AP: bill often also free to receive personal data
In the past year, the cabinet too often saw legislative proposals as a license to collect almost unlimited personal data. It was also not always clear why the government needed certain information from citizens. This is stated by the Dutch Data Protection Authority (AP) in its annual report for 2021, which was published on Tuesday.
In 2021, the AP advised the cabinet a total of 95 times on new legislation that also involved the processing of personal data. Eighteen times it was recommended that a bill be substantially amended or otherwise not presented to the House of Representatives because the personal data was not sufficiently protected. In the other cases, the AP had little or no comments. Aleid Wolfsen, chairman of the Dutch Data Protection Authority, thinks it is logical that the government wants to do more and more with personal data. “That is allowed and that is also possible if it is necessary in the public interest. But no more than necessary and always with guarantees for the people concerned: you and me.”
Wolfsen points out that laws are there to protect citizens. He therefore expects the government to clearly indicate why it wants to collect, store or distribute medical data, address data or personal circumstances. He also expects the government not to use someone’s personal data unnecessarily. “If a law prescribes that the government may use personal data without the consent of the people involved, this is only allowed if it is really necessary in the public interest. And if the invasion of privacy has been clearly and accurately described.”
One of the examples that the AP criticized is the proposal to criminalize doxing. In doxing, for example, people share someone’s home address or phone number so that they can be harassed. For example addresses of politicians. The AP wants the government to stop making residential addresses easily accessible through the Land Registry and the Chamber of Commerce for no good reason. Because data that the government makes public is forever public, according to the authority.