The Netherlands Public Prosecution Service handles your personal data with the utmost care. Personal data is information that can be traced to an individual, such as names, postal addresses and email addresses. Personal data is protected under the General Data Protection Regulation (GDPR).
Your personal data and the Netherlands Public Prosecution Service
The Public Prosecution Service only processes personal data if this is necessary for a proper fulfillment of the Public Prosecution Services tasks. The Public Prosecution Service is responsible for the enforcement of criminal law. It is the only institution that decides who has to appear before a criminal court and on what charge.
The processing of investigation data
For the investigation and prosecution of criminal offences, the Public Prosecution Service processes personal data of citizens such as suspects, witnesses, victims, convicts, acquitted persons and others involved.
In connection with criminal cases, the Public Prosecution Service processes criminal data, enforcement data, judicial criminal data and reports in personal files. The processing of criminal data on a persons religion or belief, race, political affiliation, health, sexual life, and personal data concerning membership of a trade union takes place only in addition to the processing of other criminal data and insofar this is necessary for the purpose of the process. For example, in an investigation into discrimination based on a persons origin or sexual orientation.
How does the Public Prosecution Service obtain personal data?
The Public Prosecutor obtains personal data from related organizations, such as the police, special investigation services and the Central Judicial Collection Agency. In addition, the Public Prosecution Service can use information that involved persons have provided themselves, for example during interrogations or in correspondence. Or the Public Prosecution Service can use information from public sources.
With whom does the Public Prosecution Service share personal data?
In order to properly perform the statutory duties, the Public Prosecution Service shares personal data with related organizations (for example the police, the court, the probation service, etc.) and other (European) investigative authorities. The Public Prosecution Service only does this if it is permitted by law. Sometimes the Public Prosecution Service is legally obliged to do this. This applies, for example, to supplying data to the Judicial Information Service for the purpose of judicial documentation, the so-called criminal record.
How does the OM store personal data?
For the retention of personal data by the Public Prosecution Service legally determined retention periods apply. The Public Prosecution Service records personal data in both paper and digital files. The Public Prosecution Service ensures that your personal data are appropriately protected.
The European Union is still working hard to further clarify the new privacy legislation. Nationally, the interpretation of the new privacy legislation is also in full swing.