NORWAY Law and Practice Contributed by: Thomas Talén, Øyvind Clausen Bade, Marte Dahl and Marianne Viset, Ro Sommernes Advokatfirma AS
rate record of the proceedings and helps ensure prop - er documentation of the investigation process. Interviewees must be informed in advance if the inter - view will be recorded. This notification should be pro - vided in writing when scheduling the interview, allow - ing the interviewee to prepare accordingly and seek legal advice if desired. Where interviews are recorded, investigators typically produce written minutes or summaries rather than full verbatim transcripts. These documents capture the essential content of the interview while maintaining readability and focus on relevant information. Recordings and any transcripts produced are consid - ered internal investigation documents and are subject to strict confidentiality requirements. They are typi - cally not shared with the employer but remain with the investigators. However, information from the record - ings may be referenced or quoted in the final inves - tigation report. The recordings serve primarily as a tool for investigators to ensure accuracy in their docu - mentation and may be retained for the duration of the investigation and any subsequent proceedings, sub - ject to data protection requirements. The recordings should be deleted after the minutes are approved. Interviewees have the right to review and comment on the written minutes or summaries prepared from their recorded interviews (see 3.9 Minutes ). Any cor - rections or clarifications requested by the interviewee should be incorporated into the final documentation. 3.11 Other Fact-Finding In addition to interviews, Norwegian HR internal investigations may employ various other fact-finding methods, subject to legal limitations and practical constraints. Permissible fact-finding methods include: • document review and analysis of relevant business records, emails and communications; • review of electronic data, subject to privacy laws and email inspection regulations; • analysis of CCTV footage or other security record - ings where available and legally accessible;
• review of personnel files, performance records and disciplinary history; • examination of relevant policies, procedures and training records; • site inspections or workplace observations where relevant; and • review of financial records or expense reports in cases involving potential misconduct. However, private investigators face significant limita - tions compared to law enforcement: • no power to compel document production from third parties; • no search and seizure authority; • limited access to personal communications without consent; • no authority to conduct searches of personal prop - erty; and • restrictions on accessing private financial informa - tion. Special considerations apply to electronic data col - lection (see 7. Data Protection ). When third-party information is needed, investigators must rely on voluntary co-operation or formal legal processes such as evidence preservation procedures under the Dispute Act, though these are rarely used in HR investigations. 4. Protection of the Parties During an HR Internal Investigation 4.1 Protection of the Reporter Under Norwegian law, the employer has an express duty to act and exercise care towards the Report - er. The employer must particularly ensure that the Reporter has a fully satisfactory working environment and must, if necessary, implement measures to pre - vent retaliation against the Reporter, both during and after an investigation. The duty of care may extend to protection of mental health, integrity, dignity, and the climate for freedom of expression. For example, the employer may need to act to ensure that the Reporter is not ostracised in the workplace community, and as
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