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Action 11 in Netherlands flag Netherlands

In accordance with Data Protection Directive 95/46/EC, Member States will enable citizens to have electronic access to those personal data that are held on them when available electronically and will inform them electronically whenever such data are being processed by automatic means, in a simple and unambiguous manner.

Indicator Status Evidence
Under the existing Directive (95/46/EC), does your legislation give your citizens right to have electronic access to their personal data that are held by the third parties in the electronic form? Yes The right of access to data is implemented in the Dutch Dataprotection Law (Wet bescherming persoonsgegevens). The right to access to data concerning some (authentic) registries are dealt with in separate laws, for example the personal records data base law, previously called municipal personal records database law. Also data processing in the context of activities by the police and intelligence services and data subjects rights have been addressed separately in specific laws. See article 2 of the Dutch Data Protection Law for an extensive list. Digital access to citizens’ personal data is realised through the central state portal mijnoverheid.nl; After logging in with DigiD citizens can check their data, registered in different base registers and service provider registers eg. Personal records base register (BRP) for data on address, birth, marriage, children; vehicle registration; income; cadastral information.
Under the existing Directive (95/46/EC), does your legislation give your citizens right to be informed electronically whenever their personal data are processed by automatic means? No The right to be informed of the fact that personal data is processed by automatic means is implemented in articles 33 and 34 of the Dutch Data Protection Act (Wet Bescherming persoonsgegevens). These articles are an implementation of articles 10 and 11 of directive 95/46/EG. As stated in the article above, the processing of data in the context of certain laws and the rights of the data subjects are covered in those specific laws. See article 2 of the Dutch Data Protection Act for an exhaustive enumeration. For information requests about concrete data exchanges citizens can address their municipality or public service providing organization. There is work being done to get access to the process of personal data through the central state portal mijnoverheid.nl, but there is no actual working functionality yet.