If we are to calculate the amount of compensation payable, we need other types of information as well, e.g. about your financial affairs and work situation. NPE complies with Norwegian privacy legislation and confidentiality rules, and attaches great importance to the protection of privacy and the patient's integrity.
The Norwegian Personal Data Act covers all information and assessments that may be linked to a particular individual when collected, recorded or stored.
The Norwegian Act of 15 June 2001 no. 53 on the Payment of Compensation for Patient Injuries etc. (the Patient Injury Act) forms the legal basis for considering compensation claims. Personal data are obtained and recorded in order to investigate the case and determine whether the applicant is entitled to compensation for a patient injury suffered.
NPE is subject to the Norwegian Personal Data Act and its provisions for consent, personal data disclosure and document inspection rights.
NPE must obtain your consent to be able to consider your case, record your personal data and obtain sufficient relevant information. NPE will obtain the information only when consent has been granted. Our injury report form includes all relevant information for providing your consent. Giving your consent for personal data to be obtained is a voluntary matter, but without your consent, we are unable to obtain the information required to consider the case. See s. 2(7) and ss. 8 and 9 of the Norwegian Personal Data Act.
NPE's Director is responsible for the processing of submitted compensation claims. Individual patients will relate to a claims officer who is responsible for investigating and determining the outcome of the case. In most cases, a medical expert will also consider the case based on all available information.
The information obtained must be sufficient, relevant and reasoned. NPE is anxious to ensure that they base their decisions on information of the highest possible standard. This means, among other things, that the case is considered on the merits of relevant information only. See s. 11 of the Norwegian Personal Data Act.
The right of inspection
Patients are entitled to inspect documents relating to their own case. Throughout the case period, the patient will receive copies of all relevant information and assessments made in the case. If you have submitted a case to NPE, you are entitled to know what information and data we have and how we safeguard that information. See ss. 18, 19 and 20 of the Norwegian Personal Data Act.
Patients may contact NPE if they feel that certain information is erroneous, and therefore should be rectified, of if they have obtained new and additional information, see s. 27 of the Norwegian Personal Data Act.
The Norwegian Archives Act
NPE is subject to the provisions of the Norwegian Archives Act with respect to the storing of data. In general, this means that data will be stored for a period of 20 years and perhaps more before the information is either transferred to the National Archives of Norway or destroyed. Any deletion of data is subject to s. 28 of the Norwegian Personal Data Act. If you have any queries relating to the deletion of personal data, please contact NPE's claims officer.
The Personal Data Act's provisions for integrity, accessibility and confidentiality apply for all personal data obtained in the cases we deal with, see ss. 13 and 14 of the Personal Data Act.