Norway: Entry into force of two chapters on collection of communications metadata by Intelligence Services postponed
The Government of Norway announced, on 10 November 2020, that the entry into force of Chapters 7 and 8 of the Prop. 80 L (2019–2020) Intelligence Services Act which deal with facilitated collection of electronic communications metadata by the Intelligence Services will be postponed with the rest of the Intelligence Services Act to come into force on 1 January 2021. In particular, the Minister of Defense highlighted that, following the decision of the Court of Justice of the European Union ('CJEU') in Case C-623/17, Privacy International, and in Joined Cases C-511/18, La Quadrature du Net and Others, C-512/18, French Data Network and Others, and C-520/18, Ordre des barreaux francophones et germanophone and Others, it will undertake a thorough analysis of the importance of the CJEU's decision for Norwegian legislation, even if the CJEU decision is not directly binding on Norway.
In addition, the Government noted that Chapters 7 and 8 of the Intelligence Services Act deal with facilitated collection which may involve the collection of metadata in bulk to perform targeted searches in such data and that such searches in the metadata repository must be approved by the court. Lastly, the Government noted that if the aforementioned analysis shows that adjustment in Norwegian legislation is required, the Government will turn to the Norwegian Parliament ('Stortinget').