On June 10, 2021, Norway adopted the Act on business transparency and work with fundamental human rights and decent work (in Norwegian), joining the small group of countries to impose human rights due diligence on (large) companies. While the act lacks on important issues (such as civil liability) interestingly, it creates an obligation for companies to provide information upon public request. None of the other legislation on business and human rights, either adopted or being currently discussed contains such obligation (see comparative table).
Right to information
The Act entitles everyone to submit in writing a request for information about how the company handles actual and potential negatives human rights impacts. The request can include general information and information related to a particular product or service the company provides (Article 6).
The company is required to provide the requested information within a reasonable time not exceeding three weeks. If the company cannot answer within three weeks due to the amount or type of information requested, the period is extended to two months. In this case, the company must inform within three weeks the information seeker of the extension of the deadline, the reason for extension and when the information can be expected (Article 7).
If the company refuses to provide information, it must provide legal basis for the refusal. Information seeker can then request further justification (Article 7).
Non-compliance by a company with the right to information can be sanctioned by the Consumer Agency through injunction order (Article 12) and fines in case of repeated violations (Article 14).
Some thoughts for the EU
While the European Union is currently working on a Directive on human rights and environmental due diligence, it should consider complementing civil liability with the right to information as it would strengthen corporate transparency and accountability.