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Police Netherlands defy court order: internal data policy structurally violates Wpg

The police repeatedly refuse to comply with court orders demanding access to its data systems, according to a series of cases highlighted by Follow the Money. This leaves citizens uncertain about what information the police are collecting about them, often in violation of the law. Courts can do little more than award damages due to a lack of injunctive relief. Last month, Follow the Money also revealed that the Police Netherlands had not deleted data on citizens for years, again in violation of the Police Data Act (Wpg).

November 29, 2024

 

Van der Linde case study

The case of activist Frank van der Linde illustrates the issues. He was wrongly placed on a terrorist watch list (CTER) and subjected to surveillance by police and international agencies. Despite a court order to allow an independent forensic investigator access to the systems, the police blocked this attempt, citing an alleged lack of legal basis. The Personal Data Authority (AP) denies the exclusive authority attributed to it by the police. Under the General Administrative Law Act (Awb), the police must cooperate with a court order to investigate. According to Follow the Money's reporting, the police's structural refusal to share data goes beyond individual cases. Mass storage of personal data - including innocent citizens, victims and witnesses - takes place without a legal basis, according to the report. Internal audits have been pointing to non-compliance with the Police Data Act for years. Not only is data not destroyed, but there is a lack of understanding of who has access to what information.

Data hunger; lack of checks and balances

Meanwhile, police powers are being expanded. New legislation will allow police to read messages in closed chat groups even before crimes have been established, also known as predictive policing. Combined with the already extensive use of data, the potential for violations of fundamental rights is growing. Experts and the National Ombudsman warn of a growing power imbalance between the executive and controlling powers. Professor Reijer Passchier argues for new checks and balances. Control over data collection and use by the police is essential to prevent mass surveillance and abuse. He argues that current practice puts severe pressure on the right to privacy and undermines the rule of law. "Digitalization only makes the executive more powerful. The controlling power is getting less and less grip on executive power. This case shows that the problem is getting further out of control. New checks and balances are needed. Otherwise, citizens will be in trouble." Read the full article here.

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