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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.

I process data under both the AVG and the Police Data Act. Do I need a separate processing register for this?

Suzanne Franken March 10, 2022

Question & Answer

ANSWER

No, the law does not call for separate registers. You can perfectly well expand the existing register to include a column (or property of a processing) that expands the options for processing bases: from six under the AVG to three more: Articles 8, 9 and 13. Or you can include a Wpg/ AVG column and define the basis depending on that choice.

The Privacy Law in Investigation course discusses in detail the confluence of the Police Data Act and the AVG. You will also learn what steps need to 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.

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.

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.

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