Comprehensive regime
Draft Law on the Protection of Privacy and Personal Data (Ontwerpwet Bescherming Privacy en Persoonsgegevens)
Wet Bescherming Privacy en PersoonsgegevensDraft text of the Ontwerpwet Bescherming Privacy en Persoonsgegevens
Proposed: draft date not recorded. Binds public and private bodies.
What this law does
This measure is a draft bill; it binds nobody yet, and what follows describes what it would require if enacted in the form read.
The bill defines privacy as the right to protection of all information about an identified or identifiable living natural person, and defines personal data the same way, an identifiable natural person being one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to that person's physical, physiological, genetic, mental, economic, cultural or social identity.
It would create an independent supervisory authority, the Commissioner for Personal Data Protection (Commissaris voor persoonsgegevensbescherming).
Article 7 would set the age at which a child's own consent to processing is valid at sixteen; below that age, processing based on consent would be lawful only where a legal representative gave it, and the controller would have to take reasonable steps to verify that the legal representative did so, with a separate rule that a child's personal data may not be processed in a way inconsistent with the child's interest.
Article 8 would prohibit processing personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and would prohibit processing genetic data, biometric data, health data, or data concerning a person's sexual behaviour or orientation, subject to exceptions listed in the same article.
The bill defines biometric data as personal data resulting from specific technical processing of a natural person's physical, physiological or behavioural characteristics that allows or confirms that person's unique identification, expressly including facial images, blood type, fingerprints, DNA analysis, retinal scans, and voice recognition. The bill remains under consideration before De Nationale Assemblee, with no enactment timeline.
What it requires