Search in data materials to remove correspondence may be carried out by a separate police unit

In connection with the investigation of a person charged with money laundering of a significant amount, the police has confiscated a number of data carriers, including PCs and mobile phones. After it had been clarified that the materials included confidential lawyer-client correspondence, see section 119 of the Criminal Procedure Act, the District Court decided with the support of the Court of Appeal that the removal of confidential materials was to be carried out by the police. The Supreme Court, having conducted an oral hearing, arrived at the same conclusion. The Supreme Court pointed out that the removal of the correspondence would be carried out by a technical unit within the police force in line with the Directive by the Office of the Public Prosecutor of 9 June 2021, and that this unit would have been organically separated from the investigation unit. The personnel removing the materials may also not perform other tasks in cases where the relevant correspondence may be significant, and they have a duty of secrecy with regard to information concerning lawyer-client correspondence. This and other fixed routines for the removal implies that the system is not contrary to Article 8 of the ECHR.  

Read the whole order (Norwegian only)

Areas of law: Criminal procedure. Section 204, cf. section 119 subsection 1 of the Criminal Procedure Act. Article 8 of the ECHR.

Key paragraphs: 88-89

Justices: Indreberg, Matheson, Normann, Arntzen, Steinsvik