Data materials acquired by French authorities may be used as evidence in a Norwegian criminal case

The police had been given access to data that French police had acquired from an encrypted communication network, and wanted to use these materials as evidence in a Norwegian criminal case. The Supreme Court stated that if the materials could not have been legally acquired in Norway – an issue that had not been addressed – three conditions would have to be met in order to use the materials as evidence. The acquisition must take place in accordance with applicable rules in the relevant country. The defendant must have a right of access to all information acquired. The materials must also not be acquired in a manner that would make the use of them as evidence contrary to basic Norwegian values. The Supreme Court found that all conditions were met. To the latter condition, it was emphasised that it did not involve mass surveillance, and that the legislature through section 216 o of the Criminal Procedure Act has allowed for data acquisition in situations similar to that in question, at least according to the wording of the provision. It was also mentioned that the use of an encrypted communication platform mainly used by criminals was not eligible for protection. The request that the materials be excluded as evidence was dismissed.    

Read the whole order

Areas of law: Criminal law. Section 216 o of the Criminal Procedure Act

Key paragraphs: 25-30, 35, 37, 42, 44

Parties: I. A (Counsel Marius Oscar Dietrichson) v. The Public Prosecution Authority (Counsel Andreas Magne Alfoni Strand) II. B (Counsel Berit Reiss-Andersen) v. The Public Prosecution Authority (Counsel Andreas Magne Alfoni Strand) III. C (Counsel Øystein Ola Storrvik) v. The Public Prosecution Authority (Counsel Andreas Magne Alfoni Strand)

Justices: Falkanger, Kallerud, Ringnes, Høgetveit Berg, Thyness