Camera surveillance in traffic
Cameras along roads and motorways record number plates of passing vehicles. The police use these images for automatic number plate recognition (ANPR). Rijkswaterstaat and the provinces use the images for traffic studies.
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Number plates: ANPR
ANPR is a method to automatically compare photographed number plates with number plates in the police database. In this way, the police can identify suspects or fugitives, for example.
The automatic comparison can produce a hit. This is a signal that a number plate has been recognised and therefore appears in the police database. The police can then take immediate action. Such as collecting outstanding fines or impounding a car.
A no-hit means that a scanned number plate does not appear in the police database and that this number plate (and/or the person in whose name the number plate is registered) is, therefore, not flagged.
ANPR is permitted under certain conditions
By virtue of the Police Data Act (Wet politiegegevens, Wpg), the police may use ANPR under certain conditions to carry out day-to-day police tasks. But the police must take the privacy of motorists into account.
The police must also comply with the rules for the processing of personal data described in the Police Data Act. Such as the rule that processing is only permitted if it:
- is necessary for the purpose of the processing;
- is relevant to the purpose;
- is not excessive.
Scanning and retention
The police may use ANPR in the performance of their police duties. The police may, therefore, scan someone’s number plate if they drive past an ANPR camera. But retaining the number plates of everyone on this route is not permitted.
If a scanned number plate leads to a hit after comparison, the police may retain the number plate and information about where and when the vehicle was observed for as long as this is necessary for the stated purpose.
Scanned number plates that do not lead to a hit must normally be destroyed immediately by the police. Unless the police use the number plate data to investigate a crime or fugitives. In that case, the police may retain and view the data for 28 days. This is stated in Article 126jj of the Dutch Code of Criminal Procedure.
Traffic studies
One of the tasks of Rijkswaterstaat and the provinces is to ensure better traffic flow on the roads. They can conduct traffic studies for this purpose. They then use the registered number plates to send people an invitation for a traffic survey. They do this by requesting the addresses associated with the number plates via the vehicle registration register.
Quick answers
Can Rijkswaterstaat use my number plate for a traffic survey?
Rijkswaterstaat may use your number plate to find out your address and send you an invitation for a traffic survey. They don’t need your consent for this. However, Rijkswaterstaat must adhere to a number of conditions.
Necessity of camera surveillance
The use of your personal data by Rijkswaterstaat is only permitted if this is necessary. This means that Rijkswaterstaat cannot achieve the purpose in another, less drastic way. And that the use of number plates is proportionate to the purpose of the study.
Information about the use of personal data
The letter that Rijkswaterstaat sends you must contain sufficient information about the use of your personal data, including the purpose for which Rijkswaterstaat uses your data. You must also be given the opportunity to opt out of the specific study.
Objection to the use of personal data
If you object to Rijkswaterstaat using your personal data, you can indicate this. You will find information about this in the invitation letter.
It is not possible to completely opt out of these types of traffic studies. Based on your number plate you can always be included in a sample and receive an invitation. There is no database of number plate holders that Rijkswaterstaat is not permitted to access. But you are not obliged to participate and can always opt out of the specific study.
Retention period
Rijkswaterstaat may not retain camera images and other personal data for longer than is necessary. This means that Rijkswaterstaat must destroy the data as soon as the purpose for which the data was collected has been achieved. For example, after completion of the specific study.