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PONT Data&Privacy

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Privacy in criminal investigations

Privacy in de opsporing gaat over de bescherming van persoonsgegevens binnen politie, opsporingsdiensten en strafrechtelijke handhaving. Het dossier belicht hoe opsporing en veiligheid zich verhouden tot privacy, mensenrechten en rechtsstatelijke waarborgen, binnen een steeds verder digitaliserende en datagedreven praktijk.

The Police Data Act uses different processing periods depending on the basis on which data is processed. For example, Articles 8 and 9 have a different processing period than Article 13. Does the processing period restart when the basis changes from Article 8/9 to Article 13?

Suzanne Franken March 10, 2022

Question & Answer

ANSWER

Yes, once data is processed under Article 13, the time limits as stipulated in those Article 13 regulations apply. The purpose of the processing determines the time limits under Section 13, and those time limits should be specified in the Section 13 regulations. See the Retention Period Guide on the BRS information page.

The course Privacy Legislation in Investigation deals extensively with the Police Data Act. For example, you will learn what steps must be taken to comply with the Wpg, how data can be shared and how data from investigation activities can be used in surveillance work. Click here for more information.

Privacy laws in detection

You will be informed about legislation that applies to data processing by BOAs. You will learn when your BOAs must comply with the Wpg, when with the AVG and what the main differences are. You will also learn what steps need to be taken to comply with the Wpg.

Undermining and Processing of Personal Data.

This course discusses the legal framework for data processing when dealing with undermining. It discusses how to determine which processing of personal data is and is not permitted and why. In particular, the sharing of personal data within and outside one's own organization will be discussed, as well as the requirements for processing personal data. After this course you will be fully aware of the main issues, recent experience and case law and you will be able to identify problems in this area in practice.

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