Zeker een goed topic. Ik maak me al jaren kwaad over deze terreur naar burgers toe. Onze overheid gaat er ten onrechte vanuit dat ze voor altijd 100% te vertrouwen zijn. Maar ik vertrouw ze voor geen meter.
van
http://frontpage.fok.nl/nieuws/70057
"Nederland scoort slecht op het gebied van privacywaarborging. Electronic Privacy Information Center en Privacy International hebben een rapport uitgebracht, waarin de privacy van burgers in zeventig landen onder de loep wordt genomen. Nederland doet het daarin erg slecht en bevindt zich vergeleken met andere Europese landen in de onderste regionen."
http://www.privacyinterna...2005/PHR2005lith-peru.pdf
http://www.privacyinterna...rvey/phr2005/phrtable.pdf
Het stuk over nederland:
"Kingdom of the Netherlands
Constitutional Privacy Framework
3847
The Constitution grants citizens an explicit right to privacy. Article 10 states: "(1) Everyone shall
have the right to respect for his privacy, without prejudice to restrictions laid down by, or pursuant to,
Act of Parliament. (2) Rules to protect privacy shall be laid down by Act of Parliament in connection
w
3849
The Personal Data Protection Act of 2000 (PDPA) is a revised and expanded version of the Data
Registration Act of 1998 that brings Dutch law in line with the European Union Data Protection
Directive (95/46/EC) and regulates the disclosure of personal data to countries outside of the
European Union. The law went into effect in September 2001 and is scheduled for an evaluation in
2006.
Data Protection Authority
The Dutch data protection authority (College Bescherming Persoonsgegevens, or CBP) exercises
3850
supervision of the operation of personal data files in accordance with the PDPA. Previously
known as the Registratiekamer, the CBP's functions have remained largely the same with the
implementation of the PDPA, although it has been given new powers of enforcement. It can now
apply administrative measures and impose fines for non-compliance with a decision. It can also levy
fines, of up to EUR 4,540, for breach of the notification requirements. Otherwise, the CBP advises the
government, deals with complaints submitted by data subjects, institutes investigations and makes
recommendations to controllers of personal data files.
In 2004, the CBP investigated 409 complaints. The CBP also dealt with 56 ex-officio investigations,
nine complaints concerning codes of conduct, 34 advisories to government on new legislation. The
CBP also conducted 2,778 information and advisory services (letters and e-mails): 2,778 and 4,866
3851
telephone helpdesk. The Dutch DPA has 64.5 full-time positions. The following are the main
departments/positions: three commissioners (full-time); legal department; intervention, complaints
and appeals department; investigations department; communication and front office; and, support
3852
staff. The CBP generally relies on a network of privacy officers within companies and
(government) institutions to produce annual privacy reports and discuss procedures with the CBP.
Currently, there are 170 privacy officers in the Netherlands. The CBP issues reports on a regular basis
about the implementation of and compliance with privacy regulations. In April 2002, it issued updated
guidelines on e-mail and Internet privacy in the workplace. The guidelines favor of a balanced and
common-sense approach to e-mail and Internet monitoring at the workplace. It concludes that,
although employees retain a reasonable expectation of privacy in the workplace, employers should be
3853
entitled to monitor e-mail and Internet use under certain conditions.
In its 2004 annual report,3854 the CBP expresses its concern about the current public debate in which
there has, for some years, "been a strong erosion and politicisation of the term 'privacy.' " Privacy
seems to be looked upon as "a vaguely defined interest that supposedly prevents administrators and
professionals from realising politically and socially desirable objectives."3855 The report also
mentions the popular "privacy-bashing" among politicians, administrators and chiefs of police.
recurring cover for the lack of decisiveness or successful action on the part of organisation in
question."3857 "In the eyes of some parties the Dutch DPA is an 'administrative burden' rather than
the 'privacy watchdog.' "3858
Wiretapping and Surveillance Rules
The CBP's 2004 annual report also mentions various new acts and government plans to new methods
and powers for combating terrorism. The CBP is especially critical of the so-called Counter-terrorism
Info Box, a information-sharing infrastructure in which the security services, the police, the Public
Prosecution Service and the IND (Immigration and Nationalization Service) participate. The system
facilitates the comprehensive collection, linking and analysis of information about groups and persons
as the key to preventing terrorism. For this purpose, the government finds it necessary to extend its
investigative powers. It announced it would reduce the legal criterion for the authorization of such
actions as tapping telephones, monitoring Internet use and surveillance from "suspicion or reasonable
suspicion of involvement" to "indications of involvement." According to the plan, the mere fact that a
citizen acts suspiciously is sufficient reason to put him under surveillance to assess whether the
suspicion is justified or not. The CBP concluded that the necessity for an expansion of the powers to
collect information had not been demonstrated and that the proposed far-reaching coordination of the
gathering of information fails to recognize the separate legal responsibilities and powers of
intelligence services and the police. The report also discusses European data retention proposals,
passenger data sharing with the United States, the new biometric passport, the duty of identification,
camera surveillance, the Citizens Service Number and data-sharing between doctors and insurance
companies under the new Health Insurance Act.3859
3860
Pursuant to the Personal Data Protection Act (PDPA), the Decree on Regulated Exemption has
been enacted to exempt certain organizations from the registration requirements of the PDPA. There
3861 3862
are also sectoral privacy laws regulating the Dutch police, medical exams, medical
(ISP) XS4ALL, refused to conduct a broad wiretap of the electronic communications of one of its
3870
subscribers. The costs of installing the required wiretap technology will have to be financed by the
telecommunications providers themselves. The Netherlands Radiocommunications Agency is
3871 Internet
responsible for enforcing the wiretap capabilities of the telecommunication sector.
provider XS4ALL launched a court case in March 2005 against the Dutch State, seeking
compensation for the cost of making its network ready for wiretaps. XS4ALL claims to have invested
about EUR 500,0000 since the end of 2001 to comply with the requirements for lawful interception, a
significant percentage of its net profit. XS4ALL considers it unreasonable that these costs are not
reimbursed, because these investments are made purely in the general interest of law enforcement and
do not benefit the provider in any way. According to XS4ALL, the law requiring providers to pay for
the costs of wiretapping is a violation of property rights and an obstruction to freedom of speech.
Moreover, the cost division also violates the principle of equal discharge of public burdens and
European rules on free movement of services.3872 By a decree, the government ordered a dramatic
3873
without access to traffic data, with the exception of large fraud investigations. The Minister of Justice
did not send the report to parliament claiming it was "not representative."3886 In April 2005, the
Minister of Justice announced that new research would be conducted into the necessity and
3887
effectiveness of mandatory data retention. According to a December 2004 study by KPMG into
the costs of mandatory data retention, Internet providers will face investments of millions of euro. The
Dutch study is the only government study in Europe, so far, that made the costs of data retention
public. In November 2004, 246 Dutch ISPs and 23 other organizations send a petition to parliament
asking for attention to the negative effect on innovation, privacy and costs. In April 2005, Bits of
Freedom and the Dutch Consumer Association asked parliament to consider the effect on the freedom
3888
of communication, costs and the lack of proven necessity.
There have been several proposals over past years to grant law enforcement increased authority. In
2001 the Mevis Committee issued a report proposing a wide range of increased powers for police to
allow them to carry out "pro-active investigations" (verkennend onderzoek). The proposals would
grant police access, without the need to obtain judicial warrants, to the personal information of whole
groups of citizens stored by a wide variety of private entities, such as banks, telephone companies,
3889
credit card companies, hospitals and travel agents, in order to determine crime patterns. The Mevis
Committee specifically recommended that telecommunications data be excluded from the
constitutional right to confidential communications, stating that it should not be necessary for police
3890
to always obtain a warrant to intercept communications. A draft law with the Mevis proposals
(Wet vorderen gegevens) was passed by the House of Representatives and is now being considered by
the Senate. The Federation of Organisations of Libraries (FOBID) has asked the Senate in the April
2005 letter not to pass the law fearing a chilling effect on the use of libraries when law enforcement is
of four years or more. The mouth swab sample will be investigated by the Netherlands Forensic
3901
Institute (NFI) in order to determine the DNA profile.
In March 2005, the Netherlands National Commission for Unesco published recommendations on
human rights and Internet, following a conference held on February 4 and 5. The recommendations
focus on privacy, the right of freedom of expression and the right to communicate, including access to
the vast cultural, educational and scientific heritage of mankind. On privacy, the recommendations
call on States to "[a]cknowledge that privacy is an indispensable prerequisite to the right of freedom
of expression and the right to communicate. Online as well as off-line, readers, listeners and viewers
have a right to the same high level of privacy and anonymity. If online access to information is
tracked and tied to detailed personal profiles, self-censorship is imminent and - more important still -
3902
the public debate and the rule of law are eroded."
Starting in 2004, the use of covert video surveillance in public places requires notice. The Hidden
Camera Surveillance Act 2003 (Heimelijk Cameratoezicht) makes it unlawful to use hidden cameras
in public places without notification. The use of hidden cameras in the workplace remains lawful if
there is a suspicion of criminal behavior and if workers are notified of the likelihood of video
surveillance. Journalists can still use hidden cameras for their work. A November 2003 report by the
Dutch Data Protection Authority concludes that about half of the local governments that use camera
surveillance for public order purposes had not evaluated its effectiveness. Only one in five monitors
In May 2004, the Parliament passed the law on e-commerce (Wet elektronische handel) that
implements the EU E-Commerce Directive (2000/31/EC). Under the law, hosting providers risk
liability for apparently illegal content from their customers. Once they are notified, and the
unlawfulness is "apparent," providers should take immediate action to block or remove the content.
There is no unified notice and takedown procedure in the Netherlands that implements these legal
obligations. In September 2004 Bits of Freedom conducted research into the notice and takedown"
:strip_icc():strip_exif()/u/183960/crop60ab9f3fd6edc_cropped.jpg?f=community)
:strip_icc():strip_exif()/u/36378/crop5a3f931ecfec0_cropped.jpeg?f=community)
:strip_icc():strip_exif()/u/6995/crop5778dcb1264b5_cropped.jpeg?f=community)
:strip_exif()/u/79661/vorm.gif?f=community)
:strip_icc():strip_exif()/u/29007/crop592572815b642.jpeg?f=community)
:strip_icc():strip_exif()/u/106218/wc-backbone.jpg?f=community)
/u/3586/bismarck.png?f=community)
:strip_exif()/u/23095/anda-icon-scaled.gif?f=community){kind=icon}
:strip_icc():strip_exif()/u/89806/avatar_spockz.jpg?f=community){kind=avatar}
:strip_icc():strip_exif()/u/25814/camus_small.jpg?f=community)
):strip_icc():strip_exif()/u/97203/benoni01.jpg?f=community)
:strip_icc():strip_exif()/u/133089/crop56e88f2ea73bb_cropped.jpeg?f=community)
/u/2762/crop6086aefd668e4.png?f=community)
