– It is completely unreal and I am so happy and incredibly relieved, says Janne Cecilie Thorenfeldt to news. Thorenfeldt has just learned that the European Court of Human Rights in Strasbourg (EMD) has taken up her case against Nav for legal consideration. The case is about whether the state of Norway, through Nav, may have violated the human rights of Janne Cecilie Thorenfeldt. Thorenfeldt believes that human rights have been violated by the fact that Nav has given far too many employees access to her personal sensitive information. Privacy is a human right, she points out. news has previously told how Janne Cecilie Thorenfeldt has fought against her own employer, Nav, and the right to privacy. Thorenfeldt lost a compensation case against Nav in two court rounds in the winter and spring of 2023. After a car accident, she was put on long-term sick leave, and then discovers that many colleagues knew a lot about her health and personal information. The only way colleagues could have gained access to the information was that they had read her personal Nav folders, without having a factual reason for this, she believes. It appears from the court documents that 130 Nav employees had been in Thorenfeldt’s personal folder, and that there had been a total of 1,400 notices on her. She herself believes that only 4-5 colleagues have had an official need to access her personal papers. Thorenfeldt is still employed by Nav and she is also a shop steward. ECtHR judges states The European Court of Human Rights (ECtHR) is an international court that judges in cases where states are sued for violations of the European Convention on Human Rights (ECHR). It is primarily individuals, companies or other private parties that complain to states before the ECtHR. The decisions of the court are binding on the states. The Court has its seat in Strasbourg and was established in 1959. The Court of Human Rights is part of the Council of Europe. Applies to everyone’s privacy. In September 2023, law professor Mads Andenæs submitted the complaint to the European Court of Human Rights in Strasbourg on behalf of Thorenfeldt. In the months that followed, they waited anxiously for the answer. Mads Andenæs works for Thorenfeldt together with top European lawyer Carl Baudenbacher, former president of the EFTA Court. Now they have received an answer that the court will assess the case legally. – This is a very important and principled issue, says Andenæs. Nav IN THE COURT: The European Court of Human Rights will assess whether Nav – here by its boss Hans Kristian Holte – has violated human rights when it comes to privacy. Photo: NTB The law professor says that the Human Rights Court will decide whether the Norwegian judiciary could set aside the EU regulation on personal protection, GDPR in the trials with Thorenfeldt. – The EU’s regulation on GDPR requires compensation, and that follows directly from the wording of the regulation, which the Court of Appeal wrongly set aside, says Andenæs. The case does not only apply to Thorenfeldt, they emphasize. – This applies not only to me and my privacy, but also to the privacy of all Norwegians. There are far too many people in Nav who have access to personally sensitive information for most Norwegians, says Thorenfeldt. The Norwegian Data Protection Authority fined Nav in December 2023 NOK 20 million for a number of breaches of the law in the field of privacy. The inspectorate also believed that the access management and log control were too poor. Nav has not accepted the fine and has appealed the decision. The case is now with the Personal Complaints Board. THE COURT. It is here in the European Court of Human Rights in Strasbourg that the case against Nav will be dealt with legally. Photo: NTB Belastning It is the Government Attorney who leads the case for Nav and the state of Norway in the process at the court. Nav’s legal director Trond Eirik Schea comments on the development of the case as follows: – Together with the Government Attorney, we will use the time ahead to familiarize ourselves thoroughly with the complaint and the questions the court asks. It will therefore take some time before we can say anything more about this matter, writes Schea in an email. Thorenfeldt looks forward to getting a clarification. – The matter is and has been a great burden for me. Lots of Nav employees have been inside my personal folder, and read very private things about me. Nav sits on large amounts of personally sensitive information about Norwegians, while the access management and systems are deficient. I want to put the spotlight on that with my case, says Thorenfeldt. Hi, do you have thoughts or knowledge about this or similar matters? Feel free to send me an email. Interested in all tips, also if you want to remain anonymous. I work a lot with working life, privacy and IT security and also with the fish farming industry. Published 24.09.2024, at 10.16 Updated 24.09.2024, at 10.20
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The Human Rights Court is handling the case against Nav – news Norway – Overview of news from different parts of the country
