New rules for processing personal data
The Dutch police will get more powers to process personal data. The current rules will be relaxed and will be more geared to day-to-day practice. More clarity will be provided and a number of rules will be scrapped to reduce the administrative burden on the police, according to a Bill submitted to the Lower House of Parliament by Justice Minister Piet Hein Donner to which the Lower House of Parliament recently agreed. The Bill is a review of the Police Files Act.
The police processes data of many citizens, including those involved in disturbances of the peace, suspects, those who report nuisance, report an offence or ask for assistance. The police have to process all this personal data as it is indispensable for the police work that is largely dependent on obtaining good information. The scope of present-day rules is too limited. The Government’s proposals offer a solution to problems mainly related to the use of data within the police and with the possibilities to provide data to third parties.
The police may freely use the data processed for the daily police work for one year in order to be able to connect the data with one another, where possible. This would also involve data on people who are not yet suspected of a criminal offence for which a period of four months is currently applicable. This period of time is often considered too short.
It is also important that the police are able to use data on people from one case for another case, if required. At present, this is only possible in a limited manner. The proposal will extend the search options for the available police records by making part of the data freely available to the police so that all of the police officers can consult them. Other data may be accessed under certain conditions in order to find matters such as similarities in working methods of criminals or the type of crime. By comparing data it will also become clear whether there are several investigations running at the same time against the same person. This will prevent police forces from working at cross-purposes on related crimes.
In practice, it appears that a lengthy processing of personal data is sometimes required to build up a solid information source and to gain an understanding of any serious threats to society, including terrorism. By gathering such data, the police will better be able to grasp any involvement in such crimes by certain individuals. The Bill provides a basis for a targeted processing of personal data using issues to be laid down in a governmental decree, which will constitute a widening of the current act.
The police will also have more powers to provide personal data to third parties. For instance, the police may provide data not only to institutions involved in tackling youth crime or domestic violence locally, such as legal assistance bodies, but also to housing associations or retailers if this may be required in the context of a joint project to tackle crime. Under the new regulation, the data may be provided if there is an ‘important public interest’.
Source: Ministry of Justice press release, 27 June 2006
