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Addressing confused persons difficult due to privacy laws

VPN Guide November 18, 2022

News press release

News press release

Municipalities and housing associations are increasingly receiving reports of nuisance and confused people. They want to intervene to help these people, but the General Data Protection Regulation (AVG) hinders this. The VVD wants the cabinet to put this issue on the agenda in Brussels.

This is according to written questions by Jacqueline van den Hil and Ingrid Michon-Derkzen (both VVD) to Minister Conny Helder (Long-term Care and Sports) and Minister Dilan Yeşilgöz-Zegerius (Justice and Security) (1).

'You want to help them early on'

EenVandaag investigated how municipalities and housing corporations deal with confused people. From a tour of the G40 -a network of 40 Dutch municipalities with 100,000 inhabitants or more- that they experience great difficulty in helping these people (2).

Helmond Alderman Cathelijne Dortmans tells the current affairs program that these are mostly people who are not so much dangerous, but need immediate care or help. The behavior of this group is often unpredictable and unaccountable, which can lead to anxiety for the immediate environment.

The moment the behavior of confused people threatens to escalate, municipalities can intervene. The Compulsory Mental Health Care Act (Wvggz) was created for that purpose. "But rather you want to help them at an earlier stage," Dortmans stressed.

'Privacy in social domain causes action embarrassment'

Aedes, the association for housing corporations, confirms to EenVandaag that the number of tenants with confused behavior is increasing. But housing corporations are running up against European privacy laws. They have no idea with whom they are dealing, which complicates intervention in case of escalation. And that is not in the interest of the person involved.

"Privacy is a great thing, but certainly in the social domain, you see that there is a reluctance to act," Dortmans said. Karin van Dreven of the Rotterdam housing corporation Woonbron argues that corporations don't need to know a lot. "But when the housing enjoyment of our tenants is at stake, we like to do something about it. And preferably before, so that we get a signal that someone somewhere is trying to live independently."

VVD wants cabinet to raise this issue in Brussels

The item prompted Jacqueline van den Hil and Ingrid Michon-Derkzen to ask questions of Minister Helder and Minister Yeşilgöz-Zegerius. First of all, they want to know what has been done with the 15,000 reports received at the national hotline. "In many cases it is not possible to trace which reports come from the national," the G40 told EenVandaag.

The VVD members think it is undesirable that confused people come into contact with the police when they actually need social or medical care and assistance. The GGD and police should work better together to help these persons. They ask the ministers if they feel the same way and what they intend to do to relieve the police as much as possible on this issue.

"What laws and regulations currently stand in the way of safely exchanging or having data on people with misunderstood behavior in order to provide adequate assistance?" the MPs ask the ministers. The VVD members want to know whether the ministers are willing to enter into a discussion within the EU about "the trapping role of the AVG" in the provision of care for confused people, and to reach agreements on how this can be adjusted.

1) https://www.tweedekamer.nl/kamerstukken/kamervragen/detail?id=2022Z22485&did=2022D48501

2) https://eenvandaag.avrotros.nl/item/steeds-meer-meldingen-verwarde-personen-maar-aanpak-moeilijk-door-privacywet-je-weet-niet-met-wie-je-te-maken-hebt/

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