When do you need to apply for a dispensation from the duty of confidentiality?
Information that contains details about a person’s private matters is normally confidential and cannot be shared with unauthorized parties. This follows from the Public Administration Act (forvaltningsloven), Section 13, first paragraph, number 1. The Norwegian Directorate for Education and Training (Udir) may grant a dispensation to release such confidential information when it is needed for research, according to Section 13d.
This applies to information collected under the following laws:
- the Education Act
- the Private Schools Act
- the Kindergarten Act
- the Folk High School Act
It also applies to information collected by Udir through consent or under Sections 8 and 9 of the Personal Data Act.
If Statistics Norway (SSB) holds the data you need, you must apply directly to them.
Here you can find an overview of which education-related data SSB holds.
Who can apply to have confidential information released for use in research?
You can apply for access if you are conducting a scientific research project. The data must be used only for research, and the project must follow established research ethics guidelines. These guidelines include:
- ensuring good scientific practice,
- protecting individuals and groups involved in or affected by the research, and
- ensuring responsible use of the research results.
You (or your institution) must have an adequate research background. You may apply if you have documented research competence, or if you are a student (usually at a master’s level or higher) supervised by someone with such documented research competence.
Checklist: Do you need to apply for a dispensation?
- Do you truly need individual-level data, or could aggregated (statistical) information give the same results? If so, many statistics are available in Udir’s database (Norwegian only) and SSB’s database.
- Are you sure the information you need is confidential?
- Does SSB already have the data? If yes, apply directly to them.
How does the application process work?
To apply for a dispensation, fill out the electronic application form. Before you start, gather the necessary documents, such as:
- a project description
- an assessment from your data protection officer
- a list of the variables you would like, with justification
- a list of all project participants who will access the data
- the project leader’s CV
Once your application is received, you will usually be informed within a month if additional information is needed. The processing time depends on the complexity of your application. If everything is in order, you can normally expect a final decision within two months.