Information Technology in the Netherlands
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Transborder Data Flows |
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As with many European nations, privacy is a crucial issue in the Netherlands and the Dutch have taken several steps to insure that its citizen are protected. This includes membership in several European organizations as well as being a signatory of the EU directive. The Netherlands also has very strict data protection laws in place that further protects data rights. Privacy
Organizations · The Netherlands is a member of the Council of Europe and has signed and ratified the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108). It has also signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms.[1] · It is a member of the Organization for Economic Cooperation and Development and has adopted the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.[2] EU directive Netherlands is part if the EU directive on information which states: · The data subject must unambiguously give his consent. · Processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract. · Processing is necessary for compliance with a legal obligation to which the controller is subject. · Processing is necessary to protect the vital interests of the data subject. · Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data are disclosed; or · Processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party or parties to whom such data are disclosed, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection pursuant to Article 1(1).[3] Data Protection LawsData protection is a fundamental right in the Netherlands as the
constitution grants citizens an explicit right to privacy. Several acts have
been enacted that further protect citizens from having their data used
without their knowledge. Dutch Data Registration Act
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The Dutch Data Registration Act 1988 established a
code of fair information practices, which applies to the handling of personal
data files. The Act generally stipulates that a personal data file must be
set up only for a specific purpose that is relevant to the interests of the
party controlling the personal data. ·
The Dutch Data Registration Act establishes a code of
fair information practices, which applies to the handling of personal data
files. Dutch Data Registration Bill 1998
The Dutch Data Registration Bill 1998 was introduced in
June 1998. This bill is a revised and expanded version of the 1988 Data
Registration Act that will bring Dutch law in line with the European Data
Protection Directive and will regulate the disclosure of personal data to
countries outside of the European Union. Censorship
in the Netherlands
The Dutch have a history of being a very tolerant and liberal people. Holland has traditionally been a refuge for dissidents of all types and is seen today by the legalization of drugs and prostitution. Therefore, it would be expected Dutch Internet subscribers enjoy some of the freest access in the entire world. The Prime Minister, Wim Kok, is a proponent of free speech on the Internet and is concerned mainly with guidelines that protect minors. The Dutch have a detective unit that deals with child pornography and credit card fraud. [4] There has been an interesting case that stretches the
limits of censorship concerning a local Internet site that provided a how to
guide of suicide methods. This sparked controversy and many officials wanted
it taken down fearing it might show suicide as normal and acceptable. Cases
such as this provide interesting examples showing how far the limits of free
speech can be taken. [5] Cyber Skirmish An recent Internet censorship case involves a “cyber skirmish” between Holland and Germany concerning a Dutch ISP hosting a website for a German terrorist group, Radikal. The site provided information on how to derail trains and was subsequently banned by the German government because they believed it encouraged terrorism. The Germans demanded the site be taken down but the Dutch refused. This raises the possibility for future skirmishes between the liberal Netherlands and their more conservative neighbors.
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Back to The Information Technology Landscape in Nations page......
Last update:
December 18, 2000