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Norway · Geography does not establish applicable law.
Confirmed applicable legislation

Datatilsynet – Court Ruling (Norway, 2024)

Court Ruling
DPA DPA28 May 2024Norway
final
Court Ruling

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A Norwegian DPA ruling found that an employer acted improperly by inspecting an employee's mailbox without proper transparency. The employer suspected the employee of embezzlement and accessed their emails, leading to the employee's dismissal. This case shows the importance of following data protection rules even in workplace investigations.

What happened

The DPA ruled that an employer improperly accessed an employee's mailbox during an investigation of suspected embezzlement.

Who was affected

The employee whose mailbox was accessed and another employee suspected of involvement were affected.

What the authority found

The DPA determined the employer had a legitimate interest in inspecting the mailbox but failed to inform the employee about the data processing.

Why this matters

This case highlights the need for employers to maintain transparency when accessing employee data. It serves as a reminder that even legitimate interests must comply with data protection principles.

Recorded legal citations
Automatically processed
Art. 6(1)(f) GDPR
Art. 58(2)(b) GDPR
View original scraped data
Art. 6(1)(f) GDPR
Art. 58(2)(b) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§2(b) e-postforskriften
Decision AuthorityPersonvernnemnda
Reviewed AuthorityDPA

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Linked-source text retrieved.

Review needed — 20 March 2026.

Processing notes: articles corrected, national law identified, amount discrepancy, authority corrected.

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Full Legal Summary
Detailed

The controller, an employer, suspected that an employee had committed embezzlement and carried out an inspection of the employee’s mailbox. After discovering e-mail exchanges between the employee and another employee (the data subject), the controller also suspected that the data subject contributed to a possible embezzlement and accessed their mailbox as well. Access to the data subject’s mailbox was carried out by the controller with the assistance of a third party and a data processor. The inspection of the e-mails showed the data subject had breached their duty of loyalty in their employment by sharing insider information and other confidential information. The data subject was then dismissed. On 12 July 2020, the data subject lodged a complaint at the Norwegian DPA (“Datatilsynet”). The data subject argued that the controller had no legal basis for conducting an inspection and disclosing their personal data. The DPA found that the controller failed to comply with the accountability principle under Article 5(2) GDPR as the controller did not submit documentation of the legal basis for conducting the inspection of the data subject’s mailbox. The DPA held that the controller had a legitimate interest to inspect the data subject’s mailbox under Article 6(1) GDPR and Section 2 of the Norwegian E-mail Regulations (“[https://lovdata.no/dokument/LTI/forskrift/2018-07-02-1108 e-postforskriften]”). Under the E-mail Regulations, an employer has the right to access an employee’s mailbox in the event of "reasonable suspicion that the employee's use of a mailbox or other electronic equipment results in a serious breach of the obligations arising from the employment relationship or may provide grounds for termination or dismissal". However, the DPA found that the controller did not process the data subject’s personal data with sufficient transparency under Article 5(1)(a) GDPR and Article 14 GDPR, as the data subject was not informed about the processing. The DPA stated that

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

28 May 2024

Authority

DPA DPA

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Datatilsynet - Norway (2024). Retrieved from cookiefines.eu

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