Police, special investigation services and judicial authorities
Police, special investigation services, special investigating officers and judicial authorities are charged with monitoring public safety and investigating and prosecuting criminal offences. In order to do so, they have special powers. Special rules are also required for this task.
On this page
This is why not the GDPR, but the Directive on data protection in the law enforcement sector applies for the processing of personal data in the performance of that task.
In the Netherlands, this European directive has been implemented in:
- the Dutch Police Data Act (Dutch abbreviation: Wpg);
- the Dutch Judicial Data and Criminal Records Act (Dutch abbreviation: Wjsg).
Quick answers
Can I get access to my data at the Terrorist Finance Tracking Program (TFTP)?
Yes, you can. Article 15 of the TFTP agreement says that you have a right of access to your personal data. In addition, you have the right to ask for rectification and/or erasure of your data (Article 16 of the TFTP agreement).
The TFTP is an agreement between the United States (US) and the European Union (EU). Based on the TFTP, the US have access to European bank data. The American authorities are allowed to use these data for preventing and combating terrorist activities.
The Dutch Data Protection Authority (Dutch DPA) is the intermediary for TFTP requests. Do you want to make a request for access or rectification? Then contact the Dutch DPA. The Dutch DPA will send you the documents required for your request.
Note: you can only submit a TFTP request if you are an EU national or live permanently in one of the EU Member States.
The Dutch DPA forwards your request to the relevant authority in the US. And subsequently keeps you informed of the progress. Note: the response to your request may be very limited, given the nature of the TFTP.
You can find more informationunder Terrorist Finance Tracking Program (TFTP) on the website of the U.S. Department of the Treasury.
