Privacy Advisor

Global Privacy Dispatches- Netherlands- Personal Data

January 1, 2008

By Richard van Staden ten Brink

Dutch DPA Will Focus on Internet Sites Publishing Personal Data

The Dutch DPA has announced a focus on the publication of personal data on the Internet after releasing draft guidelines in October. It subsequently has discussed these draft guidelines with industry organizations and governmental bodies. The DPA expects to formally establish the guidelines and start active enforcement in 2008.

The DPA will pursue a two-track policy. First of all, it will actively inform the public of the consequences of publishing their personal data on the Internet. The DPA is concerned that the public is not yet aware of the negative consequences that publishing personal data on the Internet may have, such as identity theft or use for pre-employment screening.

Secondly, the DPA will start enforcement action against Web site owners. The DPA has identified social networking sites, search engines, genealogy sites, sites with publications from and about minors and sites with photographs as potential targets. In particular, it will investigate whether such sites have a legal basis for the processing, feature an adequate privacy policy and provide for a proper take-down procedure.

Richard van Staden ten Brink is advocaat at De Brauw Blackstone Westbroek in Amsterdam. He may be reached at richard.vanstadentenbrink@debrauw.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it .