Raad van State: more privacy and due diligence when changing gender or name

The Raad van State emphasizes that until now municipalities acted unevenly with such requests, which could lead to arbitrariness. With the new framework, civil registrars must base their decisions on verifiable criteria: there must be careful justification, consistent statements from the applicant and a balanced consideration of interests. The rejection of a request may not rest on moral or subjective grounds, but only on the legal and factual correctness of the registered data.

Especially relevant in gender and identity issues

The assessment framework also provides direction to municipalities for requests that do not strictly fall under the Transgender Act, such as situations in which a person no longer identifies with the previously registered gender but has not (yet) undergone a medical or legal transition. The Council warns that privacy, personal autonomy and the right to self-determination weigh heavily in decision-making. Municipalities are thus instructed to treat citizens carefully and individually.

Importance for privacy and data protection

The framework underscores the social sensitivity of changes in registered personal data. A change in the BRP has consequences for other government registries, the Tax Office and health insurers. The Raad van State therefore calls on municipalities to explicitly record how data is changed and with whom this information is shared, in line with the AVG. Transparency about processing and security of changes to the BRP is essential to maintain citizens' trust in the government, according to the opinion.

The new assessment framework takes effect immediately and applies as a guideline document for all municipalities. The Government Service for Identity Data (RvIG) is working on a supplementary manual to make the assessment framework workable in practice, according to the Council.

Download the Schedule Assessment Framework Rectification Requests here.