News item | 2023-02-20 | 5:30 pm
Clear foundations and solid guarantees for data exchange by partnerships are necessary to protect our personal data, for our security and for the rule of law. This makes it clearer to everyone under what conditions information can be processed within the four existing partnerships that tackle complex problems involving, for example, confused persons at the intersection of care and safety, organized crime, money laundering and criminal assets.
To this end, Minister Yeşilgöz-Zegerius has today introduced an Order in Council for internet consultation in addition to the Data Processing by Partnerships Act (WGS) bill that is currently being discussed in the Senate.
“Only with strong safeguards and purposeful recording in which situations data sharing is possible, can we put an end to the perceived contradiction between security and privacy. Uncertainty about sharing information now often leads to a stalemate. We see this, for example, at the intersection of care and safety, while complex problems involving confused people demand to be tackled with urgency. This also applies to tackling organized crime and criminal assets. It is important that we create clarity when information can be shared.”
said Minister Yesilgöz.
The Order in Council, which has now gone into internet consultation, clarifies the principles for sharing data and builds in more safeguards for the protection of personal data. For example, questions from parliament and advice from the Netherlands Institute for Human Rights, the Personal Data Authority and information from the Advisory Division of the Council of State, which were issued at the request of the Senate, are also followed.
Safeguards
The order in council, the so-called Data Processing by Partnerships Decree, provides more guarantees regarding information sharing. It aims to define as precisely as possible what the partnerships are allowed to do. The draft decree regulates safeguards, such as the criteria that a signal, request or case must meet in order to be grounds for data processing. Other safeguards include the establishment of lawfulness advisory committees to assess lawfulness and combat discrimination risks, the obligation of independent privacy audits, data quality tests and the establishment of a point of contact where citizens can exercise their rights under the General Data Protection Regulation. In addition, there are many more safeguards, such as a duty to provide appropriate education and training on data processing.
The WGS bill provides that participants of four existing partnerships will soon be able to share data more effectively in order to gain a complete picture of their safety area:
- the Care and Safety Houses (ZVHs) when it comes to, for example, domestic violence and complex problems with seriously confused behaviour,
- the Regional Information and Expertise Centers (RIECs) in the fight against organized and subversive crime,
- the Financial Expertise Center (FEC) focuses on the integrity of the financial sector and specifically on tackling illegal financial activities, terrorist financing and money laundering.
- the Infobox Criminal and Inexplicable Assets (iCOV) draws up reports from which it can be concluded where criminal or fiscally evaded assets may be hidden.
If there is a desire to add new partnerships, this must be regulated by amendment of the law. A bridging arrangement during such a legislative amendment is only possible in case of urgency and after advice from the Council of State.