Use of personal data by the judicial authorities
The judiciary, the Public Prosecution Service (Dutch abbreviation: OM) and some parts of the Ministry of Justice and Security are charged with the detection, prosecution and settlement of criminal offences. For this purpose, they collect and use all sorts of personal data. They also process personal data for issuing a certificate of conduct (Dutch VOG). That they process personal data means that they have to comply with the privacy laws.
On this page
Wjsg and GDPR
A special law applies for the protection of personal data with the judicial authorities: the Judicial Data and Criminal Records Act (Dutch abbreviation: Wjsg). In addition, the General Data Protection Regulation (GDPR) applies when the judicial authorities process personal data that are not judicial or criminal-law data. See also: Privacy legislation for the judicial authorities.
Judiciary
The content of the work of the court does not fall under the supervision of the Dutch DPA. This makes that the independence of the judiciary is safeguarded. This applies for judicial duties, such as the judicial decision-making.
Other forms of personal data processing by judicial bodies do fall under the supervision of the Dutch DPA. For example, the processing of personal data for the personnel administration.
Public Prosecution Service (OM)
The Wsjg applies if the OM:
- processes criminal-law data for criminal proceedings;
- processes judicial data about someone's background;
- shares criminal-law data with the Ministry of Justice and Security for assessing a VOG application;
- processes data about the enforcement of criminal judgments.
Sharing of data by the OM
The OM may share criminal-law data with partnerships and other organisations outside the OM for purposes that are outside the administration of criminal justice. For example, when the OM provides data to the Royal Netherlands Football Association KNVB, Victim Support or journalists.
When the OM is allowed to share data and with whom has been set out in the Instruction on the Judicial Data and Criminal Records Act.
The parties that receive and further process these data are obliged to comply with the requirements of the GDPR and the Dutch GDPR Implementation Act. The GDPR Implementation Act contains an exception to the prohibition of processing criminal data. This exception applies for organisations that receive criminal data based on the Wjsg.
Ministry of Justice and Security
Several parts of the Ministry of Justice and Security process data regarding the enforcement of criminal judgments. Such as a prison sentence or a hospital order. The Wsjg applies in this case.