EU Passenger Name Records: every airline passenger a potential suspect. Today is a historic day in both a positive and a negative sense: on the one hand European Parliament has taken an important step forward in the area of privacy by adopting the General Data Protection Regulation. On the other hand, that same parliament has today concurred with large-scale storage of data of European airline passengers. As a result, every airline passenger becomes a potential suspect. The General Data Protection Regulation will replace national privacy legislation in all EU Member States (this includes the Dutch Data Protection Act, Wet bescherming persoonsgegevens) and, in broad terms, will lead to better privacy protection throughout the European Union. Privacy Impact Assessments and Privacy…
Privacy First is considering taking legal steps. Without any regard to all the privacy objections, this week the European Parliament has voted in favor of mandatory introduction of the eCall system in new cars. This system forms a direct threat to the privacy of every motorist. In case the European Council (i.e. a majority of EU Member States) approves the decision of the European Parliament, the eCall device will become mandatory in every car in Europe as of October 2015. Privacy First demands that eCall will become voluntary instead of mandatory and to this end is prepared to start a lawsuit if necessary. In case of a road accident eCall automatically alerts the emergency services by calling 112. However, the…
At the end of this summer our colleagues from Bits of Freedom will once again be organizing the annual Big Brother Awards. Below are our nominations for the biggest Dutch privacy violations of the past year: Automatic Number Plate Recognition plans from Minister OpsteltenIf it’s up to the Dutch Minister of Security and Justice, Ivo Opstelten, the travels of every motorist in the Netherlands will soon be stored in a police database for four weeks through automatic number plate recognition (ANPR) for criminal investigation and prosecution purposes. This means that, in the view of Mr. Opstelten, every motorist is a potential criminal. Privacy First deems this proposal absolutely disproportional and therefore in breach with the right to privacy as stipulated under Article 8 of the…
The Dutch Ministry of the Interior is currently conducting an assessment of the fundamental rights situation in the Netherlands. Later this year this will probably result in a report called ‘De Staat van de Grondrechten’ (‘The State of Fundamental Rights’) and an accessory entitled ‘Nationaal Actieplan Mensenrechten’ (‘National Human Rights Action Plan’). In this context the Ministry recently requested input from several NGOs, among which Privacy First. Below is our advice: Top 7 of issues that deserve a place in the State of Fundamental Rights and the National Human Rights Action Plan: 1. Active adherence to as well as protection, fulfilment and promotion of the right to privacy Clarification: privacy is both a Dutch constitutional right as well as a universal human right. As with…
Earlier this year the Dutch Minister of Justice and Security Ivo Opstelten came up with the miserable plan to authorize the Dutch police force to hack into your computer (both at home and abroad!) and to enable the police to demand that you decrypt your encrypted files in the presence of a policeman and obediently hand them over to the State. In the context of an online consultation (in Dutch), Privacy First notified to the Minister that it has a number of principal objections against his plans: Your Excellency, The Privacy First Foundation hereby advises you to withdraw the legislative proposal ‘enforcement of the fight against cybercrime’ on the basis of the following eleven principal grounds: In our view, this legislative proposal…
Since September 2012, Dutch Minister Ivo Opstelten has been planning to equip the entire Dutch police force with Taser weapons. At the request of the Privacy First Foundation, the Dutch government will have to answer some tough questions about this before the UN Committee against Torture. One of the most important and most ratified human rights treaties in the world is the 1984 United Nations Convention against Torture. Under this Convention, torture is prohibited under all circumstances. Anyone who is guilty of torture anywhere in the world is to be prosecuted or extradited. This also applies to civil servants, ministers, presidents and heads of State. The Netherlands has been a party to the UN Convention against Torture since 1988. Periodically,…
From the response to Parliamentary questions (in Dutch) it emerged this week that there is no specific legal basis for the secret use of drones by police in the Netherlands. According to the Dutch Minister of Security and Justice Mr. Ivo Opstelten, the current use of drones for criminal investigation purposes is based on the general task of the police as described in Article 3 of the Dutch Police Act (Politiewet). However, this vague and brief provision was never designed for this purpose. Moreover, Article 8, paragraph 2 of the European Convention on Human Rights (ECHR) dictates that every governmental infringement on people's privacy has to be explicitly laid down in national legislation which is sufficiently accessible and foreseeable and contains guarantees against abuse (among…
This week the Dutch House of Representatives will vote on a legislative proposal on the taking of 10 fingerprints of all foreigners (immigrants) for criminal investigation and prosecution purposes. This legislative proposal originally dates back to March 2009, the period in which all the Dutch government could come up with was privacy-intrusive legislation. The Privacy First Foundation deems this legislative proposal to be in breach of the right to privacy and the prohibition of self-incrimination. Below is the email that Privacy First sent to relevant Members of Parliament this afternoon: Dear Members of Parliament, Next Tuesday you will cast your vote on a legislative proposal aimed at extending the use of biometric features (fingerprints, facial scans) of immigrants. Hereby the Privacy First Foundation advises…
In the context of a public consultation, the Dutch Ministry of the Interior recently requested Privacy First to react to the current government proposal to revise Article 13 of the Dutch Constitution (right to confidentiality of postal mail, telephone and telegraph). Below are our comments on the current draft of the legislative proposal (click HERE for the original Dutch version in pdf):Ministry of the Interior and Kingdom Relations Deputy Director for Constitutional Affairs and Legislation Mr. W.J. Pedroli, LL.M. PO Box 20011 2500 EA The HagueThe Netherlands Amsterdam, 29 December 2012 Re: Comments by Privacy First on the revision of Article 13 of the ConstitutionDear Mr. Pedroli, On October 16th 2012 you requested the Privacy First Foundation to react to…
This afternoon the Privacy First Foundation sent the following email to the Dutch Senate:  Dear Members of the Senate, Recently the international Amsterdam Privacy Conference 2012 took place. In his opening speech at this conference, Dutch politician Lodewijk Asscher principally addressed the current legislative proposal of regulating prostitution. Asscher voiced the expectation that the envisaged registration of prostitutes will lead to lawsuits that will end up before the European Court of Human Rights in Strasbourg. The Privacy First Foundation shares this expectation. Therefore, we hereby make an urgent appeal to you not to let things get this far and to reject the legislative proposal during the plenary discussion this coming Tuesday, October 30th. Privacy First does so on the following grounds: 1. Compulsory registration…
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