Key Benefits:
Law of 21 July 2007, laying down rules on the processing of police data (Police data law)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down new rules for the processing of police data;
In this regard, we have taken into consideration that in order to protect privacy with regard to that processing, implementation should be given to: Article 10, second and third paragraphs, of the Constitution ;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Police detail: each person given in connection with the exercise of the police task;
b. Police task: the tasks, intended in the Articles 3 and 4, 1st paragraph, of the Police Act 2012 ;
c. Processing of police data: any act or body of acts relating to police data, including at least the collection, recording, ordering, preservation, updating, modification, retrieval, consultation, use, comparison, provide through transmission, dissemination or any other form of posting, bringing together, related to each other, as well as the fencing, erasation or destruction of police data;
d. provision of police data: to make it known or to make available police records;
(e) to provide police data: the provision of police records to persons authorised in accordance with this Act for the processing of police data;
f. Responsible: this is by:
1 °. the police: the basket head, intended in Article 27 of the Polition Act 2012 ;
2 °. 'the State of Public Prosecution': the College of Profters-General;
3 °. the Royal Marechaussee: Our Minister of Defence;
4. a common processing of police data for the purpose of a common purpose by two or more organisations referred to in this section: the responsible responsible for the actual care of the responsible persons concerned. the processing and the adoption of the measures provided for in Article 4 ;
g. data subject: the person on whom a police detail is concerned;
h. The College Protection Personal Data: the College, intended in Article 51 of the Personal Data Protection Act ;
i. Editor: the person processed for the purposes of the police data responsible, without having been subject to his direct authority;
j. Our Ministers: Our Ministers of Security and Justice and of Defence jointly;
k. Police official: the official, intended in Article 2 of the Polition Act 2012 , as well as the official of the Royal Marechaussee, to the extent that he works for the execution of the police duties, Article 4, first paragraph, of the Polition Act 2012 , and, if Article 46 shall be applied, the official employed by the service provided for in that Article;
l. related data: the police data used in the comparison of data, intended for the purpose of Article 8, second paragraph , 11, first and second members , 12, fourth member and 24, 1st Member , correspond and present data as well as the police data used in connection with each other of police data, intended for the purpose of Article 8, third paragraph and 11, fourth member , it appears to be related to the extent that further processing of the data is necessary for the purpose in question;
m. person given, receiver and consent of the person concerned: which is understood to be in the Personal data protection law ;
n. Fencing: marking stored police data with the aim of limiting its processing in the future;
o. features: marking stored police data, without the intention of restricting their future processing;
p. file: any structured whole of police data, whether or not this data is centralised in a functional or geographical way, which is accessible by certain criteria, and relates to different persons.
1 This law applies to the processing of police data which are contained in a file or which are intended to be included therein.
2 This Act does not apply to the processing of police data:
a. for the purposes of activities for personal purposes only;
b. For the purposes of internal operations.
1 Police data shall be processed only to the extent necessary for the purposes set out in or pursuant to this Act.
2 Police data shall be processed only to the extent that they are lawfully obtained and, having regard to the purposes for which they are processed, are adequate, relevant and not excessive.
3 Police data shall be processed for a purpose other than that for which they were obtained in so far as this law expressly provides, such processing is not incompatible with the purpose for which it was obtained and the processing for that other purpose, moreover, is necessary and proportionate to that objective. Further processing is possible only by persons and bodies designated by law for a major general interest or under the law.
4 In the case of the processing of police data on the basis of the Articles 9 , 10 and 12 the origin of the data and the method of procurement shall be indicated.
1 The person responsible shall take the necessary measures to ensure that police data are correct and accurate in view of the purposes for which they are processed. He shall improve or destroy police data or supplement it if it is found to be incorrect or incomplete.
2 The person responsible shall take the necessary measures to ensure that police data are removed or destroyed as soon as they are no longer necessary for the purpose for which they have been processed or required by any legal provision.
3 The person responsible shall take appropriate technical and organisational measures to protect police data against accidental or unlawful destruction, against amendment, unauthorised disclosure or access, in particular if processing the transmission of data through a network or provision through direct automated access, and against all other forms of unlawful processing, taking into account, in particular, the risks of processing and the nature of the processing of products, the data to be protected. Taking into account the state of the art and the costs of implementation, these measures shall ensure an appropriate level of security, having regard to the risks involved in processing and the nature of the police data.
4 The person responsible shall have access to the police data which are processed under his management for the purpose of monitoring compliance with or under this law.
5 The person responsible shall grant to those responsible for the control and supervision provided for in the Articles 33 , 34 , 35 and 36 As well as those who perform technical work in his contract, access to the police data which are processed under his/her management, in so far as they are required for the performance of their tasks.
6 The Articles 14, first, second, third and fifth members , 49 and 50 of the Personal Data Protection Act shall be applicable mutatis mutandis.
The processing of police records concerning a person's religion or belief, race, political affiliation, health, sexual life, as well as personal data relating to membership of a trade union shall be carried out only in addition to the processing of other police data and to the extent that this is unavoidable for the purpose of processing.
1 The person in charge maintains a system of clearances that meets the requirements of due diligence and proportionality.
2 Police data are only processed by police officers who are authorised to do so by the responsible officer and to the extent that the authorisation is intended.
3 The responsible officer shall authorize the police officers who are responsible for the processing of police data for the purposes of carrying out the parts of the police task with which they are responsible. The authorisation shall contain a clear description of the processing operations to which the official is authorised and the parts of the police task for which the processing operations are to be carried out.
4 In special cases, the responsible persons who are not police officers and who fall under his/her administration may authorize the processing of police data for the purpose of carrying out the parts of the police task with which they are responsible.
5 In special cases, the responsible officer of police who is under the management of another responsible officer may authorize the processing of police records for the purposes of the authorization described in the authorisation. police task. The processing of police data shall be carried out in that case under the management of the person responsible for the authorisation.
6 In the case of, or under general management, detailed rules shall be laid down on the categories of persons who may be authorised for certain data processing operations and the expert requirements which may be made to them.
7 The person responsible shall designate the official referred to in Article 9 (3) , 10, fifth paragraph , 11, first, second and fourth members , 12, fourth and fifth members , and 13, third member . In the case of a general measure of administration, rules may be laid down regarding the officials of police who may be designated as staff members.
1 The official of the police or the person to whom police data are made available shall be subject to secrecy, except in so far as an obligation to supply is required by or under the law, the provisions of Section 3 to enable the police to be provided in special cases to provide the provision of the provision of the police.
2 The person to whom the police data is provided shall be obliged to keep confidential, except in so far as an obligation to supply is required by or pursuant to the law or is required to do so.
3 Article 272 (2) of the Code of Criminal Law does not apply.
1 Police data may be processed for the purpose of carrying out the daily police task for a period of one year from the date of the first processing.
2 In so far as it is necessary for the execution of the daily police task, police data for which the period referred to in the first paragraph has expired may be automated compared to police data which are to be used processed on the basis of paragraph 1, with a view to establishing whether links exist between the relevant data. The related data can be further processed for the purpose of the execution of the daily police task.
3 In so far as it is necessary for the execution of the daily police task, police data on which the period referred to in the first paragraph has expired may be processed in combination with a view to establishing whether or not links exist between the relevant data. If such links exist, the related data can be further processed for the purposes of the execution of the police task.
4 Police records, which are processed under the first, second and third members, may be made available for further processing on the basis of the Articles 9 , 10 and 12 .
5 In the case of, or under general management, rules may be laid down on the categories of data on the basis of which police data can be compared.
6 The police data processed under the first, second and third paragraphs shall be destroyed as soon as they are no longer necessary for the execution of the daily police task and shall in any case be carried out not later than five years after the date of First processing removed.
1 Police data may be processed for the purpose of an investigation with a view to maintaining the legal order in a particular case.
2 The purpose of the investigation shall be drawn up in writing within one week of the start of processing referred to in paragraph 1.
3 Police records processed in accordance with paragraph 1 may be made available for further processing, following the consent of an authorised officer, to the extent necessary for another investigation as referred to in Article 3 (1) of the Regulation. the first paragraph, the processing, intended in the Articles 10 and 12 , or the execution of the daily police task, intended to Article 8 .
4 The police data processed under the first paragraph and no longer necessary for the purpose of the investigation shall be removed, or processed for a period of up to half a year to see if they give rise to to a new research as referred to in the first paragraph or a new processing as referred to in Article 10 , and after this period has been removed.
1 Police data can be processed for the purpose of gaining insight into the involvement of persons at:
a. Robbing or committing of felonies:
1 °. as defined in Article 67, first paragraph, of the Code of Criminal Procedure , which are berated or committed in a organised context and which, in view of their nature or the relationship to other crimes being referred to or committed in the organised context, may constitute a serious breach of the rule of law, or
2 °; where the legal description is provided for a term of imprisonment of eight years or more; or
3 °. as defined in Article 67, first paragraph, of the Code of Criminal Procedure , who have been appointed by a general management measure and who, having regard to their nature or consistency with other crimes committed by the person concerned, constitute a serious breach of the legal order;
(b) actions which may indicate the categories of crimes to be referred to in general measures of management which, by reason of their scale or seriousness, or their connection to other crimes, constitute a serious risk to the rule of law;
c. acts which, given their nature or frequency or the organised link in which they are committed, constitute a serious violation of public order.
2 The processing of police data referred to in paragraph 1 (a) shall be limited to the following:
a. Suspects of the offences referred to in paragraph 1 (a);
(b) persons with a reasonable suspicion that they are involved in the examination or committing of the crimes referred to in paragraph 1 (a);
c. persons who are in a given relationship to those referred to in parts a and b;
d. Police officers or investigators as intended for the purpose of Article 142, First paragraph, of the Code of Criminal Procedure .
3 The processing of police data referred to in paragraph 1 (b) shall be limited to the following:
(a) persons involved in the operations referred to in paragraph 1 (b);
b. persons who are in a given relationship to those referred to in subparagraph (a);
c. Police officers or investigators as referred to in the Article 142, First paragraph, of the Code of Criminal Procedure .
4 The processing of police data referred to in paragraph 1 (c) shall be limited to the following:
a. Persons with regard to whom there is reasonable suspicion of being involved in serious violations of public order;
b. persons who are in a given relationship to those referred to in subparagraph (a);
c. Police officers or investigators as referred to in the Article 142, First paragraph, of the Penal Code .
5 The police data referred to in paragraph 1 may be made available, with the agreement of an officer responsible for that purpose, for further processing to the extent necessary for other processing as referred to in the first paragraph; an investigation as referred to in Article 9 , a processing as intended in Article 12 , or the execution of the daily police task, intended to Article 8 .
6 The police data referred to in the first paragraph shall be removed as soon as they are no longer necessary for the purpose of the processing. For this purpose, the data shall be checked periodically. The data shall be removed no later than five years after the date of the last processing of data showing the need to process the police data of the data subject on the basis of the purpose set out in paragraph 1.
1 insofar as is necessary for an investigation as referred to in Article 9, first paragraph , could police data processed for that investigation be automated compared to other police data processed on the basis of ... Article 8 or 9 in order to establish whether links exist between the relevant data. The related data may be further processed for the purpose of the investigation, following the agreement of an authorised officer.
2 insofar as is necessary for a processing as intended Article 10, first paragraph , police data processed for that purpose can be automated compared to other police data processed on the basis of the data. Articles 8 , 9 or 10 in order to establish whether links exist between the relevant data. The related data may be further processed for that processing, following the agreement of a competent official.
3 In the case of, or under general management, rules shall be laid down on the implementation of the data comparison. These rules may relate to:
a. The categories of data on the basis of which police data can be compared;
b. encoding police records by providing them with an indication of reliability and confidentiality and the ability to further process them for an investigation as intended. Article 9 or a processing as referred to in Article 10 ;
c. the manner in which the links are made visible.
4 insofar as is necessary for an investigation as referred to in Article 9, first paragraph , or a processing as defined in Article 10, first paragraph -may, in special cases, be ordered by the competent authority, referred to in the Articles 11 , 12 and 14 of the Polition Act 2012 , police data processed on the basis of Article 8 , 9 or 10 In combination with each other in order to determine whether links exist between the data. Where such links exist, the related data may be further processed for the purposes of such investigation or processing, following the agreement of an authorised officer.
5 insofar as is necessary for an investigation as referred to in Article 9, first paragraph , or a processing as defined in Article 10, first paragraph , can police data that are processed on the basis of Article 8 , 9 or 10 automated to be compared with other than police data.
1 Police data may be processed for the purposes of checking and managing an informant, as well as the assessment and justification of the use of informants.
2 The police data referred to in the first member may be made available for further processing on the basis of the first processing for a period of up to four months after the date of initial processing. Articles 8 , 9 or 10 .
3 The processing of police data referred to in paragraph 1 shall only take place on the following:
a. Informants;
b. persons who give information to informers or who have contacts with whom informants have contact;
c. Police officers or investigators as referred to in the Article 142, First paragraph, of the Code of Criminal Procedure .
4 As far as necessary for the control and management of an informant, police data processed for that purpose can be automated compared to police data processed on the basis of the data. Article 8 , 9 or 10 in order to establish whether links exist between the relevant data. The related data can be further processed for that purpose.
5 In the case of a general measure of management, categories of persons to whom the first, fourth and sixth members shall apply shall be subject to the application if the knowledge of police data for those categories of persons is likely to be will yield. It shall identify the categories of persons to whom police data are processed.
6 The police data processed under the first and fifth paragraphs shall be destroyed as soon as they are no longer necessary for the purpose of the processing. For this purpose, the data shall be verified every six months. The data shall be destroyed not later than 10 years after the date of the last processing of data showing the need to process police records of the data subject on the basis of the objective referred to in the first and fifth paragraphs.
7 An informant is defined in this article: a person who is secretly providing information to an investigation officer concerning criminal offences or serious violations of public order which have been or are being committed or carried out by others, which are the provision of risk to this person or to third parties.
1 For the purposes of supporting police task, the police data processed in accordance with Article 8 , 9 and 10 , further processed to the extent that they are relevant to:
(a) to establish previous processing operations in respect of the same person or case, including the determination of prior involvement in criminal offences;
b. to elucidate criminal offences that could not yet be traced back to a suspect;
c. identification of persons or cases;
(d) bringing persons or cases into consideration for the purpose of implementing a requested act with a view to the proper conduct of persons;
(e) the performance of tasks in the service of the judiciary.
The relevant data shall be consulted nationwide for persons who, in accordance with Article 6, second paragraph , authorised or made available by a responsible authorised person to the extent that they need to be responsible for the execution of the police task.
2 For the purposes of supporting police task, police data processed in accordance with the rules Article 8 , 9 or 10 be further processed by a responsible central point of view to the extent that they are relevant for obtaining national insight into specialist subjects. The further processed data shall be made available to a responsible authorised person to the extent that they are required for the execution of the police task.
3 For the purpose of supporting police task, police data shall be carried out in accordance with Article 8 , 9 and 10 be processed in so far as they are relevant for the purpose of automated comparison for the purpose of reporting different processing operations against the same person, made available for and further processed. The related data may continue to be processed on the basis of the agreement of a competent official. Article 8 , 9 or 10 .
4 In the case of a general measure of management, rules shall be laid down as to what is to be written and made available in writing for the processing operations referred to in the first, second and third paragraphs. In any case, rules shall be drawn up concerning the written commitment of:
a. The specific purpose for which the data in support of the police task will be further processed;
b. The categories of persons whose data are further processed for the purpose of the object concerned and the types of data to be taken over them;
c. the cases in which or the time limits within which the further processing of the data concerned is terminated.
1 The following of the Article 8, sixth paragraph , 9, fourth member , and Article 10, sixth paragraph , removed police records shall be kept for a period of five years for the purposes of processing for the purpose of handling complaints and the accounting of transactions and subsequently destroyed.
2 The Articles 16 to 20 and the Article 23 and 24 shall not be subject to the police data held in accordance with the first paragraph.
3 In special cases and to the extent necessary for a purpose as referred to in Article 9 or 10 , police data held in accordance with paragraph 1 may, on the instructions of the competent authority, be carried out in the Articles 11 , 12 and 14 of the Polition Act 2012 , to be made available for reprocessing on the basis of Article 9 or 10 .
4 The destruction provided for in paragraph 1 shall be waived in so far as the value of the archive documents as a constituent of cultural heritage or for historical research is opposed. The relevant data shall be transferred to an archive store as soon as possible. They will be applied Article 15 of the Archives Act 1995 restrictions on public access. In the first and third sentences, our Ministers are able to adopt certain rules of policy.
1 The person in charge shall make police data available to persons who are themselves responsible, or by another responsible person, in accordance with Article 6, second paragraph , have been authorized to process police data to the extent necessary for the performance of their task.
2 In special cases, where this is necessary for the proper execution of the police task, the provision of police data may be refused by the person responsible, or the restrictive conditions responsible may be set up to further processing. In the case of a general measure of administration, it is possible to lay down detailed rules on the grounds on which the provision may be refused and on the restrictive conditions that may be imposed.
1 The responsible police data shall be provided:
a. Extraordinary investigating officers as referred to in Article 142 of the Code of Criminal Procedure , in so far as they are required for the detection of criminal offences in the investigation of which they are involved;
b. Members of the Public Prosecutor's Office, in so far as they are required to:
1. in connection with their authority or control of the police, or of any other person or bodies responsible for the detection of criminal offences; or
2. for the execution of other tasks assigned to them by or under the law;
c. Mayors in so far as they are required to:
1 °. in connection with their authority and control of the police; or
2 °. in the context of the maintenance of public policy.
d. de korpschef, the College of Prosecutors General, Our Minister for Security and Justice or our Minister of Defence in so far as they need to be related to:
1 °. the conduct of an investigation following complaints, as referred to in Article 4 (2), Article 70 of the Polition Act 2012 , or
2 °. disciplinary punishment for failure to comply with obligations or dereliction of duty, as regulated by or under Article 47 of the Polition Act 2012 , or
3. suspension or dismissal of the official of the Royal Marechaussee as far as he works for the execution of the police duties, Article 4, first paragraph, of the Polition Act 2012 due to failure to comply with obligations or dereliction of duty as regulated by or under Article 12 of the Military Staff Act 1931 .
2 To the benefits in kind provided for in paragraph 1 (a) and (d), Article 15, second paragraph , mutatis mutandis.
1 Police data may be provided to the extent that this arises from the Act on the intelligence and security services 2002 .
2 Police data may be provided to an international body or to an international criminal court to the extent that it results from a treaty.
3 Police data may be provided to authorities in a country within the Kingdom or in any other country responsible for the execution of the police task, or of parts thereof, to the extent necessary for the proper execution of the police force. the police task in the European part of the Netherlands or the police task in the country concerned.
4 Police data may be provided or passed on to the competent authority of another European Union Member State or to a European Union body charged with supporting and strengthening the law enforcement services of the European Union. Member States in the prevention, control, investigation and prosecution of serious crime and that is designated by a general measure of management.
5 Police data shall be provided or transmitted only under the second or third paragraph if the recipient country or international body ensures an adequate level of protection for the data processing envisaged. The adequacy of the level of protection shall be assessed taking into account all the circumstances which affect the transfer of data or to a group of data benefits. In particular, account shall be taken of the nature of the data, the purpose and duration of the intended processing and processing, the country of origin and the country or international body of final destination of the data, the general and sectoral rules of law applicable in the third country or by the international body, as well as the professional codes and security measures applicable in the country or body.
6 By way of derogation from the fifth paragraph, police data may be provided or transmitted if:
a. this is necessary for the purposes of specific interests of the data subject or an overriding general interest; or
(b) the country or the receiving international body offers appropriate guarantees for a careful processing of data in the specific case.
7 In the case of general management measures, detailed rules on the provision or transfer of police data referred to in the second, third and fourth paragraphs, as well as on the further processing and conditions to be used in the exercise of such data shall be laid down. by receiving authorities or international bodies, and on receipt of police data from abroad.
1 Police data may be provided to those responsible, referred to in Article 36b, first paragraph, point (b) In so far as is necessary for the proper exercise of the police task in the European part of the Netherlands or the police task, as provided for in paragraph 3 (a) of 36b.
2 Police records may be provided to members of the public prosecutor of Bonaire, Sint Eustatius and Saba, to the extent they need to do so in connection with their authority or control over the police or any other person or authority with the identification of criminal offences and for the execution of other tasks assigned to them by or under the law.
3 In the case of, or under general management, detailed rules on the provision of police data referred to in paragraph 1, as well as on the conditions to be used for their use by the person receiving the person concerned, shall be laid down. police authorities.
1 In the case of, or under general management, persons and bodies may be designated to whom or to which, for the purposes of a major public interest, police data may be or may be provided for the purpose of carrying out the aid or the task to be given to the general measure of the Steering Board.
2 In special cases, our Minister for Security and Justice may authorise or order the provision of police data to the extent necessary to the extent that this is necessary in order to ensure a serious public interest. Information on personal data shall be communicated to the College of the Decision in question.
In special cases, the person responsible may, in so far as is necessary in order to ensure a serious public interest, comply with the powers of the competent authority. Articles 11 , 12 and 14 of the Polition Act 2012 , decide to provide police records to persons or bodies for the following purposes:
(a) the prevention and detection of criminal offences;
(b) the maintenance of public order;
(c) the provision of assistance to those who need it;
d. The exercise of supervision of compliance with regulations.
1 The person responsible may, in so far as it is necessary for a general interest in the context of a cooperation of the police with persons or bodies, in accordance with the competent authority, as provided for in the Articles 11 , 12 and 14 of the Polition Act 2012 , decide to provide police data to those persons and bodies for the following purposes:
(a) the prevention and detection of criminal offences;
(b) the maintenance of public order;
(c) the provision of assistance to those who need it;
d. The exercise of supervision of compliance with regulations.
2 The decision referred to in paragraph 1 shall lay down for the purposes of which general interest the communication is necessary for the purpose of which cooperation the police are to be supplied, and the purpose for which it is to be provided. is established, the information provided, the conditions under which the data is provided and the persons or bodies to be given the data.
In the case of a general measure of governance, detailed rules on categories of police data which are or may be provided may be made on the basis of the Article 18 , 19 and 20 .
1 Police data may be provided for the purposes of policy information and scientific research and statistics, subject to the condition that the results of these data do not contain personal data.
2 In the case of a general measure of management, detailed rules on the provision of police data shall be laid down in the first paragraph.
1 Provision of police records to the members of the public prosecutor ' s office as intended Article 16, first paragraph, part b , may take place directly as necessary in order to:
(a) criminal decisions relating to investigation and prosecution and the aid to victims of criminal offences;
b. Decisions to be adopted by a general measure of management.
2 Provision of police data as referred to in Article 18 shall only be directly designated by persons or bodies with a public-law task appointed by a general measure by means of automated comparison of personal data and with a general measure of management Identify categories of police data.
3 The person responsible shall take appropriate technical and organisational measures to ensure that direct provision is made exclusively to the extent necessary on the basis of the provisions of the first and second paragraphs of the Treaty. Detailed rules may be laid down in the context of a general measure of management.
1 insofar as is necessary for the performance of the task, referred to in Article 6, second paragraph, of the Information and Security Services Act 2002 , data processed by the General Intelligence and Security Office can be directly automated compared to the general measure of administration, on the proposal of Our Minister of Internal Affairs and Kingdom Relations and Our Minister of Security and Justice together, to be determined categories of police data in order to determine whether links exist between the relevant data. The related data may be provided directly to civil servants working in the General Intelligence and Security Service, where in some, by a member of the College of Prosecutors General and the Head of the General Secretariat of the General Intelligence and Security Board. Intelligence and Security Service Joint Determined Cases, on a jointly determined manner, of that knowledge is given to the member of the Public Prosecutor ' s Office as referred to in Article 38 of the Information and Security Services Act 2002 .
2 insofar as is necessary for the performance of the task, referred to in Article 7, second paragraph, of the Information and Security Services Act 2002 , data processed by the Military Intelligence and Security Office can be directly automated compared to the general measure of administration, on the proposal of Our Minister of Defence and Our Minister for Security and The Justice Department is responsible for determining the categories of police data to be determined in order to establish whether links exist between the relevant data. The related data may be provided directly to civil servants working in the Military Intelligence and Security Service in which, in certain, by a member of the College of Prosecutors General and the Head of Military Intelligence, Intelligence and Security Service Joint Determined Cases, on a jointly determined manner, of that knowledge is given to the member of the Public Prosecutor ' s Office as referred to in Article 38 of the Information and Security Services Act 2002 .
3 Article 23, third paragraph , shall apply mutatis mutandis.
1 The person responsible shall communicate to each person at his written request within six weeks, or, and if so which, the person concerned with the processing of police data. It shall also provide, upon request, information on whether the person concerned has been supplied with the request for police data for a period of four years prior to the request and on the recipients or categories of recipients to whom it is to be awarded. the data were provided. The person responsible may decide for a maximum of four weeks, or a maximum of six weeks if the police records of the applicant are processed by different regional or rural units of the police. The adjournation shall be notified in writing.
2 The rules of our Ministers may lay down detailed rules on the application and the means of access to which they are to be notified.
1 In dealing with requests as referred to in Article 25 shall assume responsibility for a proper determination of the identity of the applicant.
2 The applications for minors who have not reached the age of 16 years and are made by their legal representatives in respect of those who are curated. The communication in question shall also be made to the legal representatives.
3 The requests may also be made by a lawyer to whom the person concerned has granted a special authorisation for the exercise of his or her rights under this law, and which makes the application solely for the purpose of the interests of the person concerned. from his client. The notice shall be communicated to the lawyer. The person responsible may make requirements for the special authorisation.
1 A request, as referred to in Article 25, first paragraph , it shall be rejected to the extent that the abstenation of knowledge is necessary in the interest of:
a. the proper execution of the police task;
(b) the protection of the rights of the person concerned or of the rights and freedoms of third parties;
c. the safety of the State.
2 A total or partial refusal shall be made in writing.
1 Any person on whose person police records are processed may request the person responsible in writing to correct them, to supplement them, to delete them or to display them if they are factually inaccurate, for the purpose of processing incomplete or are not relevant, or are processed in contraa with a legal requirement. The request shall contain the amendments to be made.
2 The person responsible shall notify the applicant in writing, whether in writing, within four weeks of receipt of the request, or to what extent he/she satisfies them. Article 37, first paragraph, of the Personal Data Protection Act shall apply mutatis mutandis. A refusal shall state the reasons for it.
3 The person responsible shall ensure that a decision to improve, supplement, remove or foreclosure is carried out as soon as possible. He shall ensure the characteristics of a given if its accuracy is disputed by the person concerned and cannot be determined whether or not the entry is accurate.
1 A decision on a request as referred to in Article 25 or 28 applies as a decision in the sense of the General administrative law .
2 The Articles 47 and 48 of the Personal Data Protection Act shall be applicable mutatis mutandis.
3 In complaint procedures involving persons responsible or responsible for his/her responsibilities under Article 9:31 of the General Administrative Law are required to provide intelligence or submit documents to the National Ombudsman with regard to police records which are to be re-established to an informant as intended Article 12, seventh paragraph , our Secretary of State for Security and Justice may decide that Rule 9:31, 5th and 6th paragraph, of that law will remain out of application.
4 If Our Minister of Security and Justice has decided that Article 9:31, 5th and 6th member, of General Law governing law the persons responsible or responsible for his/her responsibility shall be obliged to produce documents, and shall be sufficient to give them access to the documents in question. A copy of the documents in question shall not be produced in any way.
5 In procedures relating to decisions as referred to in paragraph 1 of which the responsible persons or persons responsible for his/her responsibility are Article 8:27 , 8:28 or 8:45 of the General Law governing law shall be required to provide intelligence or to provide documents relating to police data which are to be re-established to an informant as intended Article 12, seventh paragraph , can our Minister of Security and Justice decide that Article 8:29, third to fifth members, of that law does not apply. If documents are to be presented to the court, the documents shall be kept for inspection by the documents concerned. A copy of the documents in question shall not be produced in any way. If our Minister for Security and Justice informs the court that only it will be able to take notice of the information, the court may only, with the consent of the other parties, also on the basis of that information. to decide whether to give information or documents.
1 If the police data responsible has improved, completed, removed or shielded, he shall address the persons or bodies to whom the relevant year preceding the request and in the period which has elapsed since the request Inform the police as soon as possible of such improvement, addition, removal or shielding, unless this proves impossible or requires a disproportionate effort.
2 The person responsible shall communicate to the applicant and, where appropriate, to the legal representative, if requested, to whom he has communicated.
1 The person responsible may for a communication as referred to in Article 25, first paragraph -a reimbursement of costs which does not exceed an amount to be fixed by or on the basis of a general measure of management. The method of payment shall also be determined.
2 The allowance shall be returned if:
a. The person responsible, at the request of the person concerned, on the recommendation of the College of Protection, personal data, or on the order of the judge to improve, supplement, remove or shield; or
(b) The notification has been omitted on the basis of Article 27 .
1 The person responsible shall ensure the written commitment of:
a. the purposes of the surveys, intended to be carried out in Article 9, second paragraph ;
b. the information provided under the provisions of the provisions of the Article 13 (4) , be recorded;
c. the award of the authorisations, intended to Article 6 ;
d. The automated comparison or the combination of police data used in the case of the Article 8, third paragraph , and 11, first, second and fourth members ;
e. the reprocessing of police data on the basis of Article 9 or 10 , referred to in Article 14, third paragraph ;
f. the provision of police data on the basis of Section 3 with the exception of the provision, Article 17, first paragraph , and Article 24, first and second paragraphs , if this does not contribute to the interests of the security of the State;
g. operations in respect of which indications exist that they have been carried out by unauthorised persons or otherwise unlawfully;
h. an automated comparison of data as referred to in Article 11, fifth paragraph .
2 The person responsible shall ensure the written notification of a common processing of police data to the College protection personal data.
3 The police data referred to in paragraph 1 shall be kept at least until the date on which the last check is made, Article 33 , has been carried out or, in respect of part d, is as much longer as necessary to ensure compliance with the obligations of the person responsible, intended Article 25, first paragraph , and 30, first paragraph .
4 In the case of, or under general management, detailed rules shall be laid down regarding the method of commitment.
1 The person in charge shall carry out checks on the execution of rules rendered by or pursuant to this Act by means of regular audits of privacy audits.
2 The person responsible sends a copy of the audit results of privacy audits to the College protection personal data.
3 If the control results show that compliance with or under this Law is not met, the person responsible within a year shall be subject to a revalidation of those parts which did not comply with the conditions laid down. The second paragraph shall apply mutatis mutandis.
4 Any person involved in a control referred to in the first or third paragraph shall be required to keep the personal data in respect of which he has received the decision, except in so far as any legal requirement has been communicated to him until he has been informed of the decision. He or she is required to do so.
5 In the case of, or under general management, detailed rules on the content and procedures for carrying out the checks shall be laid down in the first and third paragraphs.
1 The person responsible shall appoint a privacy officer. The privacy officer shall, on behalf of the person responsible, see the processing of police data in accordance with, or be determined by, the law and the person responsible for the advice.
2 The privacy officer shall keep an overview of the written recording of the data, intended to Article 32, first paragraph .
3 The privacy officer shall draw up an annual report of its findings.
4 The person responsible shall notify the privacy officer to the College protection personal data.
1 The College of Protection Personal Data oversees the processing of police records in accordance with and pursuant to this Act.
2 The Article 51, second paragraph , 60 , 61 and 65 of the Personal Data Protection Act shall be applicable mutatis mutandis.
3 If the person responsible acts contrary to what is determined by or under Article 32 , the College can impose an administrative fine on him. The Articles 66, 1st paragraph , and 71 of the Personal Data Protection Act shall be applicable mutatis mutandis.
4 The College protection personal data is heard about the intended processing of police data, which will be incorporated into a new file, when such processing is related to the data, intended Article 5 , or where the nature of the processing, in particular using new technologies, mechanisms or procedures, involves specific risks for the fundamental rights of the data subject, in particular the right to protection of privacy.
1 An officer and those responsible jointly may appoint an official data protection officer, without prejudice to the powers of the College of Personal Data Protection.
2 The data protection officer referred to in the first paragraph shall be the subject of Articles 63 and 64 of the Personal Data Protection Act applicable mutatis mutandis.
This law shall also apply in the public entities Bonaire, Sint Eustatius and Saba with due regard to the provisions of this paragraph.
By way of derogation from Article 1, points b, f and k , for the purposes of this Act, in the public sector, Bonaire, Sint Eustatius and Saba are defined solely as follows:
a. Police Task: the tasks specified in Article 5 of the Law of the National Police of Curaçao, of Sint Maarten, and of Bonaire, Sint Eustatius and Saba , of the Police Corps for Bonaire, Sint Eustatius and Saba, and the tasks, intended Article 5, first paragraph, of the Safety Act BES ;
b. Responsible: this is by:
1 °. The Police Force: Our Minister of Security and Justice;
2 °. the Royal Marechaussee: Our Minister of Defence;
3 °. the Extraordinary Agents of Police: Our Minister of Security and Justice;
c. Police officer: the official, in charge of performing the duties referred to in point (a), as well as the extraordinary officers of police, referred to in Article 10 of the Law of the National Police of Curaçao, of Sint Maarten, and of Bonaire, Sint Eustatius and Saba to the extent that they are employed to carry out the police tasks.
1 For the purposes of:
a. Article 4 (6) , instead of " Articles 14, first, second, third and fifth members , 49 and 50 of the Personal Data Protection Act ' read: Articles 14, first, second, third and fifth members, 39 and 40 of the Personal Data Protection Act BES ;
b. Article 7, third paragraph , instead of " Article 272 (2) of the Code of Criminal Law ' read: Article 285, 2nd paragraph, of the Penal Code BES ;
c. Article 10, first paragraph, point (a) (1 °) and (3) Instead of " Article 67, first paragraph, of the Code of Criminal Procedure ' read: Article 100, 1st paragraph, of the Code of Criminal Procedure BES ;
d. the Article 10, second paragraph, point (d), third paragraph, point (c), fourth paragraph, point (c) , and 12, third member, point (c) , instead of 'extraordinary investigation officers' as intended: Article 142, First paragraph, of the Code of Criminal Procedure ' read: the extraordinary officers of police, referred to in Article 184, first paragraph, of the Code of Criminal Procedure BES ;
e. the Article 11, fourth paragraph , 14, third member , 19, introductory wording , and 20, 1st Member , instead of ' the competent authority, shall be referred to in the Articles 11 , 12 and 14 of the Polition Act 2012 ' 'competent authority', as specified in the Articles 16 and 17 of the Rijkswet Police van Curaçao, from Sint Maarten and van Bonaire, Sint Eustatius and Saba and Article 8 of the Safety Act BES ;
f. Article 14 (4) , instead of " Article 15 of the Archives Act 1995 ' read: Article 20 of the Archivewet BES ;
g. Article 17, third paragraph , instead of reading "the European part of the Netherlands": Bonaire, Sint Eustatius and Saba,
h. the Article 18, second paragraph , 32, second paragraph , 33, second paragraph and 34, fourth member , instead of "The College Protection Personal Data" is read: the Commission of Supervision Protection Data BES, intended in Article 44 of the Personal Data Protection Act BES ;
i. Article 23, first paragraph , instead of " public ministry as intended in Article 16, first paragraph, part b , " read: Prosecutor ' s Office of Bonaire, Sint Eustatius and Saba;
j. Article 24, first and second paragraphs , is read instead of "a member of the College of Prosecutors General": the attorney general referred to in the Article 2 of the Law of the Law of the State of Public Ministries of Curaçao, of Sint Maarten and of Bonaire, Sint Eustatius and Saba ;
k. Article 25, first paragraph , is read instead of "at different regional or rural units of police": at regional or rural units of police, intended in Article 25 of the Polition Act 2012 ;
l. Article 28, second paragraph , instead of " Article 37, first paragraph, of the Personal Data Protection Act ' read: Article 29, first paragraph, of the Personal Data Protection Act BES .
2 The Articles 1 (h) , 17a , 35 , 36 and 46 are not applicable.
1 By way of derogation from Article 16, first paragraph , shall provide the responsible police data:
a. Members of the Ministry of Bonaire, Saint Eustatius and Saba, in so far as they are required to deal with them in connection with their authority or control of the police or other persons or bodies responsible for the detection of criminal offences; and for the performance of other tasks assigned to them by or under the law;
(b) the authoritative, in so far as it is required to deal with the authority and control of the police;
c. Our Minister of Home Affairs and Kingdom Relations, Our Minister of Security and Justice and Our Minister of Defence as far as they are required in connection with:
1 °. the conduct of investigations following complaints as referred to in Article 18 of the Safety Act BES , or
2 °. disciplinary penalties for failure to comply with obligations or dereliction of duty as settled by or under Article 21, second paragraph, of the Safety Act BES or Article 10 (4) of the Law on the Law of the National Police of Curaçao, of Sint Maarten, and of Bonaire, Sint Eustatius and Saba , or
3. suspension or dismissal of the official of the Royal Marechaussee as far as he works for the execution of the police duties, Article 5, first paragraph, of the Safety Act BES due to failure to comply with obligations or dereliction of duty as regulated by or under Article 12 of the Military Staff Act 1931 .
2 Article 16, second paragraph , shall apply only to the provision referred to in point (c) of paragraph 1.
1 Police data may be provided to those responsible, referred to in Article 1 (f) , insofar as is necessary for the proper exercise of the police task, Article 36b, first paragraph, point (a) -or the police task in the European part of the Netherlands.
2 Police data may be provided to members of the public prosecutor of the European part of the Netherlands, insofar as they are required to deal with them in connection with their authority or control of the police or other persons or bodies responsible for the operation of the police. identification of criminal offences and for the execution of other tasks assigned to them by or under the law.
3 Police data may be provided to investigators working in a special investigation service in the European part of the Netherlands to the extent that they need it for the performance of their duties.
1 By way of derogation from Article 29 A decision shall apply to a request as referred to in Article 25 or 28 directed to the responsible, intended to Article 36b, first paragraph, point (b) , as a disposition as intended in Article 3 of the Law on Administrative Law (BES) .
2 The Articles 38 and 39 of the Personal Data Protection Act BES shall be applicable mutatis mutandis.
3 In procedures relating to decisions as referred to in paragraph 1 of which the responsible persons or persons responsible for his/her responsibility are Article 37 of the Law on Administrative Law (BES) Are required to provide intelligence related to police data that are to be re-established to an informant as intended Article 12, seventh paragraph Our Minister for Security and Justice will be able to decide that this will not be implemented. Article 29, fifth paragraph, second and third sentences , shall apply mutatis mutandis.
1 The Commission of monitoring protection of personal data BES, referred to in Article 44 of the Personal Data Protection Act BES , oversees the processing of police records in Bonaire, Sint Eustatius and Saba in accordance with, and under this law, certain.
2 The Articles 50 and 51 of the Personal Data Protection Act BES shall be applicable mutatis mutandis.
1 In the case of or under the law police data determined in relation to data processing, Article 10, first paragraph (a) , and Article 12 It shall apply mutatis mutandis to the processing of personal data by a special investigation service. On a proposal from Our Ministers and our Minister, who shall be the co-responsible of a general measure of management, other parts of the application or by virtue of that law shall be declared to be applied mutatis mutandis to the processing of: personal data by a special investigation service.
2 In so far as application is given to the first paragraph
(a) provide the responsible police data for further processing to investigators working in the special investigation service, provided that they are required to carry out their duties;
(b) the person responsible of the special investigation authority shall make available to persons in accordance with the provisions of this Law or mutatis mutandis the information to be provided by or pursuant to the provisions of this Law Article 6, second paragraph , have been authorized to process police data in so far as they are required for the performance of their duties.
Article 15, second paragraph , shall apply mutatis mutandis.
3 In the case of a general measure of administration, detailed rules may be laid down on officials working in a special investigation service, which may be authorised to process police data as referred to in paragraph 1; and on the management and organisation of the special investigation service in which they are employed.
Our Ministers shall, within five years of the entry into force of this Act, and thereafter every four years, after hearing the College of Personal Data Protection, send to the States-General a report on the effectiveness and effects of this law in the the practice.
In legal proceedings and legal proceedings against a decision made on the basis of the Law of Police registries has been taken on a request for knowledge, improvement, completion, removal or foreclosure of police data, or against such a decision or appeal, remain, both at first instance and in further proceedings; the rules applicable to the repeal of That Act .
The Law of Police registries shall be withdrawn.
This Law shall enter into force on a date to be determined by Royal Decree, which may be adopted in a different way for the various articles or parts of such articles.
This law is cited as: Law police records.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at Tavarnelle, 21 July 2007
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Minister of Home Affairs and Kingdom Relations,
G. ter Horst
The Minister of Defence,
E. of Medium Purchase
Published the Fourth of September 2007The Minister of Justice,
E. M. H. Hirsch Ballin
