Dutch Senate motion ensures privacy in new legislation

Thursday, 26 May 2011
© Lisa S. / Shutterstock.com © Lisa S. / Shutterstock.com

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, part of its contents are and a great deal of political importance is accrued to it. The entire motion reads as follows: 

MOTION BY MEMBER OF THE SENATE FRANKEN AND OTHERS

Proposed 17 May 2011

The House of Representatives,

on the advice of the deliberation,

considering that the fundamental right to the protection of privacy is of great importance in our democratic constitutional State,

considering that there are tendencies to increase and reinforce possible limitations to this fundamental right in new legislation,

considering also that in the event of making new legislation, particular attention should be paid to the question whether or not limitations to the fundamental right to the protection of privacy are justified,

considering that in order to answer this question, it must subsequently be measured up against treaty obligations on the basis of the following criteria:

  • 1. The necessity, effectiveness and practicality of the measure,
  • 2. The proportionality; the infringement may not be greater than is strictly necessary,
  • 3. The results of a Privacy Impact Assessment, in order for the risks that the measure implies to be examined beforehand,
  • 4. The possibility of effective supervision and control of the bringing into practice of the measure, which is to be realized through audits by an independent supervisor,
  • 5. Limitations to the period of validity through a sunset clause or at least an evaluation clause,

requests the government to take the above mentioned criteria into consideration in the deliberation and decision-making process of developing legislative proposals in which there are limitations to the fundamental right to protection of privacy, and to report about this in the explanatory memorandum of the legislative proposal concerned,

and proceeds to the order of the day.

Signed by:

Franken (CDA)

Tan (PvdA)

Strik (GroenLinks)

Holdijk (SGP)

Slagter-Roukema (SP)

Staal (D66)

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