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NETHERLANDS: DATA RETENTION: Dutch DPA opinion about post-ECJ data retention bill: “disproportionate infringement of private life”

16 February 2015

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"The Dutch DPA notes the government holds on to a general data retention obligation. The Dutch DPA therefore concludes the infringement of the private life of virtually all Dutch citizens is too big and disproportionate.

It furthermore finds that 3 other preconditions have not been met that remain important, even if the data retention obligation were to be restricted. These are:

1. the need to inform people that their data have been accessed after a criminal investigation has been finalised;
2. transparency on the use of retained data, for example through the release of statistics on the number of times data have been accessed;
3. the need to introduce exemptions for those bound by a duty of professional confidentiality."

See the full text: Dutch DPA opinion about post-ECJ data retention bill: “disproportionate infringement of private life” (link)

See also: Dutch DPA says government's data retention plans still illegal - Watchdog wants legislation canned (The Register, link)

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