Every day, NS ensures that more than one million travelers reach their destinations. Approximately 3,500 of these employees are special investigating officers (boa). A police officer is an official with investigative powers who can check the identity of passengers, draw up an official report, issue fines and stop people if they are suspected of a criminal offense. The processing of personal data by employees who are police officers is subject either to the AVG or to the Police Data Act (Wpg). This distinction is particularly important for the question of to whom the personal data may be passed on. Lex Digitalis advised NS on the application of the Police Data Act (Wpg) and the exchange of data with other public transport companies, police and municipalities.
Government of the Netherlands
By implementing the Omgevingswet, the government wants to simplify and combine the rules for spatial development. So that it will soon be easier to start building projects, for example. Digitalization contributes to increasing the ease of use and leads to a faster and better decision-making process. The Digital Environment Act System therefore provides information about the physical living environment and facilitates electronic traffic in the context of permit applications, reports and suchlike. The digital system is anchored in law. Paul conducted the DPIA on the laws and regulations and the Digital System for the Environment Act in 2018 and provided recalibrations in 2019 and 2020. The identified risks and recommended measures contributed to a clear demarcation of responsibilities between parties and better protection of personal data.
Stork, A Fluor Company
Stork, a Fluor company, is the world’s leading provider of operations, maintenance, modifications and asset integrity services for companies including Shell, RWE, Vopak, BP, DSM and NAM. With approximately 18,000 employees, Stork is active in more than 100 countries. In order to comply with the AVG in Europe, Paul supervised for Stork:
- Setting up and filling the processing register,
- Executing DPIAs,
- Entering into processing agreements, and
- Renewing the internal and external privacy declarations.
Paul is a very pleasant colleague with great integrity, who with his pragmatic and efficient way of working, his work experience and solid substantive knowledge, has helped Stork within a short period of time to set up and develop the Stork Data Protection program.
Municipalities of North Brabant Province
Five municipalities in the province of North Brabant have entered into a collaboration within the Social Domain. Since this is a collaboration of administrative bodies, the performance of a data protection assessment (DPIA) is mandatory. As part of this, Lex Digitalis mapped out the various processing operations through a thorough legal analysis and assessed the various processing bases, the lawfulness of these processing operations and the risks for those involved. In addition to the AVG, the provisions regarding the duty of confidentiality of the care provider and other sector-specific regulations were included in this assessment.
The DPIA report was prepared in coordination with the actual client in such a way that it serves as a guideline for the further design of the collaboration. In addition to advising on appropriate measures to protect those involved, the DPIA also provided practical guidance during its implementation, while not losing sight of independence.