In connection with implementation of the EU Directive on data processing for investigation and prosecution purposes, the Police Data Act and the Police Data Decree are being amended. This brings data processing by municipal boas under the scope of the Wpg and the Bpg. In this message you will get an explanation.
Through the amendment of the Wpg, parts of the Wpg are declared (by Order in Council) to apply mutatis mutandis to the processing of personal data by a Boa (art. 46 Wpg). This amended legislation states the manner in which data processing in the context of investigation and prosecution may take place between Boas and police and between Boas themselves. The relevant bill and the Police Data Extraordinary Investigating Officers Decree are still being drafted, but will enter into force in May 2018.
Boas and data processing
The EU directive has a lot of overlap with the General Data Protection Regulation (AVG), which also comes into force in May. Municipal boas typically have multiple roles. They are often hosts for the municipality, eyes and ears of the municipality in neighborhoods and districts, supervisors for the municipality and, finally, investigating officers. In all of these roles, the boas often also engage in data processing.
Only for data processing as investigating officers (the latter activity) do the boas fall under the scope of the EU Directive on data processing for investigation and prosecution, and soon also under the scope of the Wpg and the Bpg.
For data processing in the context of all the other mentioned activities, the boas fall under the scope of the AVG.
Implications for municipalities
Specifically, this means that municipalities must make a provision in their data processing systems for boas, which will allow a distinction to be made between, on the one hand, the data that boas process as part of their investigative duties and, on the other hand, the data they process as part of their other duties.
This could also be done by separately earmarking the data that the bailiffs process as part of their investigative task and regulating the authorization to process these data.
A logging obligation will also apply to the verification of the lawfulness of data processing, which boas carry out as part of their investigative task. The VNG advises municipalities to consider now how your data processing system can accommodate this or needs to be adjusted.
