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. Examples include social assistance benefits or debt assistance. For this reason, the municipality needs data of these people.
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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:
- General Data Protection Regulation (GDPR);
- GDPR Implementation Act;
- Personal Records Database Act (Wet BRP).
- Specific rules also apply to the use of artificial intelligence (see: AI Act)
The Autoriteit Persoonsgegevens (AP), the Dutch data protection authority, supervises the processing of personal data by municipalities.
Quick answers
What is the municipality allowed to ask me if I want remission of municipal taxes?
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).
Is the municipality allowed to ask for my waste disposal card as well as my identity document when I come to the municipal recycling centre?
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.
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?
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.
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:
- 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.
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 Autoriteit Persoonsgegevens (AP), the Dutch data protection authority.
Can the municipality use my BSN when I apply for a parking permit?
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