DUTCH DPA ANNOUNCES UNLAWFULLNESS OF METHOD USED BY DUTCH TAX AND CUSTOMS

21.08.2020

The Dutch Data Protection Authority (“DPA”) announces that the Benefits Office of the Dutch Tax and Custom Administration’ practices on data processing is unlawful and discriminatory.

In the present case, the Benefits Office of the Dutch Tax and Custom Administration has processed the dual nationality of childcare benefit and it has not deleted the data on dual nationality back in January 2014.

Dual nationality used and stored by the Administration as an indicator in a system that automatically designated certain applications as risky should not play a role in the assessment of childcare benefit applications.

Moreover, according to the DPA the Tax and Customs Administration acted in a discriminatory way by unnecessarily retaining nationality data in its systems. Under the GDPR, it is improper to process nationality data to combat fraud and determine risks because data processing may not infringe on any fundamental rights.

Upon the investigation by the DPA, it is considered that this practice was unlawful and discriminatory, and a serious and improper breach of the General Data Protection Regulation (“GDPR”).

The next step the DPA will take is to determine whether to impose a sanction, such as a fine, on the Tax and Customs Administration after the Minister of Finance is entitled to first officially respond to the investigation. 

You can read the announcement of the DPA here.

Should you have any queries and/or remarks, please do not hesitate to contact us. 

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr