John Christian Elden tells news that he will deliver a notice against Sogndal municipality on behalf of mayor Stig Ove Ølmheim (Ap). The claim is that the client has been “opposed from management in the municipal administration”. – I will, of course, assess whether he has been subjected to criminal law violations, but I think primarily that it is a question of employment law measures within the right to notify, Elden clarifies. Deputy mayor in Sogndal, Gunnhild Olstad Bøyum (H), tells news that she is “very, very surprised” by the latest turn of events in the case. – This case will not be solved by lawyers, she says. – That is not the way we create peace. John Christian Elden will deliver a notice against Sogndal municipality on behalf of his client. Photo: Annika Byrde – They only talked about me in the whole recording Sogn Avis wrote on Saturday about the spicy political situation in Sogndal, which has become even more acute in recent days. So sharp that the parish priest has opened the doors to offer pastoral care to those who have the most to pray for. Under the heading “Behind the door, the mayor heard that it was him they were talking about. Then he turned on the recording,” said the mayor about the audio recording he had made. He clarified that he did not switch on the recorder until he realized that he himself was the subject of the conversation. “The residents of Sogndal deserve to know this. They only talked about me throughout the recording,” he told Sogn Avis. Three days later, Høgre responded by withdrawing from all cooperation with the Labor Party. With reference to section 205 of the Criminal Code, they pointed out that the mayor had crossed a legal line when he “perpetuated” a conversation in which he himself did not participate. news has been in contact with several lawyers who assess it in the same way. Unknown Katrine Rong Holter, lawyer In principle, it is a criminal offense to record conversations in which you do not participate. But normally it will not be a criminal offense to eavesdrop at the door without the recorder going. It can nevertheless be argued that a recording of a conversation in which one does not participate, which helps to reveal power relations between those in power and politicians, is not unlawful and is therefore not punishable. NTB scanpix Hans Petter Graver, law professor The law prohibits the recording of conversations in which you yourself did not participate. There is no exception for conversations that are about oneself. Thus, the mayor’s admission is affected by the Criminal Code. The mayor’s practice of recording conversations in which he himself participates without informing the other party is not punishable. The Supreme Court has nevertheless stated that such practice may be inappropriate. news Maren H. Wessel-Aas, Datatilsynet According to the privacy regulations, one must, among other things, have a legal basis for making audio recordings, in addition to informing those who are being recorded that audio recordings are being made. The topic of the conversation may play a role in the assessment of whether one has a legal basis for making a recording, but will not exempt from the obligation to inform that a recording is being made. news Morten W. Tvedt, professor of jurisprudence If you are not part of a conversation yourself, you do not have the right to secretly record a conversation. After the preparatory work, “listening at the doors” in itself is not punishable. It is the recording that makes it punishable. It does not change the situation that the mayor himself is the subject of the conversation. Having said that: It is probably not usual for this type of rule violation to be investigated and given priority. Johanna Hauge / news Tarjei Bekkedal, professor at the Faculty of Law, UiO The relationship is not punishable. There is a difference between listening and eavesdropping. And you have to take the whole situation into account. The recording is part of a political dispute. It does not belong in the judiciary and will not be resolved by the police and courts. In working life, such audio recordings will be disloyal and may lead to dismissal. The rules of the game are different for politicians. Jane Rasmussen Erling Johannes Husabø, lawyer When the people conversing in a room have not given their consent to be recorded and the person making the recording does not take part in the conversation himself – nor is he passively present in the group conversing – there is something to think about Section 205 of the Criminal Code. news Frode Kyrkjebø, daily leader of KS VestlandKS is familiar with the case in Sogndal that news refers to. KS is a member organisation, where all municipalities and county councils are members. We are often contacted by members who ask for advice or want support in various matters. In this specific case, KS has contributed with guidance and advice. Norwegian councilors’ forum Gudrun Haabeth Grindaker, leader of the Norwegian council directors’ forum A case like this can cause unrest in the organisation. Our advice in possible conflict cases is to sit down, preferably together with external advisers, and discuss the way forward – and how the interaction should be. Mutual respect and constructive interaction are absolutely central to safeguarding and being able to provide good services to the citizens and for progress in major political matters. – Understands that he wanted to secure evidence John Christian Elden denies that Ølmheim has done anything illegal: – When he legally overhears such a discussion, I understand that he also wanted to secure evidence for what he heard. It is hardly illegal. The recording that the furniture dealer Arvid Engen made of central Ap people in the 70s and 80s is the historical starting point for the fact that the penalty box does not cover conversations in which you yourself participate. The rationale is that in these cases information emerged about power relations that was of general interest. John Christian Elden will send a notice on behalf of the Sogndal mayor. Photo: Wikimedia commons – Sending a formal notice is unlikely to help lower the level of conflict, says Roald Hopsnes at the Faculty of Law at UiB. – It is preferable that things become sharper and harder. In the guidelines for notification in Sogndal municipality, there is nothing about the public authority being able to notify, and the mayor is not an employee under the Working Environment Act. – I am therefore a little unsure of which regulations Elden wants to notify in accordance with. It seems a bit funny, says Hopsnes. news has so far not succeeded in getting hold of municipal director Tor-Einar Holvik Skinlo. Deputy mayor in Sogndal, Gunnhild Olstad Bøyum (H), tells news that she is “very, very surprised” by the latest turn of events in the case. Photo: Oda Flaten Lødemel / news – All we can do is contribute with support and advice Daily leader of KS Vestland, Frode Kyrkjebø, tells news that the organization has contributed guidance and advice to the municipality. – Sogndal has also participated in our local government programme. – The program will help to motivate and secure the elected officials and the administration in the municipality, and further develop the interaction, he says. He clarifies that the municipalities are independent administrative bodies. – All we can do is contribute with support and give advice. We often do that. But in practice, challenges can arise, as in all other places in working life. The next municipal council meeting in Sogndal is tomorrow, Thursday. Group leader for KrF, Frode Bøthun, has nothing to report before that. – I don’t see any point in commenting if I can’t help create peace, he says. – And I don’t have that power. Published 11.12.2024, at 18.52
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