Municipalities

Municipalities collect and use many personal data for the performance of their public duties. The municipality ensures, for example, that people who need this are provided with support, such as a wheelchair or home help. For this reason, the municipality needs data of these people.

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  1. General information

Residents are also often obliged to provide their personal data to the municipality. That is why everybody needs to be confident that municipalities will handle their data with due care.

Legislation for municipalities

There are various laws and regulations that determine how municipalities may use personal data. For example, the Social Support Act (Dutch abbreviation: Wmo 2015), the Youth Act and the Municipal Debt Counselling Act (Dutch abbreviation: Wgs).

In addition, municipalities have to comply with the privacy legislation:

The Dutch Data Protection Authority (Dutch DPA) supervises the processing of personal data by municipalities.

Quick answers

Is the municipality allowed to place my personal data on the Internet?

Sometimes, municipalities are obliged by law to publish information. They also publish information of their own accord, for example on their website, more often.

Does that information contain your personal data? Then the municipality will have to weigh up the interest of public information against your right to privacy before proceeding to publication. Besides, the municipality is not allowed to place your personal data on the Internet when there is no necessity for this.

Which data of mine may be used by the municipality for the elections?

De Autoriteit Persoonsgegevens kan hierover niet oordelen. Het gaat om persoonsgegevens die nodig zijn om de Kieswet uit te voeren. De Algemene verordening gegevensbescherming (AVG) is dan niet van toepassing. U leest meer over de verkiezingen en de Kieswet op de website van de Kiesraad.

Is it necessary to provide the night register of a hotel to the mayor?

Yes. As a hotel, bed & breakfast or other provider of accommodation, you are obliged to provide the night register to the municipality. You have to show the night register to the mayor or a designated official if you are asked to do so.

Mayors are therefore allowed to request the data of the lead bookers of the accommodations in their municipality. This follows from Article 438 of the Dutch Criminal Code.

Can the municipality require a hotel to process more data in the night register than obliged by law?

No, the municipality is not allowed to do that. As a hotel, bed & breakfast or other provider of accommodation, you are obliged by law to keep a night register, though. And to provide the night register to the mayor (or a designated official) if this person asks you to do so.

You are obliged to register a number of personal data of the lead booker in a night register. This obligation can be found in Article 438 of the Dutch Criminal Code.

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:

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).

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