as infrastructure for freedom of expression, respectively.

The Ministry of Justice proposes that we should look at how new technology, such as new tools and methods in the justice sector, can affect the public discourse, including freedom of communication and the protection of sources.

8.3 Work to ensure that no more information is withheld in the health area than is authorised by law

The press organisations proposed an obligation for public authorities to facilitate openness and access by ensuring that the public sector does not withhold more information than the law allows. The background is that the press experiences a lack of access to health-related information in press coverage of accidents, malpractice and other health-related cases, and in these cases are often met with what they perceive as erroneous and exaggerated claims about GDPR and the duty of confidentiality from hospitals, etc. The question is therefore whether the GDPR and the duty of confidentiality are interpreted too broadly, and whether Article 85 of the Regulation is understood and practised correctly.

The primary obligation is to work to ensure that no more health information is withheld than is authorised by law, which can be achieved through the correct application of GDPR and the rules concerning the duty of confidentiality.

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