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…
This Tuesday afternoon it is expected that the Dutch House of Representatives will vote in favour of two important motions. The first motion urges the Dutch government to have the European Passport Regulation critically discussed in Brussels. The second motion appeals to the government to take a firm stand in Brussels for there to be a critical reaction to American extraterritorial legislation, such as the notorious US Patriot Act. Both motions have come into being partly as a result of earlier reports by Privacy First about 1) the futility of taking fingerprints for passports and ID-cards and 2) the risk of Dutch fingerprints secretly ending up in foreign hands.   The current taking of fingerprints is the result of the European…
This morning in Geneva the long-awaited Universal Periodic Review (UPR) of the Netherlands took place before the Human Rights Council of the United Nations (UN). In the run up to this four-year session, the Privacy First Foundation and various other organisations had emphatically voiced their privacy concerns about the Netherlands to both the UN and to almost all UN Member States; you can read more about this HERE. The Dutch delegation for the UPR session was led by Interior Minister Ms. Liesbeth Spies. The opening statement by Spies contained the following, remarkable passage about privacy: "The need to strike a balance between different interests has sometimes been hotly debated in the Dutch political arena, for example in the context of privacy measures and draft legislation…
On 31 May 2012 the Netherlands will once again be examined in Geneva by the highest human rights body in the world: the United Nations Human Rights Council. The UN Human Rights Council was founded in 2006 and consists of 47 of the 192 UN Member States. Since 2008 the human rights situation in each country is periodically reviewed. This procedure takes place every four years for each UN Member State and is called ‘Universal Periodic Review’ (UPR). During the first UPR session in 2008 it was straight away the Netherlands’ turn to be examined and our country was in fact heavily criticized. In 2011 the privacy situation in the Netherlands is even worse compared to 2008: enough ground for Privacy First…
Privacy-wise these are turbulent times. Partly because of the pressure by Privacy First, a positive change is ongoing since last year. Privacy is higher up on the Dutch political agenda. Dutch media more often and more extensively report on privacy matters. This enhances privacy awareness among the Dutch population. It also reinforces our democratic constitutional State. Examples of positive developments are the abandonment of the electronic toll system (no ‘espionage units’ in cars), voluntary instead of compulsory ‘smart energy meters’, voluntary instead of compulsory body-scans at airports, abandonment of the storage of fingerprints under the Dutch Passport Act and the introduction of Privacy Impact Assessments for new legislation that invades the privacy of citizens. All of these developments go hand…
On Tuesday 24 May 2011, the Dutch Senate accepted an important motion in which a number of privacy guarantees in new legislation are being confirmed and reinforced. The motion was accepted by an overwhelming majority (Dutch liberal party VVD was the only party to vote against). The previous week the motion was filed (during the Parliamentary debate about digital data processing) by senator Hans Franken (of the Christian-democratic party CDA) and even the Minister of the Interior and Kingdom Relations Piet Hein Donner (CDA) and the State Secretary for Security and Justice Fred Teeven (VVD) had remarked that ‘‘there are a lot of things in there that we can live with just fine’’. Even though formally the motion is not legally binding,…
This week an important policy debate took place in the Dutch Senate with the Minister of the Interior and Kingdom Relations Piet Hein Donner (of the Christian-democratic party CDA) and the State Secretary for Security and Justice Fred Teeven (of the liberal party VVD) about ‘the role of the government in digital data processing’. In the week following up to the debate Privacy First had expressed its views to the Senate. We are pleased to see that many of our views have been accepted (and even literally copied by some parties) throughout the Senate and that even government members Donner and Teeven proved not to be insensitive to them. This goes for both classic rights and principles that need to be reconfirmed as well as some…
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