Police Data Protection Act (Wpg) Privacy Statement.

The municipality of Voorne aan Zee employs special investigating officers (boa's) for tasks related to supervision and enforcement of public order and social safety. Examples of boas employed by the municipality are: municipal enforcers, parking inspectors and compulsory education officers.

A boa supervises public order and compliance with legal provisions. When violations occur, the boa supervises and takes enforcement action. To this end, a boa processes personal data.

If a boa processes personal data in the performance of its supervisory task, the AVG applies. If a boa processes personal data as part of its police task (such as detecting criminal offenses and maintaining public order), the Police Data Act (Wpg) applies. Like the AVG, the Wpg sets requirements for the processing of personal data.

For example, the Wpg has specific retention periods for the storage of police data, while the AVG does not prescribe concrete retention periods. The Wpg also imposes different requirements when sharing police data between different parties, there is an obligation for logging, and there are additional limitations and exceptions in the Wpg to the privacy rights of data subjects applicable in the AVG. This privacy statement explains how the municipality handles police data. 

What does the municipality process personal data for under the Police Data Act (Wpg)? 

Under the Wpg, personal data are processed for various purposes. These purposes are described in Wpg Articles 8, 9 and 13, such as: 

  • Writing a police report when a criminal offense has been committed. 
  • Handle, administer and financially settle litigation-related payments, such as granting objections, applying the grace period, applying deductions and payment arrangements. 
  • Investigation and detection of criminal suspects (including graffiti incidents). 
  • Detection of suspects of spitting incidents to enable prosecution by prosecutors. 
     

What personal data is processed under the Police Data Act?   

When notifying a police report, we record contact information, place and date of birth, a description of the offense with its time and place, the BSN, the type of ID and the number of the ID. We also collect financial data when paying an official report and/or making payment arrangements.

It is possible to submit a leniency request for an official report. We will then collect, in addition to the information already provided with the request, contact information, place and date of birth, court record number and any other information applicable to the offense.

If we report the incident to the police, we collect contact information, place and date of birth, "tag" and/or "sign" in a graffiti incident and time, place and type of offense to the extent possible.  

When signaling offenders, locating criminal suspects and conducting investigations into crimes committed, we also use camera footage. 

What is the basis for processing?  

Personal data may not be processed just like that; a so-called processing basis is required. The basis on which the boas process personal data for the Wpg is to carry out a legal obligation.
The boas process personal data on the grounds of: 

  • Code of Criminal Procedure; 
  • Police Data Act; 
  • Extraordinary Investigating Officer Decree; 
  • General Administrative Order (APV).

How long do we keep personal data?
The Wpg contains statutory time limits for how long police data can be kept. Once this period is reached, the personal data must be permanently deleted.

We keep camera images of stations, stops, buildings and grounds - if there has been no incident - for a maximum of 28 days.

We store camera images used in the performance of police duties (think of images showing an incident or a crime committed) to transfer to the police in criminal proceedings. 

With whom will personal data be shared?

Only authorized employees are granted access to the data. They may only view the data they need for their work. It is possible that we grant access to employees of the police or municipality. They too are given access only to the data they need for their work. The actions of employees in systems are logged. We thus keep track of who performs what action at what time in a particular file. The recipients of the data are bound to secrecy.

When we issue a summons, we check data in the Basic Registration of PersonsBRP). We do this again after sending the first payment reminder because of black driving, for example.

Sometimes it is necessary for the municipality to provide registered personal data to third parties. For example, to the Central Judicial Collection Agency (CJIB) or to the Public Prosecutor's Office (OM) or the police because of an incident in which the municipality files a report.

In addition, we sometimes share personal data with processors who process personal data on behalf of and for the municipality. These processors include collection agencies, cloud and hosting parties and IT service providers. A processing agreement is in place with these processors, which sets out the mutual rights and obligations for processing. 
 

What are your rights under the Police Data Act? 

Under the Wpg, your rights differ from those under the AVG. You have the right to review the personal data the municipality processes about you under the Wpg. To do so, you can request a written summary of your personal data from the municipality by sending an e-mail tonl  

If your personal data is incorrect or incomplete under the Wpg, you can ask the municipality to amend or supplement your personal data. In addition, you can have personal data deleted or request a restriction on the processing of your personal data.

We will notify you when your request for correction, deletion or the restriction of the processing of your data has been processed.  

You can also appeal the preparation of an official report and the fine imposed. Finally, you can file a complaint with the Personal Data Authority if you believe your personal data is being processed in violation of the Wpg.

We have the right to reject a request if: 

  • the request would impede judicial investigations or proceedings; 
  • that adversely affects the prevention of the commission of crimes, detection, investigation, prosecution or imposition of penalties; 
  • public safety is at stake; 
  • the rights and freedoms of third parties are violated; 
  • national security is at stake; 
  • the municipality has a legal duty to retain this personal data; 
  • it is manifestly an unfounded or excessive request.