Know your rights – blocked address and new identity

BLOCKED ADDRESS

What is a blocked address?

According to the Norwegian National Register’s regulation, following a written application, the National Register is prohibited from releasing the relevant person’s address to private individuals and institutions. This is often described as a person living at a blocked address.

The address block is linked to an address and not to a person. This means that the block will not provide effective protection in relation to persons who already know the address. It also means that a reapplication must be made in the event of a move to a new address. In the event of a move to a new address, a blocked address may be granted also before the move takes place.

What is required to obtain a blocked address?

To obtain a blocked address, there must be a documented risk of damage to life, body and health. Examples of acceptable documentation are information from the police and court judgements. The National Register’s guidelines state that undocumented allegations regarding threats will not be accepted. I also assume that SMS text messages containing threats of violence will be sufficient provided they are documented with printouts and may be considered a real threat. The documentation must be attached to the written application.

How long does the block last?

A blocked address is not granted beyond one year. This means that a reapplication must be made before the block expires. If a reapplication is not made for a blocked address, the block will be lifted by the registrar (the National Register).

How is the application processed - complaints

Being granted a blocked address occurs via so-called ”resolutions” in accordance with the Public Administration Act (Norway). This means that the applicant is entitled to reasons for the resolution, both in the event of it being granted and rejected. In the event of a rejection of the application, the resolution can be appealed to the Central Office for national registration.

What is the difference between the level ”confidential and ”strictly confidential”?

Once an application has been granted, the level of protection is determined. The level will either be ”confidential”, code 7, or ”strictly confidential”, code 6.

The level ”confidential” means that the address will remain in the National Register’s database, however marked with ”confidential”. Confidential entails that public offices that have access to the National Register, such as the tax office, social security office, social services etc can still find addresses by looking them up in the register. The fact that many offices have access to the register increases the chance of the address reaching unauthorised persons by mistake.

”Strictly confidential” is granted by the Central Office for national registration. The threshold for acquiring this code is high. Under current guidelines, this code will be relevant if the case concerns death threats or actual bodily harm. Rape will naturally also be included under this alternative.

If granted the level ”strictly confidential”, the address will not be contained in the national register’s database, and neither private nor public institutions will have access to the address details in lists or via terminals. Only a very few people will have access to the address.

NEW IDENTITY

In January 2004 a new scheme of fictitious identity was introduced. The scheme is under the jurisdiction of the police and the police will accept applications and prepare the case.

Fictitious identity means that a person can be given fictitious personal details that are registered in the national register. A new fictitious name, date of birth, personal identity number and other personal details are given and are registered in the National Register. The authentic personal details will be deregistered. Anyone given a fictitious address will be able to use this in relation to public authorities and private individuals, for example, the social security office and social services.

A fictitious identity can be given when the person under threat ”is in danger of being a victim of a serious crime against his/her life, health or freedom”. A fictitious identity may also extend to children and others living in the same household.

It is assumed that other less invasive measures cannot provide sufficient protection, e.g. a blocked address.

The Police are required to actively assist in the case and are obliged to obtain an application basis and assess the extent of the threat.

Once the case has been investigated by the local police district, the case is sent to Norway’s National Police Directorate which will take a decision in the case. A rejection of the application can be appealed to the Ministry of Justice.

A fictitious identity has major implications and may entail that all contact with a previous life, family and friends is broken. Such a case requires extensive preparation and will often be a lengthy process.

The threshold for obtaining a fictitious identity is high, and only a very few in Norway have been granted one.

LEGAL AID

Should you need - or should you know anyone who needs - help to apply for a blocked address or a new identity, you can contact DIXI who can facilitate contact with a legal aid lawyer. The law firm Salomon Johansen has several highly experienced legal aid lawyers. Rape victims are entitled to free legal assistance. Naturally the lawyer has a duty of confidentiality.

Lawyer Odd Kristian Johansen
The law firm Salomon Johansen AS
e-mail: post@salomon-johansen.no

www.salomon-johansen.no