Municipalities

No, the government is generally not permitted to do so. The ‘government’, in this instance, might be your municipality or the Employee Insurance Agency (UWV), among other bodies. 

If an organisation asks for consent, you must also be able to say 'no'. In other words, your consent must be entirely voluntary, which can be tricky when dealing with the government, because they are often the only ones who can help you with a given issue. Think of special facilities like a stair lift, or benefits, for instance. In those cases, you are dependent on the government. And because you are dependent on them, it is almost impossible for you to voluntarily say yes or no to a request from the government.

It is usually not necessary for the government to ask you for consent to use or share your data, because the law often states that the government is allowed to do so.

Sometimes, the law states nothing on the subject, but a government organisation still wants to share your data, because it turns out you need help. The organisation will then transfer your details to other organisations, where you can receive help. Organisations that you are unable to find yourself. In such a case, it may be allowed. However, the organisation must explain to you clearly:

• which data of yours are shared by the organisation;
• why it does so (for what purpose);
• how that works.

You should also be given some time to decide whether to give your consent. Moreover, there should be no adverse consequences to giving your consent, and alternately, you should also be able to refuse without any adverse consequences.

Want to know more? Then read Consent and the government.

If you are asking the municipality for a remission of municipal taxes, the municipality must assess whether you are indeed eligible for remission. The municipality looks at, among other things, the balance of your bank account(s), your income and the amount of your rent or mortgage.

National rules for remission

The municipality must apply national rules when determining remission. First, it looks at your assets. If your assets are not enough to pay the municipal taxes, the municipality will calculate what you can pay. This is your income minus certain expenses stated in the national rules.

Do you want to know more? Read Wanneer kom ik in aanmerking voor kwijtschelding van gemeentelijke belastingen? on the website of the Dutch central government (in Dutch).

Yes, that is allowed. The municipality can see from your waste disposal card if you are allowed to use the municipal recycling centre. Your identity document is then needed to check if the waste disposal card is really yours.

Waste disposal card

The purpose of the waste disposal card is to counter illegal dumping by residents from surrounding municipalities. The card gives you the right to use the municipal recycling centre (also called civic amenity site or waste collection site) free of charge. But only your waste disposal card is not enough for the municipality to determine whether you actually have this right.

Identity document

The waste disposal card contains your personal data, such as your name, address, postcode and place of residence. But the waste disposal card is not a valid identity document. That is why the municipality is allowed to ask you for your identity document, such as your passport or identity card, in addition to your waste disposal card. This enables the municipality to check whether you are who you say you are.

Checking your number plate

Some municipalities also check your car's number plate to verify whether you live in that municipality. If you drive a lease car or a rental car, the employee at the local recycling centre will check your Citizen Service Number (Dutch BSN) in the municipality's Key Register of Persons.

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.

The Autoriteit Persoonsgegevens (AP), the Dutch data protection authority, cannot make a judgement on this matter. This concerns personal data that are necessary to implement the Elections Act. In that case, the General Data Protection Regulation (GDPR) does not apply. You can read more about the elections and the Electoral Act on the Netherlands Electoral Council website.

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.

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.

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:

• You have a right of access to your personal data.
• Does it turn out that data of you are incorrect? Or that certain data are missing? Then you can ask for rectification of your data (adjustment or addition).
• In some cases, you can also ask for removal of data.

Do you want to know what other rights you have? Check out Privacy rights under the GDPR.

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 Autoriteit Persoonsgegevens (AP), the Dutch data protection authority.

A government organisation (such as a municipality) is only permitted to use your Citizen Service Number (BSN) if this is necessary for the performance of its public duties. The municipality must explain why using your BSN is necessary to perform said duties.

For instance, if you send a letter to the municipality with a specific question about your personal situation, they are permitted to ask you to include your BSN in the letter.

If the same result can be achieved with other, less privacy-sensitive data, such as your name, address or vehicle registration details, they are not permitted to ask for your BSN. This is the case when asking the municipality a more general question.

The municipality must always clearly explain why it needs your BSN. They are not permitted to merely say that they need your BSN because their system requires it. This would suggest that there is a flaw in their system rather than a valid reason for processing your BSN.

Commercial organisations have to abide by even stricter rules for using your BSN. Non-government organisations, such as private companies, may only use your BSN if this is explicitly stipulated by the law. If it is not, they are not permitted to ask for your BSN.

For more information about the use of the BSN, see: Requirements for use of the BSN