EU Court strikes down public Ultimate Beneficial Owner register
Saturday, 26 November 2022 Litigation
The Court of Justice of the EU on 22 November emphatically struck down the public accessibility of the Ultimate Beneficial Owner (UBO) register. The general public having access to information on beneficial owners of companies and other legal entities constitutes a serious breach of privacy. In a principled ruling, the 15 judges of the Grand Chamber of the European Court explain that the fight against money laundering and terrorist financing is primarily a matter for public authorities. The fight against money laundering does not justify making a register containing privacy-sensitive data public to everyone, the highest European court stated. The entire text of this landmark decision can be found here. Privacy First very much welcomes the critical and principled ruling…
Dutch Privacy Coalition calls for more awareness and action to protect digital privacy
Tuesday, 21 June 2022 Online Privacy
It’s of paramount importance that the Netherlands leads the way not only in terms of digitalization, but also in the field of digital privacy. Public authorities should make people aware of the privacy risks in the digital world and set a good example by providing sufficient privacy-friendly alternatives to existing apps and platforms. This call was made today by a broad coalition of organizations and companies – the Privacy Coalition – to members of the Dutch House of Representatives, who were handed a manifesto. The new Privacy Coalition notes in a joint manifesto that more and more digital platforms, services and apps are collecting users’ data without them realizing it. Those data are resold and integrated and then used to…
Renewed attempt by the Dutch Ministry of the Interior to introduce a centralized biometric database
Thursday, 09 June 2022 Law & Politics
Over a decade ago, around the years 2009-2011, there was enormous social resistance in the Netherlands to a centralized database containing the biometric data (fingerprints and facial scans) of all Dutch citizens. The development of that database was halted in early 2011 over privacy concerns. However, the Dutch State Secretary for Digital Affairs, Alexandra van Huffelen, now seems intent on introducing such a database after all. Below you find the first response of Privacy First to the recent internet consultation on this wretched plan: Your Excellency, The Privacy First Foundation was perplexed to learn of your intention to amend the Dutch Passport Act in order to create a centralized database of everyone's biometric data (including facial scans and – for…
Civil rights coalition: Dutch Senate should reject far-reaching data surveillance Act
Sunday, 20 February 2022 Law & Politics
A coalition of civil rights organizations in the Netherlands that had previously won a lawsuit against System Risk Indication (SyRI) is calling on the Dutch Senate to reject an even more sweeping Bill dubbed ‘Super SyRI’. According to the parties, the proposal is on a collision course with the rule of law while the Dutch government refuses to learn lessons from the childcare benefits scandal, one of the largest scandals in Dutch politics in recent decades. The Data Processing by Partnerships Act (Wet Gegevensverwerking door Samenwerkingsverbanden, WGS) enables Dutch government agencies and companies to link together the data stored about citizens and companies through partnerships. Public authorities and companies that take part in such cooperative frameworks are obliged to pool…
Dutch Court of Appeal rules Ultimate Beneficial Owners can request shielding of data
Tuesday, 16 November 2021 Litigation
A Dutch court has ruled on appeal in the summary proceedings brought by Privacy First concerning the Ultimate Beneficial Owners (UBO) register. Like the preliminary relief court, the Court of Appeal of The Hague unfortunately rejected Privacy First’s claims. The court in preliminary relief proceedings earlier confirmed that there is every reason to doubt the legal validity of the European money laundering directives that form the basis for the UBO register. The judge ruled that it cannot be precluded that the highest European court, the Court of Justice of the EU (CJEU), will conclude that the public nature of the UBO register is not in line with the principle of proportionality. The ruling of the CJEU is expected in mid-2022.…
Dutch government advisory body: grant the public access to secure Wi-Fi
Tuesday, 05 October 2021 Online Privacy
Recently, the Netherlands Standardisation Forum issued an advice to the government to ensure that public Wi-Fi networks for guest use are always secure. The independent advisory body recommends improving Wi-Fi security by using the WPA2-Enterprise standard. This recommendation applies to all public and semi-public institutions in the Netherlands and therefore has an impact on thousands of Wi-Fi networks. The Standardisation Forum facilitates digital cooperation (interoperability) between government organizations and between government, businesses and citizens. It is the advisory body for the public sector regarding the use of open standards. According to its own website, all standards that the Forum recommends have been thoroughly tested, lower costs and reduce the risk of internet fraud and data abuse. The recent recommendation came…
Privacy First starts lawsuit against mass surveillance through Automatic Number Plate Recognition (ANPR)
Friday, 01 October 2021 Litigation
Summary proceedings against massive privacy violation by Automatic Number Plate Recognition (ANPR) camera surveillance Challenging large-scale privacy violations in court has long been Privacy First’s established practice. In recent years, Privacy First has successfully done so against the central storage in the Netherlands of everyone’s fingerprints under the Dutch Passport Act, against the storage of everyone’s communications data under the Dutch Telecommunications Data Retention Act and – in coalition with other parties – against large-scale risk profiling of innocent citizens through the Dutch System Risk Indication (SyRI). A current and urgent issue that equally merits going to court over, concerns the Dutch legislation on Automatic Number Plate Recognition (ANPR) which applies since 2019 under Art. 126jj of the Dutch Code…
Privacy First supports Dutch lawsuit against coronavirus entry pass
Saturday, 25 September 2021 Law & Politics
Despite an urgent call by Privacy First to the Dutch House of Representatives to block the coronavirus entry pass, the introduction of this pass throughout The Netherlands as of 25 September 2021 unfortunately seems to be a reality. Privacy First expects that this will lead to division of Dutch society, exclusion of vulnerable groups, discrimination and violation of everyone’s right to privacy. Moreover, the introduction of this pass leads to vaccination coercion, which violates everyone’s right to dispose freely of their own body. This is incompatible with the right to physical integrity and self-determination and fuels the undermining of our trust in the democratic rule of law, in which these fundamental rights are enshrined. With massive encroachment and violation of…
Privacy First appeals ruling on register for Ultimate Beneficial Owners (UBO)
Thursday, 23 September 2021 Litigation
The hearing at the court of appeal in The Hague in the proceedings of Privacy First against the register for Ultimate Beneficial Owners (UBO) is scheduled for Monday, 27 September 2021. Following the very critical advice of the European Data Protection Supervisor (EDPS), the district court of The Hague confirmed on 18 March 2021 that there is every reason to doubt the validity of the European money laundering directives that form the basis for the UBO register. The judge ruled that it cannot be excluded that the highest European court, the Court of Justice of the EU (CJEU), will conclude that the public nature of the UBO register is not in line with the principle of proportionality. Since a Luxembourg…
Privacy First calls on Dutch House of Representatives to block coronavirus entry pass
Wednesday, 15 September 2021 Law & Politics
Today, Privacy First sent the following plea to the Dutch House of Representatives: Dear Members of Parliament, It is with great disapproval that the Privacy First Foundation has taken note of the planned introduction of coronavirus entry passes for bars and restaurants, events and cultural institutions. This will lead to a division in society, exclusion of vulnerable groups and a massive violation of everyone’s right to privacy. Below, Privacy First will briefly explain this. Serious violation of fundamental rights The coronavirus entry pass (‘corona pass’) constitutes a serious infringement of numerous fundamental human rights, including the right to privacy, physical self-determination, bodily integrity and freedom of movement in conjunction with other classic human rights such as the right to participate…