Access to confidential material

In addition to written information, confidential material can include video and sound recordings. This is information about patients/clients that health personnel and government administration employees can`t disclose because of their confidentiality. 

The duty of confidentiality can also be an obstacle in observation studies, e.g. in a hospital ward or a child welfare institution, if, through the observation, you gain access to information that is subject to a duty of confidentiality.

• The confidential material has to be be stored and necessary for the implementation of the project.
• You must have legitimate reasons for not being able to obtain valid consent to waive confidentiality.

The relevant sector ministries can grant dispensations. However, this authority can be delegated.

The following bodies can grant dispensations:

The Regional Committees for Medical and Health Research Ethics (REC) can grant dispensations for the use of health information. Application forms and guidelines are available on REC's website.

From 15 March 2023, the application procedures for access to health information were changed. The Directorate for e-health at the Health Data Service is given the authority to make decisions about making health information available and dispensation from the duty of confidentiality. See document on who grants exemption from confidentiality from what (only in Norwegian).

See Guide from Normen, Privacy and information security in research and quality projects (ehelse.no)(only in Norwegian).

For information from patient records and other treatment-oriented health registers, you can apply for exemption from the duty of confidentiality pursuant to section 29 of the Health Personnel Act.

For information from health registers, you can apply for a dispensation from the duty of confidentiality pursuant to Section 19e of the Health Register Act).

If you are granted a dispensation, this decision will constitute both an exception to the duty of confidentiality for the business that must provide information to the project, and the legal basis for the processing of personal data in the project. Please note that the dispensation may contain conditions that you must follow.

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• The Norwegian Labour and Welfare Administration (NAV) can grant dispensations to use social security information.
• The Ministry of Children and Equality can grant dispensations for information and other material from the child welfare service.
• The regional branches of the Norwegian Correctional Service can grant dispensations for information and other material from the Norwegian Correctional Service.

For access to data from Statistics Norway (SSB), go to its website Data for research.