The Dutch government and Parliament aim to quickly introduce the privacy-violating Tapping law. A coalition of privacy advocates will start interim injunction proceedings to prevent this from happening. Implementation of unaltered Tapping law imminent In recent months, there has been a thorough public debate in the Netherlands about the new Dutch Intelligence and Security Services Act, the so-called ‘Tapping law’. In a referendum that was held on 21 March 2018, a majority of the Dutch citizenry voted AGAINST this act. In response to this, the Dutch government has promised only a few minor, superficial policy changes as well as a few non-fundamental legislative amendments. Both the Dutch government and the House of Representatives have with full intent pushed for a…
On November 2nd 2016, the Dutch House of Representatives will address a controversial legislative proposal that will introduce four week storage of the travel movements of all motorists in the Netherlands. In case both chambers of Dutch Parliament adopt this proposal, Privacy First will try to overturn this in court. Large scale breach of privacy It is Privacy First’s constant policy to challenge large scale privacy violations in court and have them declared unlawful. Privacy First successfully did so with the central storage of everyone’s fingerprints under the Dutch Passport Act and the storage of everyone’s communications data under the Dutch Telecommunications Retention Act. A current and similar legislative proposal that lends itself for another major lawsuit is legislative proposal 33542 (in…
Mass storage of fingerprints violates the right to privacy  Following the Court of Appeal of The Hague, today the Dutch Council of State (Raad van State) judged that municipal (‘decentral’) storage of fingerprints under the Dutch Passport Act is unlawful on account of violation of the right to privacy. The Council of State reached this conclusion in seven administrative law cases of Dutch individual citizens (supported by civil organization Vrijbit). At the start of 2014, the Court of Appeal of The Hague handed down a similar ruling in the civil Passport case by the Privacy First Foundation and 19 (other) citizens against the Dutch government. Subsequently however, our Passport trial was declared inadmissible by the Dutch Supreme Court and was redirected to…
In the Dutch Citizens v. Plasterk case about the international exchange of data between secret services, the coalition of citizens and organizations (including Privacy First) has explained its appeal before the Hague Court of Appeals. In its statement of appeal, which was submitted to the Court on 2 February 2016, the coalition details why the ruling of the district court of The Hague (in Dutch) is wrong.   In summary, the district court of the Hague has ruled that the collaboration and exchange of data on the basis of trust between Dutch secret services and foreign secret services (among which the American NSA) may simply be continued. According to the judge, the importance of national security is the determining factor, thereby essentially…
Today the Privacy First Foundation and three other public interest groups as well as a number of Dutch individual users of Facebook, WhatsApp and Instagram request Mark Zuckerberg to join the public debate following the landmark Schrems-judgment of the European Court of Justice. On 6 October 2015, the European Court of Justice invalidated the Safe Harbour Decision, which was the basis for Facebook’s transfer of personal data from the European Union to the United States. The Grand Chamber of the Court found that the legislation of the United States fails to ensure a level of protection essentially equivalent to that guaranteed in the legal order of the European Union. The NSA has access to Facebook content of users from the…
After years of legal proceedings against the storage of fingerprints under the Dutch Passport Act — one of the gravest privacy violations in the Netherlands — Privacy First and 19 co-plaintiffs were declared inadmissible by the Dutch Supreme Court.Since May 2010, a large-scale lawsuit against the central storage of fingerprints under the Dutch Passport Act by Privacy First and 19 co-plaintiffs (Dutch citizens) has been under way. This so-called 'Passport Trial' was a civil case because with regard to the merits of the case, individual citizens were not able to turn to an administrative court. Citizens could only go to an administrative court if they would first provoke an individual decision: an administrative refusal to issue a passport or ID…
Today the district court of The Hague has rendered the Dutch Data Retention Act inoperative in a break-through verdict. The judge did so at the request of the Privacy First Foundation and six other organizations. This puts an end to a massive privacy violation that lasted for years: retaining the telecommunications data of everyone in the Netherlands for criminal investigation purposes, which made every Dutch citizen a potential suspect.Broad coalition of civil society organizations Under the 2009 Dutch Data Retention Act, the telecommunications data (telephony and internet traffic) of everyone in the Netherlands had to be retained, for 12 months and 6 months respectively, for criminal investigation purposes. In interim injunction proceedings against the Dutch government, a broad coalition of…
A broad coalition of organizations and companies is starting interim injunction proceedings against the Dutch government. The Privacy First Foundation, internet provider BIT, the Dutch Association of Journalists and the Dutch Association of Defence Counsel among others are demanding the abolition of the Dutch Telecommunications Data Retention Act. The Dutch Council of State and the European Court of Justice have already ruled that the Act is in violation of fundamental rights that protect private life, communications and personal data. However, the Dutch government refuses to render the Telecommunications Data Retention Act inoperative.On 8 April 2014 the European Court of Justice declared the European Data Retention Directive (2006/24/EC) invalid with retroactive effect. According to the Court, retaining communications data of everyone without…
Today the district court of The Hague ruled in the case Citizens v. [Dutch Minister of Home Affairs] Plasterk ("Burgers tegen Plasterk"). In this lawsuit a coalition of citizens and organizations (including Privacy First) demands the Dutch General Intelligence and Security Service (AIVD) and the Dutch Military Intelligence and Security Service (MIVD) to put an end to the receipt and use (''laundering'') of illegally collected foreign intelligence on Dutch citizens, for example through the infamous PRISM program of the American NSA. Unfortunately the court has rejected all of the claims. Below are some first observations by Privacy First.A positive aspect of the judgment is that the court deems all plaintiffs (citizens and organizations) admissible. This is a very welcome development…
In a groundbreaking judgment, the Hague Court of Appeal has today decided that centralised storage of fingerprints under the Dutch Passport Act is unlawful. The Privacy First Foundation and 19 co-plaintiffs (Dutch citizens) had put forward this legal issue to the Court of Appeal in a so-called 'action of general interest' ("algemeen-belangactie"). In February 2011, the district court of The Hague had declared Privacy First inadmissible. Because of this, the district court couldn't address the merits of the case. The Court of Appeal has now declared Privacy First to be admissible after all and has quashed the judgment of the district court. Moreover, the Appeals Court deems centralised storage of fingerprints under the Dutch Passport Act to be unlawful since it violates the right to privacy. Therefore it…
Page 1 of 2

Our Partners

logo Voys Privacyfirst
logo greenhost
logo platfrm
logo AKBA
logo boekx
logo brandeis
 
 
 
banner ned 1024px1
logo demomedia
 
 
 
 
 
Pro Bono Connect logo 100
IIR banner

Follow us on Twitter

twitter icon

Follow our RSS-feed

rss icon

Follow us on LinkedIn

linked in icon

Follow us on Facebook

facebook icon