Article 36c (conversion of provisions to applicability Bonaire, St. Eustatius and Saba)

• 1

  For the application of:

  • a.

    Article 7, third paragraph, for "Article 272, second paragraph, of the Penal Code" read: Article 285, second paragraph, of the BES Penal Code;

  • b.

    article 10, first paragraph, under a, under 1° and 3°, for "article 67, first paragraph, of the Code of Criminal Procedure" read: article 100, first paragraph, of the Code of Criminal Procedure BES;

  • c.

    articles 10, second paragraph, under d, third paragraph, under c, fourth paragraph, under c, and 12, third paragraph, under c, for "extraordinary investigating officers as referred to in article 142, first paragraph, of the Code of Criminal Procedure" read: the extraordinary agents of police as referred to in article 184, first paragraph, of the Code of Criminal Procedure BES;

  • d.

    Articles 11, fourth paragraph, 14, third paragraph, 19, introductory sentence, and 20, first paragraph, for "the competent authority referred to in Articles 11, 12 and 14 of the Police Act 2012" read: the competent authority referred to in Articles 16 and 17 of the Curaçao, St. Maarten and Bonaire, St. Eustatius and Saba Police Act and Article 8 of the BES Security Act;

  • e.

    Articles 11, fourth paragraph, 14, third paragraph, 19, introductory sentence, and 20, first paragraph, for "the competent authority referred to in Articles 11, 12 and 14 of the Police Act 2012" read: 'the competent authority referred to in Sections 16 and 17 of the Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba Police Act, Section 17, second paragraph, of the Coast Guard Kingdom Act for Aruba, Curaçao and Sint Maarten as well as for the public entities of Bonaire, Sint Eustatius and Saba and Section 8 of the BES Security Act;

  • f.

    articles 18, second paragraph, 25, first paragraph (f), 29, second paragraph, 32, second paragraph, and 33, second paragraph, for "the Personal Data Protection Board" read: the BES Personal Data Protection Supervisory Commission, referred to in article 44 of the BES Personal Data Protection Act;

  • g.

    Article 23, first paragraph, instead of "openbaar ministerie as referred to in Article 16, first paragraph, subparagraph b," read: openbaar ministerie of Bonaire, St. Eustatius and Saba;

  • h.

    Section 24, first and second paragraphs, instead of "a member of the Board of Procurators General" read "the Procurator General, referred to in Section 2 of the Public Prosecutions Act of Curaçao, of St. Maarten and of Bonaire, St. Eustatius and Saba.

  • i.

    Article 25, paragraph 2, for "at various regional or national units of the police" read: at regional or national units of the police referred to in Article 25 of the Police Act 2012.

• 2

  Articles 1(h), 4(3), 4a, 4b, 4c, 6b, 6c, 7a, 15a, 17a, 24a, 24b, 31a, 31b, 32a, 33a, 33b, 35, 35a, 35b, 35c, 35d, 36 and 46 shall not apply.

• 3

  The controller shall implement appropriate technical and organizational measures to protect police data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network or the making available by direct automated access, and against all other unlawful forms of processing, taking into account in particular the risks represented by the processing and the nature of the data to be protected. Having regard to the state of the art and the cost of their implementation, these measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the police data.

• 4

  Articles 14, first, second, third and fifth paragraphs, 39 and 40 of the BES Personal Data Protection Act shall apply mutatis mutandis.

• 5

  The controller shall report the privacy officer referred to in article 34, first paragraph, to the BES Personal Data Protection Supervisory Commission.