The proposed Data Processing by Collaborative Groups Act (WGS) gives government organizations as well as private parties very broad powers to share personal data with each other. This can have major consequences for people who end up 'on the wrong list'. The Autoriteit Persoonsgegevens (AP) is therefore calling on the Senate not to adopt this bill in its current form.
So writes the AP in an opinion requested by the Senate. The current proposal has already been adopted by the House of Representatives. Earlier, the AP advised critically about the first version of the WGS and the second version of the WGS.
Collaborative relationships are associations of government agencies and private parties that share data and process it jointly. For example, in cases of suspected fraud or organized crime.
The bill makes legal provision for the following partnerships to share data with each other and with other parties, such as banks:
Financial Expertise Center (FEC);
Infobox Criminal and Unexplained Assets (iCOV);
Regional Information and Expertise Centers (RIECs);
Care and Safety Houses (ZVHs).
Under the proposal, the government may later designate new partnerships, which again may share data.
AP Chairman Wolfsen readily acknowledges that tackling 'undermining' crime is very important. 'But you have to get that right. We have seen from the Supplements affair and the FSV scandal how people can get into trouble. This bill goes further. It also goes further than the strongly criticized SyRi.'
'This bill makes it possible for many more agencies to share personal data with each other, without any obvious concern. And not only government agencies, also private parties. Here lurks the risk of mass surveillance.'
'That can have far-reaching consequences. Even for ordinary, unsuspecting people. Of course it should not be possible for you to end up on the wrong list because your jealous neighbor reported that you have a very expensive car for your salary. And that you can't get a mortgage as a result. This law does not clearly exclude that.
The purpose of the collaboratives to share, store and analyze personal data on a large scale is not defined clearly enough in the bill. According to the government, each collaborative involves "important public interests. But it does not clearly state which ones exactly.
Wolfsen: "Suppose a partnership wants to share personal data for the purpose of combating 'serious crime.' But what counts as serious crime? Are we talking about murder? Drug trafficking? Enormous fraud or also the suspicion that the treasurer of the sports club once pocketed 50 euros? Where is the line? That has to be very clear if you want to infringe so much on people's privacy.
In addition, iCOV also wants to share data to "monitor the proper functioning of the market.
Wolfsen: "That, of course, is absolutely not a legitimate purpose to process people's data on such a scale.
According to the bill, partnerships are allowed to get to work sharing and analyzing data with each other as early as "a signal. That signal is vaguely defined. And already at 'a first suspicion of unlawful activity' they can share data with 'other parties' if necessary. It also doesn't say which 'other parties' are involved. This means that someone can be put through the wringer very quickly.
Moreover, these are broad categories of personal data that cooperatives are allowed to share with each other. For the RIEC, for example, this includes citizen service numbers, residential situation, residence status, financial data, police data and even data about sexual behavior and sexual orientation. Moreover, it involves data not only from people themselves, but also from their family and friends.
Finally, the bill provides that the government can designate new partnerships by executive order. This is legislation that the Senate and House of Representatives cannot amend.
Wolfsen: 'The bill opens the door wide for unlimited surveillance by an unlimited number of parties, public and private. And does not involve parliament as it should. We therefore strongly advise the Senate not to adopt this bill.'
Download the "Opinion Amended Proposal WGS here.
