AVG is no excuse not to track down children who have been removed from the home

According to privacy experts Anna Burleigh, Marlis van Eyck, Simon van der Hoof, Simon Hötting, Friedrich van der Jagt and Jeroen Terstige, the privacy law of the GDPR is not an obstacle to imposing sanctions on the Russian oligarch or reuniting children who have been removed . From home with their parents.

Anna BirleyMarlis van EyckSimon van der HoofSimon Hoting And Frederic van der Jagt and Jeroen Terstige

Protecting privacy plays a major role in the remarkably slow approach to two painful issues, the issue of allowances and sanctions for the Russian oligarchs. Two ministers used the GDPR Privacy Act as an excuse not to act more decisively. An unjustified excuse for us.

According to Minister Frank Werwind for Legal Protection, this law prevents the reunification of 1,115 children placed outside the home and their victims in the benefit case. Six months ago, the House promised an investigation. Not a single child came home again.

The same privacy law would prevent the assets of the Russian oligarchs from being frozen in the Netherlands. The Netherlands lags behind, for example, France and Belgium. Research on this ability has not even begun, it turned out recently. Minister Wopke Hoekstra (Foreign Affairs) referred to the AVG Act.

unacceptable excuse

For us, who work daily with the rules for the protection of personal data, this is an unacceptable excuse. We have united to point out the misconceptions of ministers.

The General Data Protection Regulation is a European regulation that was created because member states considered it important that the level of protection of personal data within the European Union be at the same high level. Governments and companies must process our personal data lawfully, fairly and transparently. This protects privacy and allows companies and governments to collaborate internationally.

For government, AVG aligns seamlessly with Dutch constitutional principles. If Dutch law grants powers to a minister or an administrative body, the ministry may request personal data on the basis of this privacy law. This must be done carefully and carefully. The files of vulnerable youth should not end up on the streets. For example, according to the GDPR, people should not be blacklisted, with a series of negative consequences.

Not everything is arranged and put into the General Data Protection Regulation (GDPR)

But our experience suggests that GDPR is also presented as an unjustified excuse, for example if political courage to make a decision is lacking. Because not everything is regulated and fixed in GDPR. The General Data Protection Regulation (GDPR) also allows countries to regulate some things themselves. The government can make laws with Parliament to properly regulate this same protection.

We believe the GDPR, the Youth Act and the Tax Act (AWR) allow ministers to answer the question of where these homeless children are now, or how many oligarchic assets need to be frozen. And even if this were not the case, ministers would be responsible for it as legislators. So they hold the key.

How ironic, then, that blaming the seemingly abstract scapegoat, AVG, for heavy social issues on which there is so much political consensus.

Our government is hopelessly fragmented and divided

This administrative inability does not mean unwillingness. Another thing is going on. Advisory bodies have been warning for years: Our government is hopelessly fragmented and divided. The use of words like “chains” or “system responsibility” should hide the fact that no one understands or wants to take responsibility. And that the government itself had no idea what data flows there. The cabinet should quickly work out a good overview. Then the realization will quickly sink in that this way of working is no longer possible. Many matters, including victims of a wildcard case, are regulated through departments. It would be better to put them under domains.

The important thing now are the children. They deserve protection. against government agencies that perform their functions separately as part of a chain (“Youth Protection”). It’s not complicated. it’s complicated.

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