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"Twelve organizations teamed up to file a lawsuit to stop the implementation of a new data mining law in the Netherlands. The new law was adopted by the Dutch Senate on Tuesday and gives the intelligence services more capabilities to spy on internet traffic on a large scale. "We trust that the Dutch judges will pull the brake and say: this law goes too far", human rights lawyer Jelle Klaas, who is representing the coalition of organizations in their lawsuit, said to RTL Nieuws. The coalition includes the Public Interest Litigation Project, civil rights organization Privacy First, the Dutch Association of Journalists, the Dutch Association of Criminal Law Attorneys and the Platform for the Protection of Civil Rights. According to…
Tomorrow morning the Netherlands will be examined in Geneva by the highest human rights body in the world: the United Nations Human Rights Council. Since 2008, the Human Rights Council reviews the human rights situation in each UN Member State once every five years. This procedure is called the Universal Periodic Review (UPR). Privacy First shadow report During the previous two UPR sessions in 2008 and 2012, the Netherlands endured a fair amount of criticism. At the moment, the perspectives with regard to privacy in the Netherlands are worse than they’ve ever been before. This is reason for Privacy First to actively bring a number of issues to the attention of the UN. Privacy First did so in September 2016 (a…
After numerous lawsuits in various European countries, the decision has finally been made: in a break-through ruling, the European Court of Justice has decided this week that a general requirement to retain telecommunications data (data retention) is unlawful because it is in violation of the right to privacy. This ruling has far-reaching consequences for surveillance legislation in all EU member States, including the Netherlands. Previous data retention in the Netherlands Under the 2009 Dutch Data Retention Act, the telecommunications data (telephony and internet traffic) of everyone in the Netherlands used to be retained for 12 months and 6 months, respectively, for criminal investigation purposes. This legislation stemmed from the 2006 European Data Retention Directive. However, in April 2014 the European…
EU Passenger Name Records: every airline passenger a potential suspect. Today is a historic day in both a positive and a negative sense: on the one hand European Parliament has taken an important step forward in the area of privacy by adopting the General Data Protection Regulation. On the other hand, that same parliament has today concurred with large-scale storage of data of European airline passengers. As a result, every airline passenger becomes a potential suspect. The General Data Protection Regulation will replace national privacy legislation in all EU Member States (this includes the Dutch Data Protection Act, Wet bescherming persoonsgegevens) and, in broad terms, will lead to better privacy protection throughout the European Union. Privacy Impact Assessments and Privacy…
Privacy First is considering taking legal steps. Without any regard to all the privacy objections, this week the European Parliament has voted in favor of mandatory introduction of the eCall system in new cars. This system forms a direct threat to the privacy of every motorist. In case the European Council (i.e. a majority of EU Member States) approves the decision of the European Parliament, the eCall device will become mandatory in every car in Europe as of October 2015. Privacy First demands that eCall will become voluntary instead of mandatory and to this end is prepared to start a lawsuit if necessary. In case of a road accident eCall automatically alerts the emergency services by calling 112. However, the…
At the end of this summer our colleagues from Bits of Freedom will once again be organizing the annual Big Brother Awards. Below are our nominations for the biggest Dutch privacy violations of the past year: Automatic Number Plate Recognition plans from Minister OpsteltenIf it’s up to the Dutch Minister of Security and Justice, Ivo Opstelten, the travels of every motorist in the Netherlands will soon be stored in a police database for four weeks through automatic number plate recognition (ANPR) for criminal investigation and prosecution purposes. This means that, in the view of Mr. Opstelten, every motorist is a potential criminal. Privacy First deems this proposal absolutely disproportional and therefore in breach with the right to privacy as stipulated under Article 8 of the…
The Dutch Ministry of the Interior is currently conducting an assessment of the fundamental rights situation in the Netherlands. Later this year this will probably result in a report called ‘De Staat van de Grondrechten’ (‘The State of Fundamental Rights’) and an accessory entitled ‘Nationaal Actieplan Mensenrechten’ (‘National Human Rights Action Plan’). In this context the Ministry recently requested input from several NGOs, among which Privacy First. Below is our advice: Top 7 of issues that deserve a place in the State of Fundamental Rights and the National Human Rights Action Plan: 1. Active adherence to as well as protection, fulfilment and promotion of the right to privacy Clarification: privacy is both a Dutch constitutional right as well as a universal human right. As with…
Earlier this year the Dutch Minister of Justice and Security Ivo Opstelten came up with the miserable plan to authorize the Dutch police force to hack into your computer (both at home and abroad!) and to enable the police to demand that you decrypt your encrypted files in the presence of a policeman and obediently hand them over to the State. In the context of an online consultation (in Dutch), Privacy First notified to the Minister that it has a number of principal objections against his plans: Your Excellency, The Privacy First Foundation hereby advises you to withdraw the legislative proposal ‘enforcement of the fight against cybercrime’ on the basis of the following eleven principal grounds: In our view, this legislative proposal…
Since September 2012, Dutch Minister Ivo Opstelten has been planning to equip the entire Dutch police force with Taser weapons. At the request of the Privacy First Foundation, the Dutch government will have to answer some tough questions about this before the UN Committee against Torture. One of the most important and most ratified human rights treaties in the world is the 1984 United Nations Convention against Torture. Under this Convention, torture is prohibited under all circumstances. Anyone who is guilty of torture anywhere in the world is to be prosecuted or extradited. This also applies to civil servants, ministers, presidents and heads of State. The Netherlands has been a party to the UN Convention against Torture since 1988. Periodically,…
From the response to Parliamentary questions (in Dutch) it emerged this week that there is no specific legal basis for the secret use of drones by police in the Netherlands. According to the Dutch Minister of Security and Justice Mr. Ivo Opstelten, the current use of drones for criminal investigation purposes is based on the general task of the police as described in Article 3 of the Dutch Police Act (Politiewet). However, this vague and brief provision was never designed for this purpose. Moreover, Article 8, paragraph 2 of the European Convention on Human Rights (ECHR) dictates that every governmental infringement on people's privacy has to be explicitly laid down in national legislation which is sufficiently accessible and foreseeable and contains guarantees against abuse (among…
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