Benefits and social security
A lot of personal data are needed to assess whether someone can receive benefits or an allowance, such as financial data. This can be intrusive on that person’s privacy.
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Therefore, the benefits agency may only request personal data that are strictly necessary to decide whether someone is entitled to (continue to) receive benefits or an allowance.
Benefits agencies are, for example, the municipal social services and the Employee Insurance Agency (Dutch: UWV).
Quick answers
As a benefits agency, can I use the legal basis of consent?
No, consent is usually not a valid legal basis for administrative bodies to process personal data of citizens. However, as a benefits agency you may find yourself in a situation in which asking for consent is desirable: you want to ensure that people in a vulnerable position get help from other organisations. In that situation, valid consent from an administrative body may sometimes still apply.
Can I access my data at an organisation, or have them rectified or removed?
Yes, you can. If an organisation uses your personal data, you have a number of rights. This will ensure that you keep a grip on your personal data. These are the most important privacy rights:
- You have a right of access to your personal data.
- Does it turn out that data of you are incorrect? Or that certain data are missing? Then you can ask for rectification of your data (adjustment or addition).
- In some cases, you can also ask for removal of data.
Do you want to know what other rights you have? Check out Privacy rights under the GDPR.
What can I do if I have a question or complaint about the use of my personal data?
Always submit your questions or complaints to the organisation that uses your personal data first. Do you have a complaint and are you and the organisation unable to work it out together? Then you can lodge a complaint with the Dutch Data Protection Authority (DPA).