The KNLTB has noted with surprise the €525,000 fine imposed by the Personal Data Authority (AP) for alleged privacy violations. The relevant actions for which the tennis association was fined were carried out within the framework of association law and in accordance with the Sport & Privacy Handbook, drawn up on behalf of NOC*NSF. The KNLTB fears that the ruling will make the sport more expensive and jeopardize support for associations. NOC*NSF shares this concern and strengthened by this support, the KNLTB opposes the AP's decision.
The tennis association has always been careful with members' personal data and has been open and transparent about its policy on sharing personal data. The KNLTB has been fined for two actions carried out in 2018 with partners that involved sharing personal data from a selection of the KNLTB membership database to create added value and direct benefit from KNLTB membership.
The KNLTB based these actions on the basis of 'legitimate interest', as described in the General Data Protection Regulation (AVG). Members were informed in detail prior to the actions and were able to unsubscribe easily. Professor of Sports Law Marjan Olfers gives her opinion on the AP's fine: "the tennis association did everything possible to stay within the AVG."
Robert Jan Schumacher, KNLTB Services Director: "The KNLTB has been working with partners for years to allow members to benefit from relevant offers. In addition, with these partnerships we generate income for the sport of tennis in the Netherlands. This is how we keep tennis accessible and affordable for everyone."
The AP's ruling has far-reaching consequences for all athletes, all sports associations and all sports federations in the Netherlands. Schumacher: "The AP's ruling means that members will no longer be able to benefit from added value through cooperation with partners, which will make practicing their sport more expensive. In addition, sports associations will be less attractive for sponsorships and thus the support of associations will be at risk."
NOC*NSF also expresses surprise at the AP's decision. John Bierling, business director NOC*NSF: "Also in sports, the application of the AVG has proven to be very complex in practice. It is of great importance that the Personal Data Authority together with organized sport refines and elaborates the existing open standards. It would be good if the Personal Data Authority would take up its educational and guiding role. The Authority skipped this step and went straight to enforcement. Because NOC*NSF is still in discussion with the AP on behalf of the sport, NOC*NSF is surprised that we are now unpleasantly surprised in this way with the way the AP wants to interpret the AVG. This cannot be the intention and is worrisome." The full response can be found on the NOC*NSF website.
The NOS website features a report including a reaction from Robert Jan Schumacher (director of services at the KNLTB), Marjan Olfers (professor of sports and law at the Free University) and VVD member Rudmer Heerema.
This news item can also be found in the AVG file
