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Article 28 (right to rectification and destruction of police data)

  • 1

    The data subject shall have the right to obtain from the controller, at his or her written request, rectification of inaccurate police data concerning him or her and, taking into account the purpose of the processing, the right to have incomplete police data completed, including by means of a supplementary declaration. The request shall include the changes to be made.

  • 2

    The data subject shall have the right to obtain from the controller, upon his or her written request, the destruction of the police data concerning him or her without undue delay if the data are processed in violation of a legal requirement or to comply with a legal obligation. Instead of destruction, the controller shall ensure blocking if:

    • a.

      the accuracy of the data is disputed by the data subject and the accuracy or inaccuracy cannot be verified, in which case the controller shall inform the data subject before the blocking is lifted, or

    • b.

      records must be preserved as evidence.

  • 3

    The controller shall notify the data subject in writing within four weeks regarding the follow-up to his request.

  • 4

    The controller shall forward the rectification of the incorrect police data to the competent authority from which the data originated.

  • 5

    If the controller has rectified, destroyed or blocked police data, it shall notify the recipients.

Information valid on 01-01-2020

Regulations based on this article (delegated regulations)

No

Policies and circulars that have this article as legal authority

No

Articles or similar text referring to this article

  1. General administrative law
    annex: 1

  2. Policy rules on camera surveillance, Personal Data Protection Board
    text

  3. Penalty Policies Autoriteit Persoonsgegevens 2019
    annex: 4

  4. Regulation WPG Defense
    article: 5.2

  5. Law on use of passenger data to combat terrorist and serious crimes
    Article: 17

  6. Judicial and Criminal Records Act
    article: 38

  7. Police Data Act
    article: 36f, 24a, 24b, 35c, 4, 26, 27, 29

  8. BES Money Laundering and Terrorist Financing Prevention Act
    article: 3.3

  9. Money Laundering and Terrorist Financing Prevention Act
    section: 14

Summary of changes for this article

(01-01-2020)

Origination source

Entry into force

Effective date

Retroactivity

Subject

Signature

Announcement

Chamber documents

Signature

Announcement

Note

2019

modification

2018

Stb. 2018, 401

34889

2018

Stb. 2018, 495

2012

modification

2011

Stb. 2011, 490

32554

2012

Stb. 2012, 129

2008

new-arrangement

2007

Stb. 2007, 300

30327

2007

Stb. 2007, 549