On Feb. 7, 2025, NLD SJ responded to questions, comments from Standing Committee for Justice and Security on Decree on data processing by partnerships (WGS).
Majority of decree enters into force on Mar. 1, 2025; no entry into force date as yet for three articles of the WGS, as a follow-up procedure still has to be followed for them.
At least 20% of members of parliament can request for four weeks to regulate the entry into force of these three articles by law; this period expires on Feb. 11, 2025.
On Jun. 11, NLD PRL updated on Partnerships Data Processing Act.
NLD PRL summarized debate on Partnerships Data Processing Act, issued report on it.
Senate debated with outgoing Minister of Justice and Security the bill from 2020 that provides a legal basis for the processing of personal data by partnerships.
The House will vote on the bill and a motion by Volt on Jun. 18, 2024.
Follows NLD DPA Nov. 2023 assessed data processing bill (WGS), see #191886.
With the bill, the outgoing government wants to provide legal basis for the processing of personal data by partnerships i.e. associations of administrative bodies and private parties that jointly process data for important general interests: fight against fraud etc.
The proposal is a framework law with a number of general rules regarding the task of the partnership, its organization and its functioning.
General Comments
Surprising the practice is not yet regulated by law; insufficient guarantees; due care and implementing guarantees more important than ever.
Objections to NLD DPA advice; choice between security and privacy is old dilemma.
The law should also tackle excesses more adequately; possible benefits of the law in its current form do not outweigh the risks; danger of discrimination with this law.
Only two services have given positive assessment but the other services have not.
The essential assessment of implementation is missing; bill explicitly regulates 4 partnerships but it is not clear which other partnerships will emerge.
Minister's Response
Effectiveness and power of partnerships are unnecessarily limited, with the existing legislation regulating at most data exchange between two authorities.
In partnerships, more than 2 agencies work together for overarching goal transcending individual interests, partnerships experience with existing law is unclear, very complex.
Bill removes fragmentation, ambiguity providing clear bases for joint data processing.
Data processing is only allowed under strict conditions; compliance with guarantees is checked by periodic privacy audits and legality advisory committees.
Bill does not contain a basis for processing personal data revealing race and origin.
There are no self-learning algorithms or AI, always human intervention in creation of the result which is also required by law, law is not about international data sharing.
Committed to implementation test after 1 year, plus implementation test, evaluation.
Jun. 18, 2024 Bill Adopted
On Jun. 18, 2024, NLD PRL, NLD SJ confirmed the Senate adopted a bill that provides a legal basis for the processing of personal data by partnerships, after consideration.
The bill will now complete its passage through the required parliamentary process in NLD PRL, with any amendments to the text as required, and it will then be enacted.
Dec. 4, 2024 Decree Published
On Dec. 4, 2024, NLD SJ published Decree of 29 Nov. 2024, which implements the amending Data Processing by Collaborations Act (WGS) dated Jun. 19, 2024.
The law clarifies conditions for processing data across four collaborative healthcare and safety partnerships, to tackle organized crime, money laundering and criminal assets.
Provides agreements for safeguarding joint data processing to prevent fragmentation.
The four partnerships are: care and safety houses (ZVHs); regional information and expertise centers (RIECs), which seek to combat organized and subversive crime.
Financial expertise center (FEC), focused on financial sector integrity; criminal and unexplained assets infobox (iCOV); reports on criminal/tax evasion assets locations.
Data Processing by Collaborations Act (WGS) will enter into force on Mar. 1, 2025.
Feb. 2025 Standing Committee Questions
On Feb. 7, 2025, NLD SJ responded to questions, comments from Standing Committee for Justice and Security on Decree on data processing by partnerships (WGS).
Majority of decree enters into force on Mar. 1, 2025; no entry into force date as yet for three articles of the WGS, as a follow-up procedure still has to be followed for them.
At least 20% of members of parliament can request for four weeks to regulate the entry into force of these three articles by law; this period expires on Feb. 11, 2025.
Regulators
NLD PRL; NLD SJ
Entity Types
Corp
Reference
Lt, 2/7/2025; PR, 12/4/2024; OG 2024-380, 11/29/2024; OG 2024-198, 6/19/2024; PR 6/18/2024; Rp, PR, 6/11/2024; Bill 35447 (WGS)