Forside

An Open Government

Fifth Norwegian Action Plan – Open Government Partnership (OGP) 2024–2027

Ministerial foreword

At a time when we are becoming fewer, resources are shrinking, and tasks are multiplying, the need to rejuvenate and enhance our public administration becomes paramount. The concept of open government is crucial to a thriving and proactive democracy. In Norway, every citizen has the right to access information from the public sector. This information must be documented, verifiable, and open to examination. When citizens have access to information about the workings of the public sector, it reduces the potential for corruption and misuse of power.

In the global arena, Norway is recognized for its relatively open administration. Looking ahead, we anticipate that new digital solutions will streamline documentation processes in public administration and create more efficient systems for information access. However, the sheer volume of information will also pose new challenges.

Norway’s involvement in the Open Government Partnership helps keep transparency at the forefront of discussions, both domestically and internationally. The fifth National Action Plan for Open Government identifies key priority areas to enhance governmental transparency in Norway. This plan was developed through a collaborative process involving both the government and civil society representatives. The commitments outlined in the plan are ambitious, reflecting a shared vision for an open administration in Norway.

This action plan will contribute to the Norwegian government’s efforts towards greater transparency through initiatives aimed at increasing transparency in public procurement, combating corruption, and enhancing the digital literacy of the population. Consequently, this will lead to a more transparent, renewed, and improved administration.

Karianne Oldernes Tung

Minister of Digitalisation and Public Governance

1 Introduction

Facilitating an open administration is a central priority for the Norwegian government. All citizens should be able to access information on how governments and municipalities work. Open government holds decision-makers accountable, it provides opportunities for engagement, and it contributes to deepens trust among citizens and their governments.

By joining the multilateral mechanism Open Government Partnership (OGP), Norway seeks make public administration more open, inclusive, and responsible. As part of this commitment, Norway presents multi-year action plans for the Open Government Partnership. The action plans are drawn up as a collaboration between administration and civil society.

The current plan is Norway’s fifth action plan for the Open Government Partnership. The government has listened feedback on previous action plans and sought to better describe how different actors have contributed to the development of the action plan.

2 Priority areas

In developing the action plan, the government has facilitated an open process where all relevant actors have been given the opportunity to provide input on priority areas. The action plan is the result of co-creation between civil society organizations and relevant ministries.

2.1 The Government’s priority areas

In spring 2022, the Government addressed the question of which areas it wanted to give priority to in a new Open Government Partnership (OGP) Action Plan.

The Government proposed seven areas:

More openness in public procurement

Anti-corruption

Active access to information

Trust in public administration

Integrity and openness in public administration

Climate and environment

Reuse of public data

The Government emphasised the importance of preparing an action plan that can create real changes for citizens. The plan is therefore based on topics where Norway has potential for improvement, and which are also politically prioritised.

The Government has based its choice of topics in the plan on reports from the OECD, Transparency International (TI) and the OGP’s own auditing body, IRM[1] and the OGP Council, all of which have pointed out various areas in which Norway could do better.

In the past, the government has published plans that cover a two-year period for the Open Government Partnership. The government believes it is appropriate to develop a plan for the four-year period 2023 – 2027, as several of the proposed measures may require time to develop and implement.

2.2 Input from public administration and civil society – co-creation

The government’s proposed priority areas were shared with the stakeholder forum for the OGP work in Norway in June 2022. The stakeholder forum consists of participants from civil society, the OGP council[2] and relevant ministries. Already before the meeting, both public administration and civil society actors submitted proposals and suggested commitments.

The agreed priorities were thereafter presented for consultation, to allow the public to state their opinion. In addition to responses to the consultation, additional suggestions were made during the next meeting of the stakeholder forum, in September 2022.

Priority areas and commitments have thereby been developed through a co-creation process, in close collaboration between government and representatives of civil society. In some cases, proposals have not been followed up, such as when it comes to beneficial ownership. Some proposals have been put forward by the public administration without input from civil society, such as the enforcement of privacy statements on public websites and enforcement of the regulations for universal design of ICT solutions.

2.3 Priorities for the period 2024–2027

Based on the 25 or so proposals for commitments, the Ministry of Local Government and Regional Development (KDD) drew up a list of topics that seemed particularly relevant for continued work. Emphasis was placed on areas where points for improvement have been identified, for example where Norway does less well in international rankings, or where the government is not satisfied with status. Emphasis was also placed on following up recommendations from the report from OGP’s audit body, IRM (Independent Reporting Mechanism).

The Fifth Action Plan therefore includes the following areas that meet both the Government’s and civil society’s priorities:

Public procurement

Universal design and digital inclusion

Openness in public administration – archives/journalling, e-access

Anti-corruption

Better access to criminal case documents

In June 2023, the plan was sent to the stakeholders’ forum and the OGP Council and posted on the OGP website for comment.

3 Norway and the Open Government Partnership (OGP)

3.1 Organisation and funding

Norway became part of the OGP cooperation in 2010 as one of the very first countries and has also served on OGP’s Steering Committee. The Ministry of Digitisation and Public Governance (DFD) coordinates the OGP work in Norway. Norway supports OGPs financially by annually authorising an amount equivalent to USD 200,000.

Norway has established a stakeholders’ forum and, on its own initiative, has appointed an OGP Council. The members of the Stakeholders’ Forum consist of a number of civil society organisations together with the ministries. All organisations are free to participate in the work. The OGP Council is appointed by the Ministry (see sections 3.1 and 3.2).

3.2 The action plans

Norway has submitted four action plans along with an extension of the fourth plan (Action Plan 4 B). Due to the coronavirus pandemic, it was not possible to start work on a new action plan, and the fourth was therefore expanded with more initiatives. This was done in agreement with the OGP.

The individual ministries and agencies are responsible for their respective commitments in the action plans.

Norway’s action plans have been assessed by the OGP’s own auditing body, the Independent Reporting Mechanism (IRM). The plans have been criticised on several occasions for not being ambitious enough, for containing commitments that would be implemented in any case, and for not involving civil society enough.

However, Norway has also received praise for commitments on gender equality, beneficial ownership and the disclosure of financial data.

4 Cooperation within the framework of the Open Government Partnership

4.1 OGP Council

Norway has had its own OGP Council ever since work on the Third Action Plan started. It has consisted of six persons from various organisations and entities. In particular, the Council has helped the Ministry to develop the action plans by providing input on topics, as well as monitoring the work of creating, implementing and following up the plans.

In addition, the Council has, on its own initiative, participated in the public debate on openness issues, including making small video films posted on YouTube, which in 2020/21 particularly focused on openness during the pandemic. In 2022, three videos were made that focused on openness in general and the OGP in particular.

Members of the Council have also participated in meetings with the Ministry in various contexts, most recently during the OGP Europe Regional Meeting in Rome in 2022 and at the OGP Global Summit in Tallinn in 2023.

4.2 The Stakeholders’ Forum

An important element of the OGP is the Stakeholders’ Forum, which shall consist of the public administration and civil society and meets regularly to follow the OGP work in each country. It will therefore play an active role in the preparation of the action plans, but also in their implementation and follow-up.

In Norway, the members of this forum have not been permanent. A mailing list has been drawn up of a number of civil society organisations that receive invitations to meetings and other briefings. These are civil society organisations that have been assumed to be interested in the work.

Recipients of the invitations have been encouraged to forward the meeting invitations to other organisations that may be relevant. Letters to the Stakeholders’ Forum have often included requests for input to action plans, information about OGP meetings, etc.

Attendance at the meetings often reflects the topics that are up for debate. Nevertheless, relatively few organisations have attended the meetings. Most of the organisations that choose to attend work with openness in general and with transparency around cash flows. In addition, organisations from the media industry have also attended.

There have been several meetings of the forum during the preparation of the Fifth Action Plan. The first meeting took place on 23 June and marked the start of work on the action plan. This was followed up by another meeting on 20 September. All the organisations were invited to these meetings. In addition, two thematic meetings were held on topics where the stakeholders had submitted proposals for commitments (on 13 and 16 January 2023, respectively).

4.3 Website

A special website has been set up on Regjeringen.no that deals with OGP work (https://open.regjeringa.no/. The website has provided information on a running basis about the work on the action plan and other relevant information about Norway’s OGP work.

4.4 Nordic+

Norway has played an active role for several years within the framework of the OGP. A cooperation that originally consisted of Denmark, Finland, Sweden and Norway has been expanded to include the Baltic countries, Germany, the Netherlands and Scotland. The cooperation is often referred to as “Nordic+” and was initiated in its current form at the Global Summit in Ottawa in 2019.

The contact persons in the countries meet more or less regularly, either in person or online, often together with the OGP’s administration. The meetings have specialised content partly related to openness issues, partly related to processes such as work on action plans and how the public administration works towards civil society.

In addition to meetings in which all or most countries participate, bilateral meetings also take place.

The responsible contact person(s) for the OGP from Norway participate, often together with members of the OGP Council.

5 Work on oppenness in Norway outside the Open Government Partnership

Norway is recognised as one of the most open societies in the world. The country often scores well on various comparative statistics for security, trust, health, political participation and anti-corruption, among other things. In 2021, the OECD conducted a survey of the population’s trust in public administration in Norway (similar surveys were conducted in all OECD countries).[3] Norway did well here, but was advised, among other things, to improve the opportunities marginalised groups have to exert influence.

Not all openness work in Norway is encompassed by the OGP. The public administration and civil society cooperate in a number of areas:

5.1 The role of civil society

Civil society plays an important role in Norwegian society and has done so for two hundred years.

Figures from the Institute for Social Research (ISF) and “Frivillighet Norge” (Association of NGOs in Norway) on voluntary work – indicate a high degree of participation in organisations in the population. ISF has found that a majority of the adult population performs voluntary work every year. It is estimated that the annual production of services from the efforts of the voluntary sector totals NOK 50 billion. Several civil society organisations work to promote good governance and good public administration, often through campaigns for increased openness about government revenues and the fight against corruption. They also monitor the achievement of goals and the quality of public policy and contribute to the dissemination of information and knowledge about public policy.

Civil society organisations have contact with the public sector in various ways: This can take place through, e.g., the Storting’s committees, through contact with ministries (political leadership or civil service), or through directorates. Similarly, there is extensive contact with local government. In addition, they often participate actively in consultations and other input. Civil society organisations can also participate in councils and committees where they help to lay the foundations for later action in elected bodies.[4]

5.2 Tripartite cooperation

Norwegian society is based more on consensus than on conflict. Tripartite cooperation between the government, trade unions and employers is therefore an important tool. One important issue on which the three parties cooperate is income policy. The main objective of the income policy cooperation between the government and the social partners is to coordinate wage formation. In this way, income policy will contribute to moderate price and wage growth. This in turn will strengthen the basis for sustained high employment and low unemployment. The parties are responsible for collective bargaining. Income policy cooperation between the government and the social partners is anchored in the Government’s Contact Committee, which was established in 1962 and is chaired by the prime minister. This cooperation has contributed to Norway having lower unemployment and a lower level of conflict in the labour market than most other countries.

5.3 The trust reform

The trust reform is one of the Government’s most important projects, and a key part of the work to modernise and develop the public sector. This is not a traditional reform where the Government determines the structure and design and then instructs the public administration how to implement it. The content of the reform is created in close collaboration with user organisations, elected representatives and management in all major public agencies. The work on the trust reform is therefore a crucial part of the renewal efforts in the public sector. The goal of the reform is greater welfare and better services for citizens throughout the country. We will achieve this by increasing trust in the public sector. The reform must be concrete, and the ministries are now working, among other things, to provide more professional freedom to the first line and to reduce unnecessary reporting and documentation requirements.

If employees are given more time and latitude to use their expertise on what they are primarily responsible for, resources will be better utilised, and users can receive better services. The knowledge and expertise of employees is the public sector’s most important resource. It must be safeguarded and utilised as best as possible.

5.4 Instructions for Official Studies and Reports

The purpose of Instructions for Official Studies and Reports is to provide a sound, independent professional basis for decisions on central government measures, such as reforms, regulatory changes and investments, not least for political decisions. It is important that central government decisions are well founded and thoroughly thought through. Incomplete or insufficient investigation increases the risk of decisions being made that cannot be implemented, that have unfavourable effects or that entail a waste of society’s resources. One of the requirements in the instructions is that the public administration must involve those affected by the measure at an early stage in the assessment process.

5.5 Public committees

Public committees have long played a central role in the Norwegian system of governance. Different parts of society, such as interest organisations and academia, participate in public committees. The aim of setting up public committees is to develop the knowledge base for policy and propose concrete measures, such as new laws. The committees must submit a public report (sometimes several), which formally constitutes advice to the ministry that has appointed the committee. Public committees also help to ensure openness about who advises the government or ministers on the development and implementation of public policy, and what kind of advice they give. The reports are often published in the established system known as NOU (Official Norwegian Reports), but they can also be published in other ways.

NOUs are usually circulated for public consultation and are therefore often part of the professional basis for reports and propositions that the Government submits to Norway’s parliament, the Storting. The public committees are governmental and appointed by the Government or a ministry. The committees have external representation and are time-limited, for example to one year. The external members may be party representatives or independent experts. The committees can also have members from public authorities.

Committees appointed to perform official studies shall have flexibility in their work where the participants are equal, and that they are authorised to find the best solutions. This means that they can have dialogues and discussions with whomever they wish limited, if applicable, by the mandate.

A total of approximately 1,650 NOU committee reports have been published since the series began in 1972.

5.6 Consultations

Consultations are used to allow citizens, organisations and businesses to express their opinions and control what the public administration does and how it carries out its tasks. The consultation period is normally three months.

Cases are circulated for consultation because:

it is a democratic right for everyone to be involved in shaping public policy.

the views of affected interests must be known to those who make the decisions.

cases must be informed as well as possible before decisions are made (ref. the Public Administration Act).

participation creates better support and facilitates the implementation of initiatives.

Cases circulated for consultation may concern proposals for laws and regulations that regulate people’s rights and obligations, the organisation of the public administration, changes to areas of authority, and investigations. Anyone and everyone can contribute to public consultations, regardless of whether they are on the consultation list or not.

5.7 The Public Administration Act, Freedom of Information Act, Archives Act, Environmental Information Act and Transparency Act

The Public Administration Act provides general rules on procedure in public administration. The Act regulates the processing of cases when a decision is made, and in particular the rights of the parties during the process.

The Freedom of Information Act gives everyone the right to access case documents, records and similar registers for all bodies covered by the Act. It applies to all government agencies, municipalities and county authorities and certain other entities. The main rule is that access must be granted, and exceptions require authorisation by law or accordance with the law. The Act also contains rules on the handling of requests for access and the right to appeal against decisions in access cases.

The Archives Act shall safeguard archives that have important cultural or research value or that contain legal or important administrative documentation so that these can be preserved and made available for posterity. Detailed rules on archiving and journalling of documents are set out in the Archive Regulations.

The Environmental Information Act is intended to ensure that the public has access to environmental information and thereby makes it easier for individuals to contribute to the protection of the environment, to protect themselves against health and environmental harm and to influence public and private decision-makers on environmental issues. The Act also promotes the public’s right to participate in public decision-making processes that affect the environment.

The Transparency Act entered into force on 1 July 2022. It aims to promote the enterprises’ respect for fundamental human rights and decent working conditions in connection with the production of goods and provision of services and ensure the general public access to information regarding how enterprises address adverse impacts on fundamental human rights and decent working conditions.

5.8 Central Government communication policy

The communication policy contains the central goals and principles of the central government’s communication with citizens, businesses, organisations and other public sector activities. The aim of the Central Government communication policy is to ensure that citizens receive correct and clear information about their rights, responsibilities and opportunities, have access to information about the central government’s activities, and be invited to participate in the formulation of policies, schemes and services.

5.9 Dialogue with the municipalities (the consultation scheme)

The Government and the Norwegian Association of Local and Regional Authorities (KS) agree on the need for a good dialogue between the central government and the municipal sector on central government framework conditions and goal achievement within municipal activities. From and including the work on the national budget for 2001, there have been regular consultations between the central government, represented by the Government, and the municipal sector, represented by KS (the local government sector’s interest and employer organisation), through regular political meetings.

The main purpose of the scheme is to reach agreement on what can be achieved within the municipal sector’s revenue framework.

5.10 Norwegian participation in the OECD’s work on openness and democracy

Norway participates in the OECD’s work on openness through the Working Party on Open Government (WPOG). The work on openness in the OECD covers many of the same topics as the OGP, but often with a slightly different angle, often with greater emphasis on how the public administration should organise its work. WPOG is a working group under the PGC (Public Government Committee).

6 Norway’s OGP commitments 2023-2027

6.1 Public procurement – establish an authoritative source of quantitative data on public procurement.

Title

Establish an authoritative source of quantitative data on public procurement.

Summaryofthecommitment

Background

The Norwegian Agency for Public and Financial Management (DFØ) has the ambition to be recognised as the leading source of quantitative data on public procurement.

In its review of Norway’s public procurement system (MAPS), the OECD (2018) pointed out that one area for improvement was to invest in data collection and the development of a framework for analysing and monitoring status and performance.

The Office of the Auditor General’s review of green procurement in 2022 also sheds light on the issue: A lack of data has made it challenging to describe the scope, costs and effects of green procurement. A fundamental challenge is that the available information does not meet the need. This is due both to inadequate access to existing information sources and to the fact that the sources do not contain the necessary information about the procurements that are carried out.

DFØ was tasked in the letter of allocation for 2021 with facilitating the production of better procurement data from central government entities. In addition, they were tasked with increasing the production and use of data for efficient resource utilisation. This work was continued in 2022, and forms the basis for DFØ’s ambition to make data available to promote openness in public procurement. This will be done by continuously expanding data collection in order to produce information about public procurement and consumption, together with the risks and consequences that procurement may have for the economy and sustainability.

Examples of data DFØ wants to make available:

Data on public announcements to obtain a better knowledge base about procurements made on Doffin. This includes raw data from the Doffin.no solution, together with aggregated statistics.

Statistics from the use of eBevis. eBevis is a service for electronic collection of documentary evidence from various public registers.

Statistics from accounting data and supplier information for public agencies.

Data and statistics on climate and environmentally friendly public procurement.

Data and statistics on the results of the procurement survey.

DFØ’s ambition is to make data available in the form of statistics and finished analyses on dfo.no and anskaffelser.no, as well as open data on data.norge.no and data.dfo.no.

Summaryofthecommitment

DFØ

Stakeholders

Authorities

Civilsociety

Others (parliament, private sector, etc.)

Ministry of Trade, Industry and Fisheries (NFD)/ The Norwegian Agency for Public and Financial Management (DFØ)/Department of National IT Policy and Public governance (DFD).

Transparency International Norge

Time period

(to – from)

2023–2024

Descriptionofthe problem

1. What problems will the commitment solve?

The need for better data on public procurement has previously been mentioned by, among others, the OECD and the Office of the Auditor General, as well as in DFØ’s letter of allocation. Data on public procurement can meet the needs of several target groups for access and knowledge, for example through insight into public agencies’ procurement practices and their effects.

There is a need for knowledge about the management of public procurement. This knowledge is needed both as a basis for overarching policy formulation and to follow up on overarching political goals. In addition, public agencies need data to be able to manage their procurement effectively and efficiently. To obtain a comprehensive picture of the agencies’ procurement costs, systematic procurement analyses must be prepared that show who buys what and from which suppliers (spend analysis).

At the same time, open administration is important for democracy because it helps to maintain a high level of public confidence that public funds are used efficiently. Statistics and data on completed procurements will give the public better knowledge of the scope, type and nature of procurements and who (at a general level) is awarded public contracts. This is information that can contribute to improved access to and control of public expenditure.

The initiative will provide the target groups with better insight through data and statistics, especially in the areas of announcements on Doffin, accounting data and supplier information, climate and environmentally friendly procurements, and public agencies’ procurement work.

2. What is the cause of the problem?

The problem is caused by:

Access to data: often proprietary or entity-specific data is difficult to export or transfer due to legal obstacles or because it is technically labour-intensive.

Technical data management solutions in DFØ: data management, both a technical data platform and expertise for operation and development, requires capacity and resources. The goal is to establish stable and secure framework conditions for the management of procurement-relevant data that enables dissemination and accessibility.

Descriptionofthecommitment

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

DFØ has established ANS datasjø as a data platform for data management.

DFØ has established the domain data.dfo.no where open data will be published.

DFØ has carried out legal investigations into access to accounting and invoice data in dialogue with NFD.

2. What kind of solution is proposed?

DFØ is working on gaining access to data, establishing data flow to the data platform, conducting analyses and publishing data and statistics openly.

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

Improved data-based knowledge and openness about public procurement based on DFØ’s quantitative data on public procurement.

Clarification of DFØ’s role as a premise provider and primary source of quantitative data on public procurement.

Analysis ofthecommitment

Question

Answer

How will the commitment promote openness?

DFØ’s ambition is to promote openness in public procurement by sharing raw data, analyses and statistics. The public can thus to a greater extent control and scrutinise data from procurement processes, but also from actual purchases and consumption. In addition, suppliers can use this data to build solutions and services that the general public and the public sector can use to gain better insight.

How will the commitment contribute to greater predictability?

Sharing data and statistics lays the foundation for the public and others to engage with public agencies to a greater extent. Predictability is made possible through detailed information about procurements, e.g. who the contracting authority is, what they procure, who wins the contract, the volume of the contract, etc.

How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

DFØ seeks to provide the general public with greater insight and knowledge about public procurement at a general level. It will also enable individuals and suppliers to investigate and analyse data, as well as compose news stories about procurement in the public sector.

Plan for commitment

Milestones

Expectedoutcome

Expectedcompletion date

Stakeholders

Open data and statistics on public announcements, as well as statistics based on eBevis.

Statistics from accounting data and supplier information for public agencies

Statistics on climate and environmentally friendly procurement

Results and data from the procurement survey

Open data provides detailed insight into announcements made on Doffin, as well as statistics from the electronic collection of documentary evidence.

Provides insight into what expenses public agencies actually incur, within which categories, and which suppliers have large market shares within the public sector.

Better follow-up of the share of green procurement.

Overview of public agencies’ work with procurement.

2024

Responsible: DFØ

Stakeholders/supporters

Public administration

Civil society organisations

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

6.2 Enforce the regulations for universal design of ICT solutions

Title

Enforce the regulations for universal design of ICT solutions as set out in Section 18 of the Equality and Anti-Discrimination Act and the regulations on universal design of information and communication technology solutions (ICT regulations).

Summaryofthecommitment

The regulations require that websites, apps and self-service machines that the public and private sectors, including voluntary organisations, use in contact with the general public must be universally designed. The purpose is to promote equal participation in society, reduce and prevent new digital barriers and prevent discrimination. The regulations must be enforced and followed up through supervision, control, guidance and area monitoring.

The regulations have been extended for the public sector with effect from 1 February 2023, so that from this date, more and stricter requirements are set for universal design of ICT in the public sector, compared to the private sector.

Summaryofthecommitment

Through the Authority for Universal Design of ICT (Uu-tilsynet), the Norwegian Digitalisation Agency (Digdir) is the supervisory and control body, while the Ministry of Local Government and Regional Development is the appeals body and higher authority.

Stakeholders

Authorities

Civilsociety

Others (parliament, private sector, etc.)

Digdir represented by the Authority for Universal Design of ICT as control and supervisory body.

The Ministry of Culture and Equality (KUD) is responsible for the Equality and Anti-Discrimination Act.

The Ministry of Digitisation and Public Governance (DFD) is responsible for the ICT regulations.

All associations and organisations that use websites, apps or vending machines in contact with the public are required to comply with the requirements of the ICT regulations.

User organisations for persons with various types of disabilities and organisations for the elderly are stakeholders to a great extent. This submission has been reviewed by the Norwegian Association of the Blind, Norwegian Association of the Hearing Impaired, Dyslexia Norway and the Norwegian Federation of Organisations of Disabled People

Other stakeholders are trade organisations such as market participants and supplier networks through the development and offering of ICT solutions that are universally designed

The Storting is involved as legislator.

The regulations apply to all entities in the private, central government and municipal sectors, including bodies governed by public law that use websites, apps or vending machines in contact with the public, which are required to comply with the requirements of the ICT regulations.

Time period (to – from)

The ICT regulations were introduced in 2013 and apply to entities in the private and public sector, including voluntary associations and organisations. The education sector and the labour market were excluded.

In 2018, the ICT regulations were expanded to include digital solutions in the education sector.

In 2021, the Storting adopted a further expansion of the regulations for the public sector by incorporating EU Directive 2016/2102 on the accessibility of websites and mobile applications into the ICT regulations with effect from 1 February 2023.

Descriptionofthe problem

1. What problems will the commitment solve?

The purpose is to ensure equal participation in society and prevent digital exclusion and discrimination. Digitalisation of society makes everyday life easier for many people. Social media, news, timetables, shopping, banking and public services can be accessed via PCs and mobile phones. While nine out of ten people go online several times a day many people experience digital exclusion. Disabilities, advanced age, skills and language challenges mean that many people are unable to participate in society on equal terms. Between 630,000 and 800,000 people over the age of 15 have a disability, and more than 600,000 feel that their digital skills are inadequate. Digital exclusion has major consequences for society and the individual.

Universal design of ICT should reduce exclusion and discrimination. The regulations shall in particular safeguard persons who are/have

Visually impaired or blind

Hearing impaired or deaf

Mobility impairment or other motor disabilities

Cognitive disabilities

A primary language other than Norwegian

Deficiencies in the codebase of digital solutions can exclude those who use functionality for reading content, such as the blind, those with severely impaired vision, dyslexia or cognitive challenges. Poor contrast and insufficient possibilities for enlarging content make it difficult to use digital services for those with impaired vision. Without subtitles on videos and audio files, the content is inaccessible to those who are deaf or hard of hearing. Headings and links should be descriptive and help users find relevant content. This benefits everyone. If a website cannot be operated with a keyboard, those with motor disabilities, whether permanent or temporary, are excluded. Without good prompts on what to enter in the various form fields and sufficient time to complete and submit, those with visual impairments, cognitive disabilities, advanced age and little experience with digital services may miss out on necessary information, services they are entitled to and obligations they must fulfil. This is an example of the consequences of a lack of universal design. This will benefit those who need it most, but will also improve the quality of use for everyone.

2. What is the cause of the problem?

Digital exclusion has multiple causes. The benefits of digitalisation are often linked to the reduction of staffed services. Research from a user perspective shows that disabilities, health challenges, age, language barriers, a difficult financial or life situation and insufficient connection to the labour market make people vulnerable to exclusion in digital social arenas. These are also factors that mean that many people lack the necessary digital skills and knowledge of rights, obligations and organisation (often referred to as administrative or bureaucratic skills). Circumstances on the provider side are also of great importance. A lack of universal design, too little user involvement in the development of digital services, difficult and inaccessible language in digital solutions, a lack of user guidance and few resources for staffed provision of services mean that the demands placed on individual users for digital self-service are too great. The gap between society’s requirements and many users’ individual preferences is therefore too great. This creates digital exclusion – the bigger the gap, the more exclusion.

Descriptionofthecommitment

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

Norway was one of the first countries to demand universal design for ICT solutions in the private and public sectors. The EU followed suit in 2018 with similar regulations, but limited to the public sector. Since 2014, the regulations in Norway have been enforced through supervision of compliance in the private and public sectors, orders and other sanctions for violations of the regulations, guidance to entities that must comply with the regulations, communication activities and dialogue with industry and user organisations, area monitoring in the form of analysis and surveys to increase knowledge of the status of compliance and the consequences of digital exclusion in the absence of universal design.

2. What solution is proposed?

The initiatives/solutions presented here are in line with Digdir/the Authority for Universal Design of ICT’s plans:

Enforce expanded regulations for the use of ICT in line with the imposed guidelines for increased control volume. In 2023, sector supervision was carried out in the education sector, with at least 10 controls. Subject to available resources, from 2024, approximately 280 simplified controls and 30-35 in-depth controls of digital solutions in the public sector will be carried out. In addition, supervision and controls will also be carried out in the private sector after 2023.

Continue the work to digitise methods for control and supervision to effectively scale up the control activities.

Roll out the solution for accessibility declarations to help ensure that all public sector activities have declarations of compliance with the regulations.

Continue the work on guidance, communication, information work and contact with industry and user organisations.

Analyse data and disseminate knowledge about the status of universal design of ICT, digital participation and digital exclusion.

Contribute to updated and relevant regulations.

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

The purpose is to promote equal participation in society, reduce and prevent new digital barriers and prevent discrimination.

The result of enforcing and following up the regulations through control and supervision, guidance and communication, analyses and surveys is

that citizens, regardless of disability, will be able to participate in digital social arenas on equal terms.

increased awareness and knowledge about universal design of ICT and contribute to ensuring that universal design is a continuous endeavour that is included from the start of all development projects and is maintained in further development and administration.

increased knowledge and awareness of the extent and consequences of lack of universal design and digital exclusion.

Analysis ofthecommitment

Question

Answer

1. How will the commitment promote openness?

The commitment promotes openness by making information and services more accessible through universal design of ICT, thereby promoting equal participation.

2. How will the commitment contribute to greater predictability?

The ICT regulations require the entities to ensure that digital solutions are universally designed.

From 1 February 2023, public sector activities and bodies governed by public law must also have accessibility declarations for all websites and apps. The declarations show the degree of compliance with each individual requirement in the regulations for universal design of ICT, and have functionality for users of digital solutions to report accessibility challenges.

Through the Authority for Universal Design of ICT, Digdir shall annually control the extent to which the entities comply with the regulations, and the results of the controls shall be reported to ESA/EU and made publicly available.

3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

The incorporation of EU Directive 2016/2102 into Norwegian law means that the total number of compliance checks must be greatly increased.

Norway is required to carry out annual in-depth controls of 30-35 websites and apps against all requirements in the regulations and up to 280 simplified controls of websites to identify violations of the regulations.

This will contribute to more universally designed solutions and open information about which solutions are most/least compliant with the regulations. Accessibility declarations and follow-up of feedback from users about accessibility challenges in the public sector’s digital solutions will also help to make the entities more accountable to users.

6.3 Simplified privacy statements on public websites (DFD)

Title

Simplified privacy statements on public websites

Summaryofthecommitment

Contribute to public agencies formulating and publishing simplified and more understandable statements on the processing of personal data.

Responsible for thecommitment

Ministry of Digitisation and Public Governance

Stakeholders

Authorities

Civilsociety

Others (parliament, private sector, etc.)

Anyone who handles personal data

All entities and organisations that process personal data

Time period (to – from)

Descriptionofthe problem

1. What problems will the commitment solve?

It is a challenge that many privacy statements in both the public and private sectors are difficult to access. They are both legally and technically complex, and often linguistically complicated. This makes it difficult for data subjects to understand what personal data is processed and how it is processed. The aim of the commitment is to make such declarations more user-friendly.

2. What is the cause of the problem?

There is reason to believe that the concern about not providing sufficient information to fulfil the information obligations in the GDPR is the reason why many privacy statements are very complex.

Descriptionofthecommitment

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

We are not aware of any specific efforts on the part of the authorities to contribute to simplified privacy statements. However, some work has taken place under private auspices, such as the development of icons to replace written text, but we are not aware of anyone having utilised such solutions in Norway.

2. What kind of solution is proposed?

DFD, in possible cooperation with the Norwegian Data Protection Authority, DFØ and Digdir, has taken the initiative to prepare templates for privacy information/privacy statements. This will be a component of the work on the Central Government Communication Policy. The template can be utilised by the public sector as a basis for its information on the processing of personal data.

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

Simplified and more understandable information about the processing of personal data for citizens. This will be in accordance with the information obligation in GDPR Art. 12(1).

Analysis ofthecommitment

Question

Answer

1. How will the commitment promote openness?

More accessible and understandable information promotes openness in the public administration and helps to build trust between citizens and the public administration.

2. How will the commitment contribute to greater predictability?

Understandable information shows users how public agencies take responsibility and comply with the obligations of the data protection regulations, i.e. that they handle personal data in a lawful, fair and transparent manner, as required by the regulations.

3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

Plan for commitment

Milestones

Expectedoutcome

Expectedcompletion date

Stakeholders

Template for simplified and more understandable privacy statements/information about the processing of personal data on public websites.

Responsible:

Stakeholders/supporters

Public administration

Civil society organisations

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

DFØ

Norwegian Data Protection Authority

Responsible:

Stakeholders/supporters

Public administration

Civil society organisations

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

6.4 Digital inclusion (DFD)

Title

Digital inclusion

Summaryofthecommitment

Contribute to the populations’ digital participation throughout life

Responsible for thecommitment

Ministry of Digitisation and Public Governance (DFD)

Stakeholders

Authorities

Civilsociety

Others (parliament, private sector, etc.)

All ministries with subordinate agencies

Municipalities and county authorities

Seniornett Norway

Finance Norway, ICT Norway, the IT industry and the electronics industry.

Nordic Council of Ministers + the Baltic countries

Time period (to – from)

1.1.2023–31.12.2025

Descriptionofthe problem

1. What problems will the commitment solve?

Help prevent digital exclusion in all age groups

Prevent people from being digitally excluded

2. What is the cause of the problem?

Age, lack of knowledge, disability, lack of skills in dealing with public administration, low trust and language and cultural barriers.

Descriptionofthecommitment

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

Since 1999, the Ministry has provided annual operating support to Seniornett Norway so that they can provide training for older people over the age of 65 who lack basic digital skills.

Since 2012, the Ministry has announced grants for various initiatives related to digital skills in the population. In recent years, the grants have been targeted at municipalities with the aim of contributing to the establishment of local low-threshold assistance programmes. Around 70 municipalities currently report that they have established a Digihjelpen programme offering guidance on basic digital skills.

In 2014, the Ministry organised several initiatives and activities aimed at citizens with low or inadequate digital skills, including in collaboration with Seniornett, the Norwegian Directorate for Higher Education and Skills (HK-dir) and KS.

On behalf of DFD, HK-dir operates and furthers the development of various training resources that can be used free of charge by anyone offering courses and training in basic digital skills. In March 2022, DFD and KS entered into a new cooperation agreement on the establishment of municipal assistance programmes to increase citizens’ digital skills. The agreement lasts until 2025. The Ministry manages a grant programme that aims to contribute to increased digital participation and skills in the population. The grant was increased from NOK 2 to 8 million in 2022.

2. What kind of solution is proposed?

facilitate quality-assured and free assistance programmes for citizens with low or inadequate digital skills

further develop cooperation with the municipalities’ KS organisation to facilitate the development of good local guidance services throughout the country

work to make businesses more responsible for including all citizens in their digital service offerings

facilitate that participation in publicly subsidised low-threshold offerings aimed at those with insufficient or low digital skills should, as a general rule, be free of charge

ensure that the population’s level of digital skills is regularly surveyed

collaborate with public, private and voluntary organisations to implement a campaign to motivate citizens who need digital skills training to sign up for courses.

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

A reduction in the number of citizens over the age of 16 with insufficient or weak basic digital skills from 14 per cent in 2021 to 10 per cent in 2025.

Analysis ofthecommitment

Question

Answer (answer “not applicable” if most appropriate)

1. How will the commitment promote openness?

Through increased understanding of how public administration works. Digital training increases trust and understanding.

2. How will the commitment contribute to greater predictability?

Citizens gain insight into and an understanding of their duties and rights. More people can “scrutinise the public administration”. Increases transparency and openness.

3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

S

Plan for commitment

Milestones

Expectedoutcome

Expectedcompletion date

Stakeholders

31.12.2023

31.12.2025

Action plan with 29 initiatives

Establish a cooperation forum for digital inclusion

Grant programme for increased digital participation and skills

All milestones completed

Responsible:

Stakeholders/supporters

Public administration

Civil society organisations

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

Ministries, subordinate agencies, municipalities

Ref. above + others

6.5 Evaluation of eInnsyn

Title

Evaluation of the eInnsyn publishing service

Summaryofthecommitment

Evaluate the service to find out whether the goals set for the publishing service have been achieved and whether the service is being run and developed in an appropriate manner, including whether the security of the publishing service is adequately safeguarded.

eInnsyn is a publicly available online publishing service for public agencies that are subject to the Freedom of Information Act. All citizens, the press and media organisations can search the records anonymously and free of charge and demand access to documents that have not been published.

When it was decided to establish eInnsyn as a replacement for the Public Electronic Mail Journal (OEP), four main goals were set for the project:

“Improve security in OEP

Good and rational solutions to ensure data protection

Streamline work processes in public administration

Make public documents more easily accessible to the public”

The eInnsyn publishing service should be evaluated based on the goal of the service.

Responsible for thecommitment

The Ministry of Digitalisation and Public Governance (DFD) in cooperation with the Ministry of Justice and Public Security (JD) and the Ministry of Culture and Equality (KUD)

Stakeholders

Authorities

Civilsociety

Others (parliament, private sector, etc.)

All entities that deliver or can deliver content (mail journals and links to full-text documents) to the publishing service.

General public. In addition, press and media organisations such as the Norwegian Press Association, Association of Norwegian Editors and Norwegian Union of Journalists.

Other relevant interest organisations such as:

Norwegian Bar Association

Federation of Norwegian Professional Associations

Amnesty International

Norwegian Directorate of Health

Norwegian Society of Records Managers and Archivists

Publish what you pay Norway

KS

Suppliers of other solutions for publishing public records

Time period

(to – from)

2023–2026

Descriptionofthe problem

1. What problems will the commitment solve?

Evaluate whether the service supports the right of access in the Freedom of Information Act.

Evaluate whether the service supports the desire for more full-text publishing.

Evaluate whether the service’s funding model is sustainable and contributes to administrative efficiency.

Evaluate whether the service has efficiency gains for administrative processes related to the handling of access requests.

Elaboration:

The aim of the Open Government Partnership is to strengthen cooperation between citizens and the public administration because this cooperation is the very foundation of a good society. The OGP is based on the premise that the best way to create a more open, well-functioning and user-friendly administration is open, honest and extensive cooperation between the public sector and civil society.

eInnsyn is a publicly available publishing service for public mail journals, meetings and committees. Central government, as well as some county authority and municipal entities, publish mail journals and meeting and committee data on eInnsyn, where citizens can search for and access documents. Public agencies can include a link to full-text published documents in the journal record or meeting to which the document belongs. By making journals accessible, searchable and orderable in one and the same place, eInnsyn makes it very easy for citizens and the business community to demand access to public documents based on the right of access they have through the Freedom of Information Act. The service is unique in a global context.

Objective of an evaluation:

After several years of operation, the service should be evaluated in terms of whether the service delivers on the goals for the service and whether it is operated in an appropriate and responsible manner.

It should be evaluated whether the service is sufficiently user-friendly so that ordinary citizens without additional knowledge about the use of search parameters can find the information.

The evaluation can be one of several knowledge bases for a new strategy for eInnsyn.

2. What is the cause of the problem?

The use of eInnsyn is authorised in the Freedom of Information Regulations, but this only applies to the central government sector. The municipal sector is only covered by the provision in Section 7.

It can be very costly for the municipal sector to utilise eInnsyn as a publishing solution.

The solution has been exposed to security incidents on several occasions, and this may give rise to assessments of whether the service should be better protected against such incidents.

Descriptionofthecommitment

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

The publishing service has not been evaluated since the start of OEP with regard to how the service delivers in relation to the goals for the service. OEP/eInnsyn has received considerable international attention and positive publicity as the first of its kind, but has never been externally evaluated against its objectives.

2. What kind of solution is proposed?

An external evaluation of eInnsyn is therefore proposed. An external evaluation must, among other things, gather feedback and input from representatives from public administration, civil society and the media.

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

Improvements to the service related to better goal achievement and an appropriate (sustainable) technical and organisational solution for the operation of the service.

A possible adjustment of goals for further development and operation of eInnsyn.

Analysis ofthecommitment

Question

Answer

1. How will the commitment promote openness?

Contribute to the service continuing to be a good, secure and cost-effective tool for providing access to public documents.

Increase confidence that we are managing and further developing the best possible solution. Public authorities have access to a secure and efficient way of ensuring openness.

2. How will the commitment contribute to greater predictability?

Improved access to public documents.

The extent to which the current solution is geared towards the most user-friendly and comprehensive access to information from public agencies will be examined.

3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

An evaluated service will give citizens, the media and the press greater confidence that the service will provide the best possible overview of public documents for which access can be requested. A commitment to evaluating the service can make an important contribution to improving the service.

Plan for commitment

Milestones

Expectedoutcome

Expected

completion date

Stakeholders

Start an evaluation:

2023–2026

Receive a report from the evaluation

2026

Responsible:

Department of National IT Policy and Public Governance

Stakeholders/supporters

Public administration

Digdir

Ministries etc.

Civil society organisations

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

Press

Media

Norwegian Society of Records Managers and Archivists

6.6 Develop a more strategic approach to anti-corruption work

Title

Develop a more strategic approach to anti-corruption work

Summaryofthecommitment

The authorities shall develop a more strategic approach to anti-corruption work. Relevant initiatives will be addressed through the forthcoming white paper on economic crime and will be concretised in the follow-up of this report.

The authorities will launch an anti-corruption website with information about the breadth of anti-corruption work in Norway.

Responsible for thecommitment

Ministry of Justice and Public Security

Stakeholders

Authorities

Civilsociety

Others (parliament, private sector, etc.)

Ministry of Justice and Public Security

Ministry of Digitisation and Public Governance

Ministry of Finance

Ministry of Trade, Industry and Fisheries

Ministry of Labour and Social Inclusion

Ministry of Foreign Affairs

Subordinate agencies such as the Police/Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime (Økokrim)

Municipalities and county authorities

Transparency International (TI)

Private enterprises

Media

Whistle-blowers

Time period (to – from)

2023–2027

Descriptionofthe problem

1. What problems will the commitment solve?

Corruption is a threat to the rule of law, democracy, human rights and social justice, and can also hinder economic development and distort competition. International and national surveys show that the level of corruption in Norway is very low compared with most other countries. An established culture of openness and trust between authorities, business and civil society – together with clear zero tolerance for corruption – are important prerequisites for this low level. Despite the fact that there is little corruption in Norway, we know that corruption also exists here. Each year, judgments are handed down that show that corruption occurs in public administration and in private companies. Many of the criminal cases of corruption that have been prosecuted in Norway are of a very serious nature. Furthermore, surveys, including the 2021 citizen survey, TI’s annual corruption index and the Global Corruption Barometer (2021), show that many citizens believe that corruption and nepotism exist in the central government and municipalities.

Norwegian authorities prioritise active participation in international cooperation against corruption. Active participation in international forums helps us to assess where we stand in our anti-corruption efforts and what holes need to be filled at any time. The evaluations have revealed weaknesses in preventive measures, and Norway has received several recommendations from various international organisations such as the UN, GRECO and OECD. Norway is endeavouring to follow up on the advice we receive from the international organisations.

There is a need for continuous efforts to prevent corruption. Cooperation across sectors and between the public and private sectors is key to achieving effective prevention and combating corruption in Norway and internationally. It is also important to ensure that confidence in the democracy/authorities in Norway remains high in the future.

A high standard of anti-corruption work and information about the breadth of the authorities’ efforts in this area could help to build such trust.

2. What is the cause of the problem?

Authorities are more likely to be guilty of corruption when preventive efforts are inadequate, attitudes and awareness are low and acts of corruption are not sufficiently detected, investigated and prosecuted.

Critical diligence is needed between all actors in Norwegian society to prevent the risk of corruption from increasing.

Descriptionofthecommitment

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

The corruption provisions in the Penal Code were introduced in 2003 (Sections 387-389 of the new Penal Code continue the provisions of the Penal Code of 1902).

Norway is a signatory to several anti-corruption conventions:

OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 21 November 1997

Council of Europe Criminal Law Convention on Corruption of 27 January 1999

United Nations Convention against Corruption of 31 October 2003.

Økokrim prepares annual threat assessments and in 2022 Økokrim published an indicator list of types of corruption. Inadequate follow-up of the threat assessments from Økokrim has been pointed out.

While the business community/private enterprises prepare their own anti-corruption programmes, only a few municipalities have done the same. The scope, quality and effectiveness of anti-corruption programmes have not been systematically surveyed.

An inter-ministerial cooperation forum has been established.

Citizen surveys are regularly conducted.

A national scope survey on economic crime (aimed at agencies and municipalities) was conducted in 2022.

The Government has decided to present a report to the Storting (white paper) on combating economic crime.

There is little binding follow-up in the form of national, local and sectoral plans within the public sector.

2. What kind of solution is proposed?

The forthcoming white paper on economic crime emphasises a comprehensive approach to prevention and the fight against all economic crime, including corruption. Preventing and uncovering corruption takes place in cooperation with many different actors, such as the police, whistle-blowers, media, banks, etc. Cooperation between the public and private sectors is therefore essential to achieve effective prevention and battle corruption. Among other things, the report will focus on the need for knowledge building, such as research and solutions that can ensure more effective prevention, detection and investigation of economic crime.

With regard to corruption in particular, the report could, for example, focus on the following initiatives:

Analysing risk areas and discussing the occurrence of risk factors

Summarising knowledge about the prevalence of the problem in different areas of society

Recommending procedures and main elements in preventive work

Formulating goals and expectations (requirements) for anti-corruption programmes in the public and private sectors (prepare guidelines, etc.)

Evaluating police investigations and criminal law enforcement of corruption in light of the fact that it is 20 years since the provisions came into force

Identifying training needs and proposing training programmes that can help bolster expertise in anti-corruption matters

Identifying potential weaknesses in existing legislation and considering legislative changes

The Ministry of Justice will establish a website with information about the authorities’ anti-corruption efforts. The breadth of the anti-corruption work, where a very large number of ministries and agencies have responsibilities within their sectors, and where there are also many different national and international initiatives and follow-ups, will be visualised through the launch of such a website.

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

Strengthen the ability to prevent, detect and fight corruption.

Contribute to lower corruption in Norway.

Raise awareness in the population, private business and the public sector.

Improve the dialogue between authorities and the population to prevent corruption.

Analysis ofthecommitment

Question

Answer (answer "not applicable" if most appropriate)

1. How will the commitment promote openness?

Open dialogue between authorities and the population on anti-corruption efforts. This can also prevent corruption.

A collective clarification of the authorities’ attitudes to corruption, various measures to prevent and detect corruption, and the consequences of breaking the law, is expected to have a preventive effect on both the public and public authorities.

2. How will the commitment contribute to greater predictability?

The strategy’s goals and measures will lead to greater assurance of equal treatment and legal safeguards by reducing the opportunity to carry out corrupt acts.

3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

The white paper and its follow-up will give citizens a more informed basis for participating in, influencing and following up public efforts in this area. The website will help to make access to information for citizens clearer and more effective, which in turn can provide greater opportunities for participation and monitoring of the authorities’ efforts in this area.

Plan for commitment

Milestones

Expectedoutcome

Expected date ofrealisation

Stakeholders

Report to the Storting (white paper) on financial crime

Follow up the white paper on economic crime

End of 2023

2024-2027

Responsible:

Stakeholders/supporters

Public administration

Civil society organisations

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

Ministry of Justice and Public Security. Other ministries/agencies

Civil society

Private sector

The Storting

Create a website

June 2023

Need for regular updates

Responsible:

Stakeholders/supporters

Public administration

Civil society organisations

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

Ministry of Justice and Public Security

6.7 Better access to criminal case documents to make the rules more consistent with prevailing law

Name and number of the commitment

Openness in the justice sector

Summaryofthecommitment

Follow up work to improve access to criminal case documents to make the rules more consistent with prevailing law established by both the Supreme Court and the ECtHR, cf. Supreme Court rulings HR-2013-641-A, HR-2015-2536-A, HR-2021-526-A and Magyar Helsinki Bizottság v. Hungary (18030/11), 8 November 2016, and follow up the consultation round following the report on public access to documents in criminal cases, Aarli, R. 2021

Responsible for thecommitment

Ministry of Justice and Public Security

Stakeholders

Authorities

Civil society

Others (parliament, private sector, etc.)

Media organisations

Time period (to – from)

Start-up 2023

Completion during the first half of 2025.

Reviewof problem

1. What problems will the commitment solve?

The press finds it difficult to gain access to the police’s criminal case documents and that this makes it difficult for the media to exercise its role as a "public watchdog" in an important area.

2. What is the cause of the problem?

The press is of the opinion that the regulations are outdated.

Reviewofthecommitment

1. What has been done to solve the problem?

A report has been circulated for consultation.

2. What kind of solution is proposed?

Follow up the report.

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

The work on the commitment aims to have initiated an expedient process that will lead to updated regulations on the basis of Aarli’s report, for example by initiating further investigation work. It is natural that relevant stakeholders such as the media, representatives from the prosecution service, the legal profession and the courts are involved in the work of updating the legislation in an appropriate manner.

Analysis ofthecommitment

Question

Answer (answer "not applicable" if most appropriate)

1. How will the commitment promote openness?

Better legal rules will force better practice and can, if properly formulated, help to simplify the access process and provide good guidance to those assessing access.

2. How will the commitment contribute to greater predictability?

Better insight into events and institutions in society can make it easier to join debates and get involved.

3. How will the commitment improve the opportunity for citizens to participate by publicising, implementing and monitoring the solutions?

Plan for commitment

Milestones

Expectedoutcome

Expectedcompletion date

Stakeholders

Responsible:

Stakeholders/supporters

Public administration

Civil society organisations

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

7 Annex: More about the process leading up to the Fifth Action Plan

7.1 Stakeholders’ Forum meeting 23 June 2022

Work on the Fifth Action Plan continued by letter to the Stakeholders’ Forum on 3 June 2022. The letter included an invitation to a meeting on 23 June. The meeting was attended by participants from both public administration and civil society.

Prior to the meeting, participants (from both public administration and civil society) were asked to provide input on possible commitments to the action plan. The letter outlined the seven areas that the Government had prioritised and invited civil society to make further suggestions.

The meeting was chaired by the Ministry of Local Government and Regional Development.

7.2 The consultation round

At the meeting on 23 June, there were discussions about spreading awareness of the OGP by inviting people to a major seminar on the OGP in order to get more input on the action plan, among other things. One of the measures would be a public consultation where everyone can contribute or comment on proposals. The case was posted under "Consultations" on regjeringa.no on 1 July 2022 with a deadline for input on 25 August 2022. By then, submissions had already been received from the Norwegian Children and Youth Council (LNU), Media companies, Publish What You Pay and Tax Justice.[5]

Consultations give everyone the opportunity to make submissions and express their views. Participation is consequently not only limited to organised interests. It also provides an opportunity to gain access into what proposals are being put forward, since all contributions are open. Anyone can participate in the consultations, and all consultation documents and contributions to the consultations are registered and logged and are publicly available.

In total, several submissions were received during the consultation, both from individuals and organisations. In addition, input came from the public administration itself. The contributions were successively posted on regjeringa.no.

7.3 Stakeholders’ Forum meeting on 20 September 2022

In a letter dated 31 August, KDD, together with the OGP Council, invited participants to the second meeting of the Stakeholders’ Forum on 20 September. The meeting took the form of a seminar on openness work in Norway: The questions we wanted to shed light on were:

How can we create a more efficient and user-friendly administration through greater openness in Norway?

What should our joint openness work be about?

What is important to address in the coming years?

The desire was to bring together people across sectors to inspire and chart the way forward in the coming years. This would give all sectors the opportunity to influence national developments and create new partnerships for the work in the years to come. The aim of the seminar was to raise awareness of the OGP/Partnership on Open Government in Norway – and to mutually inspire efforts by:

bringing people together across sectors

developing a more common standpoint/common understanding of the challenges in Norway

giving stakeholders a space to discuss, get to know each other better, develop relationships and possible cooperation and develop a basis for further work on the Fifth Action Plan.

The meeting was organised with introductions from, among others, former Norwegian IRM representative Pål W. Skedsmo. After the introductions, the participants were divided into smaller groups with participation from both public administration and civil society, who discussed the contributions received while being asked to develop these into concrete commitments and to come up with new proposals. This meeting was chaired by State Secretary Gunn Karin Gjul of KDD, and she also participated in one of the groups.

7.4 Meeting with members of the Stakeholders’ Forum on 13 and 16 January 2023

On the basis of the consultation round and the outcome of the meeting in September, KDD sent out an overview of the input received for the action plan, both from public administration and from civil society. In total, this involved a list of around 25 different proposals for commitments. In consultation with the OGP Council, KDD proposed to proceed forward with a smaller number of commitments. KDD asked the relevant ministries and civil society organisations to jointly prepare commitments. The OGP’s standard form for commitments was used as a template.

Two meetings were held on 13 and 16 January with participation from both public administration and civil society.

7.5 Follow-up of the meetings in January 2023 – the process towards finalisation

After the meetings in January, which were chaired by KDD, the public administration and civil society held a follow-up meeting to concretise the individual commitments. The overall action plan proposal was circulated for comment in mid-May 2023.

KDD sent a letter to the Stakeholders’ Forum on 16 November, later updated on 1 December, with a comprehensive overview of commitments received, totalling approx. 25 items. Several of the proposed commitments covered the same areas, so that the actual number of topics that could be included in the action plan was lower. The OGP Council was consulted on the contents of the letter.

Based on the feedback on the submitted contributions, KDD drew up a list of topics that seemed particularly relevant for continued work. The list emphasised areas where there is room for improvement (where Norway did not come out well in comparisons, where we are not satisfied with our status and where there is room for "stretch") and as a follow-up to the IRM comments. These were: anti-corruption, archives/journalling, public procurement, plain language, digital inclusion and combating digital exclusion. In some of the areas the Government had prioritised, no input was received, neither from the public administration nor from civil society. This applied, for example, to chemistry and the environment.

7.6 Comments after the consultation process in June 2023

From civil society, the action plan has been commented on by the Norwegian Communication Association, Norwegian Society of Records Managers and Archivists and Transparency International, Norway.

The Norwegian Communication Association wishes to ask questions about how the enforcement of the regulations for universal design of ICT solutions will be followed up. The Association also emphasises the work on anti-corruption and the efforts to establish an open lobby register in Norway.

The Norwegian Society of Records Managers and Archivists has some suggestions for additions under initiative 5.5 ("Evaluation of the publishing service eInnsyn").

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

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

Authorities

Civilsociety

Others (parliament, private sector, etc.)

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.

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.

Fotnoter

1)
IRM: Independent Reporting Mechanism

2)
A council appointed by the government to assist in the work with openness in administration.

3)
Levels of public trust in Norway are among the highest in OECD countries. In 2021, 77% of the population reported trusting the government, compared to an OECD average of 47%. Law and order institutions, such as courts and the police, are trusted by 82% of people. The parliament is trusted by 69% of the population, while 65% trust the civil service and 58%, the local government. On the low end of the spectrum, only 40% of Norwegians reported trusting the media, with no distinction among different types of providers. (OECD report: «Drivers of Trust in Public Institutions in Norway» p. 9.)

4)
Frivillige organisasjoners påvirkning av offentlig politikk og samfunn (2017 bachelor’s thesis on voluntary organisations’ influence on public policy and society – in Norwegian only)

5)
See case 22/4554