Article 36e (provision to Dutch investigative agencies and the openbaar ministerie and to third countries and international organizations)

• 1

  Police data may be provided to the controllers referred to in Article 1(f) to the extent necessary for the proper performance of the police task referred to in Article 36b(1)(a) or the police task in the European part of the Netherlands.

• 2

  Police data may be provided to members of the openbaar ministerie of the European part of the Netherlands to the extent that they need it in connection with their authority or control over the police or over other persons or bodies charged with the investigation of criminal offenses, and for the performance of other duties assigned to them by or under the law.

• 3

  Police data can be provided to investigating officers employed by a special investigation service in the European part of the Netherlands to the extent that they need it to perform their duties.

• 4

  Police data may be provided to an international body or to an international criminal court to the extent required by a treaty.

• 5

  Police data may be provided to authorities in a country within the Kingdom or to another country charged with carrying out the police task, or parts thereof, to the extent necessary for the proper performance of the police task in Bonaire, St. Eustatius and Saba or the police task in the country in question.

• 6

  Police data shall be provided or transferred pursuant to paragraphs 4 and 5 only if the recipient country or international body ensures an adequate level of protection for the intended data processing. The adequacy of the level of protection shall be assessed taking into account all the circumstances affecting the transfer of data or a group of data transfers. In particular, the nature of the data, the purpose and duration of the intended processing and processing operations, the country of origin and the country or international body of final destination of the data, the general and sectoral rules of law applicable in the third country or international body, as well as the professional codes and security measures applicable in the country or for the body shall be taken into account.

• 7

  Notwithstanding the sixth paragraph, police data may be provided or transmitted if:

  • a.

    it is necessary for the specific interests of the data subject or an urgent important public interest, or

  • b.

    the relevant country or receiving international body provides appropriate guarantees for careful data processing in the concrete case.

• 8

  By general order in council, further rules will be laid down on the provision or transfer of police data referred to in paragraphs four to seven, as well as on the further processing and the conditions to be imposed on the use thereof by recipient authorities or international bodies and on the receipt of police data from abroad.