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How can a municipality distinguish between Wpg and AVG processing in the case of boas that both supervise and perform investigative duties (the so-called two hats problem)?

October 28, 2025

Question & Answer

ANSWER

It is important for municipalities to clearly separate when police officers act on the basis of the Wpg (when investigating) and when on the basis of the AVG (when supervising). After all, both regimes have different obligations - for example, around logging, retention periods, disclosures and the obligation to document. The most practical solution is to keep the data flows separate, for example by: (i) working with two separate systems, or (ii) carefully labeling all processing (Wpg or AVG). Although labeling is an alternative, it is still little used in practice. Because of the varying rules, it is therefore usually best to separate processing operations technically and administratively.