Call against Dutch central prostitution database

Saturday, 27 October 2012
Picture: Romeo Reidl Picture: Romeo Reidl

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 of prostitutes will lead to a shift of prostitution to the illegal circuit. Thereby this legislative proposal will prove to be counterproductive, with all the risks this entails. The social (legal) status of prostitutes will become further weakened instead of strengthened.
2. Compulsory registration of prostitutes violates the right to privacy because it concerns the registration of sensitive personal information. This is prohibited under Article 16 of the
Dutch Data Protection Act and is in breach of Article 8 of the European Convention on Human Rights.
3. Registration of prostitutes has a stigmatizing effect. Moreover, the security of this registration cannot possibly be guaranteed and there is also the danger of function creep. Therefore, the supposed advantages of registering do not outweigh the risks of data breaches, hacking, unauthorised and unforeseen use - now and in the future. This, in turn, also implies new risks of abuse and blackmailing.  
4. Combating criminality and human trafficking ought not to happen through the risky registration of prostitutes, but rather through more effective criminal investigation, prosecution and adjudication of the culprits without putting the victims in danger. For that purpose it is up to the Minister to develop alternative, privacy-friendly instruments in consultation with relevant NGOs.

We are willing to supply further information on the above points upon request.

Yours sincerely,

Privacy First Foundation

Update 30 October 2012: this afternoon the Senate heavily criticised (especially) the privacy aspects of compulsory registration of prostitutes. As a result, Minister Ivo Opstelten has decided to reconsider his approach to the issue. It now seems that compulsory registration is shelved. The discussion on other parts of the legislative proposal is postponed until further notice. Click HERE for an audio recording of the parliamentary debate (in Dutch) until its suspension (mp3, 2u53m, 119 MB).

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