Baudenbacher Kvernberg has been mandated to bring an application to the European Court of Human Rights in a case concerning fundamental questions of data privacy law.
Janne Cecilie Thorenfeldt’s data privacy rights were violated by the Norwegian Labour and Welfare Administration NAV because her private health data was made available to a large number of persons without her consent or knowledge. The case is of fundamental importance because NAV has data on virtually every person residing and working in Norway. The Oslo City Court and the Borgarting Court of Appeal have found a systemic failure and a violation of the law but have denied Ms. Thorenfeldt damages. The Supreme Court of Norway refused leave for appeal. We believe that NAV’s conduct violates the European Convention on Human Rights and the EEA Agreement and that Ms. Thorenfeldt is entitled to compensation for her non-material damage.