The 2007 International Privacy Ranking
Leading surveillance societies in the EU and the World 2007
NETHERLANDS
- Constitutional protection in Article 10, Article 12, and 13; moves to change the constitution to be more technology neutral were postponed
- Comprehensive privacy law and sectoral protections
- Data Privacy Authority can apply administrative measures and impose fines; and posts advisories to government on new legislation; extensive work in the area of medical records in 2007
- Growth of corporate privacy officers across the country
- Court order required for interception, except for the intelligence services who are authorised by the Minister of Interior; controversies and court cases over the burden to industry
- Access to traffic data by order of the public prosecutor, but for serious offences (where punishment is imprisonment for four years or more); though subscriber data can be accessed by police in case of mere suspicion. Parliament rejected proposal to notify suspects after subscriber data has been accessed.
- In 2007 government moved to implement data retention directive with 18 months period, despite concerns from Authority
- Continued proposals to increase power of law enforcement agencies
- Plans to implement in 2008 a database of all children to record development from birth
- New plans for expanded use of biometrics
- DNA collected on all convicted of serious crimes
- Compulsory identification for all persons from age of 14, where 5300 individuals are fined every month for not carrying ID
- Passport includes fingerprints and facial images, and government proposed in 2005 that a centralised register be created
- Law from 2003 makes it unlawful to use hidden cameras in public places without notification; cameras can otherwise keep images for 4 weeks for the purpose of keeping public order
- Courts have ruled that subscriber data can be disclosed to copyright industry, and anonymous website owners
- Ratified Cybercrime convention