Information and consent
Do I have to give information to the sample?
As a main rule, you are obligated to inform the person(s) whose personal data you you are going to collect. This is a fundamental right that is entrenched in Norwegian law. The obligation to inform applies irrespective of the requirement to gain consent.
Generally the information is to be given individually (for instance via letter/e-mail). If it is not possible to give information individually, it is possible to give collective information (for instance in a newspaper/membership magazine, notice in institution, webpage, notice in the area where observation will be done).
Do I have to gain consent from the sample?
The main rule is that you have to gain consent. For the consent to be valid, it has to be voluntary, explicit and informed. This means that the person who is asked to participate has to understand what participation involves, what they are consenting to, and which consequences consenting to participate in the research will have.
How do I give information and gain consent?
The law does not set requirements as to whether information and consent are to be given in writing (including electronically) or orally. However, you must be able to demonstrate/document that you have given information and gained consent from project participants i.e. from the people whose personal data you will be processing (data subjects).
As a rule, we recommend written information and written consent. It is common to write a letter of information where you provide information about the project and invite people to participate. If the context dictates that you must give oral information and gain oral consent (e.g. for research in oral culutres or with people who are illiterate), we recommend that you make a sound recording of the information and consent.
See what you have to inform about. We strongly recommend that you use our template.
Are there exemptions to the obligation to give information?
As a rule, it will only be possible to make exemptions from the obligation to give information if you collect personal data from a source other than the sample themselves (for instance, in studies using registries, observation studies, internet research, or when collecting data about third persons (persons who are not participating in the research).
The following points may be relevant when considering exemption from giving information:
- the size of the sample (several thousand persons)
- access to directly identifying personal data
- the scope and character of the data material (number of variables/degree of sensitive information)
- ethical considerations
As a main rule it must be considered impossible or disproportionally difficult to give information in order to be exempted, and thus exemptions are rarely made.
If you want an exemption from the obligation to give information and/or from gaining consent, you have to give good reasons for this in the Notification form.
Are there exemptions to the obligation to gain consent?
Cases where it might be possible to make an exemption from gaining consent can be:
Common to these cases is that personal data is collected from other sources than the persons themselves, and you are therefore not in contact with the persons. Even if an exemption from gaining consent can be given, you must still consider giving information.
If you want an exemption from gaining consent and/or the obligation to give information, you have to give good reasons for this in the Notification form.