The privacy matter Protection Act
In 2000, the privacy matter Protection Act (WBP), as a result of European privacy matter Directive 95/46/EC. This law is the successor of the earlier privacy matter Protection Act Registration (WPR). The WBP provides rules for the “wholly or partly automated processing of personal privacy matter and not the automatic processing of personal privacy matter in a filing system or intended to be included therein.”
Personal
Personal information is any information that a particular individual can be identified. The most famous example name and address. Also e-mail addresses and MSN such accounts are seen as personal. But privacy matter rate on a particular person, including by one’s IQ, can be personal where to locate the person that has IQ.
On the Internet is such a person given IP address. An IP address, along with a date and time of use of that address, trace back to one person. You as a provider of assistance is needed, but it can.
See also
* Photos and image rights
Someone’s picture is a given person. The subject is finally to be recognized. In addition to a picture to see what race someone is, and whether that person is male or female. According to the letter of the law is a picture also given a special person, so there’s extra processing photographs strict rules.
Processing of personal privacy matter
Processing is “any operation or set of actions relating to personal privacy matter.” The Act gives examples of the collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of posting, together with each other, blocking, blocking, erasure or destruction of personal privacy matter.
The rules for processing personal privacy matter
The person, any processing of personal consent. He also has the right information is stored about him, to correct or withdraw. Organizations that handle personal privacy matter, explain how they do.
Prior authorization
Personal privacy matter may be processed in accordance with the rules of the WBP. The main rule is that the person must have given his consent for the processing. Request privacy matter on that person, it must be informed in advance about inclusion in the file. A registration form on a website must have a similar warning. Even when privacy matter are collected from other sources, the person must be informed at the time of recording or appearance just before the time of distribution to third parties. This does not work if the person knew that his information would be included.
It is not permitted to e-mail addresses of people who respond to your website to collect them to send mass e-mail, because making such a mailing is a form of processing. The company’s customers may Hotmail However massive e-mail, because the customers do in terms authorized. It is always the responsibility of the organization processing the privacy matter to the appropriate person to inform.
Also, personal privacy matter must be processed in accordance with the purposes for which it was obtained. The subscriber base for an Internet newsletter can therefore be used to send the newsletter around, but it should not be sold to another company for such a promotional mailing.
Accountability
All organizations that use personal privacy matter, have an information. This means that the persons to whom the privacy matter relate, have to know what they do with their privacy matter. This does not when it is obvious (eg completing a registration form at an online forum) or if it is very time consuming for the address of the person to find out.
Correction Law
Moreover, persons in a filing to the right to see their records. They may also request that their information correct, complete, are removed or blocked. That must be where the privacy matter used by the responsible factually inaccurate, incomplete or irrelevant to the purpose or purposes of the processing. A defaulter can not remove his personal requirements in the accounts receivable of a business.
Security Duty
Businesses that process, should take measures (technical and organizational) to prevent unauthorized access to get people here. In many cases, it is necessary to protect this information, eg passwords and encryption to apply to the privacy matterbase. By sending information (such as filling out forms) is often the use of secure Internet connections using SSL as recommended.
The privacy matter Protection Board
The privacy matter Protection Authority (CBP) monitors compliance with the privacy matter Protection Act. Processing of personal privacy matter must be notified here, unless one of the exemptions under the legislation concerned. Anyone who does not, it risks a fine.
Role of CBP
Monitoring compliance with the WBP is held by the privacy matter Protection Authority (CBP), formerly Registration Office. The CBP advises the government on the protection of personal privacy matter, perform investigations, key codes of conduct and privacy matter regulations and handles inquiries and complaints. CBP has the power to fine to distribute to organizations that violate the WBP. The registration of personal privacy matter files must be notified to the CBP.
Sign up for processing
Who commercially or through automatic privacy matter collection, the fact must do in CBP. A company does not, then the CBP impose a fine of 4,500 euros.
Exemptions
For some types of registrations, the law an exemption. Examples include personnel administration, accounting, administration of customers and suppliers, members administrations, administrations and administrations of subscription (former) students. However in such cases are limiting the information that it may be recorded.
The CBP has published a Handreiking Vrijstellingsbesluit containing explanations about the main exemptions. To name a few:
* Subscriptions: Publishers of publications (including electronic) have the records of personal privacy matter of their subscribers to sign up. They can not keep up than to provide the publications or the collection of the subscription is necessary.
* Scientific research and statistics: who is doing research and taking personal use, its privacy matterbase does not sign. Only the most necessary name and address can be tracked. privacy matter may not be provided to third parties, except with the consent or transfer is necessary for the investigation. Transfers to other research only if it can guarantee that the privacy matter can be used for anything else.
* Communications Files: processing of personal privacy matter necessary for communication need not be notified. The administrator of a forum or mailing list or subscriber base have been list members not to sign. However, he may not “sensitive personal privacy matter” (eg religion, health or political affiliations) store. The privacy matterbase should not be used for other purposes without the consent of the parties. The administrator of a forum of its privacy matter members may not give to advertisers.
* Network Systems: who manages a private network, users should keep records on the network to work for the security and internal control and maintenance and management. This includes things like ‘log’ what users do, the incoming and outgoing communications they carry (but not the content) or to record where they can and can not. Users should be informed about it. This does not apply to ISPs and other operators of public telecommunications networks! They should just sign their privacy matterbase.
Spam: Unsolicited Advertising
See also
* Spam finally banned
The circulation of unsolicited commercial e-mail, in the jargon as ‘spam’ called, may in principle only when the addressees have given their consent for inclusion in the file of the channel. It is forbidden to “automated calling systems without human intervention, faxes and electronic messages” for the transmission of unsolicited communications for commercial, voluntary or charitable purposes. This is the sending of unsolicited commercial e-mail is prohibited, but also via SMS advertising is no longer allowed. Does the sender do, there is proof to him that here the recipient has asked for permission beforehand.
At the moment it is only illegal to send spam to individuals, consumers do. By October 1, 2009 extended this ban. Foreign companies may then be sent out emails only after permission of the company.
E-mail addresses
A common practice is to collect Internet e-mail addresses from websites to an example file to build, especially for direct marketing purposes. This appears to conflict with the WBP. Clearing out of other people’s e-mail directory was banned in December 2002 because the e-mail directory in its terms forbade this.
Pedigree Research
More and more people, including the author of this article, publish their family tree on the Internet. The WBP makes an exception for the processing of personal privacy matter for personal use only. Collecting material for a pedigree, and making the tree itself may without the consent of the people in it are done. However, when the family is published on the Internet for example, is no longer any “personal use”. The above rules apply then.
However, the WBP is formally discussed privacy matter traceable to individuals. The law is not a deceased natural person (more). Therefore, the WBP not apply to deceased persons. Keep in mind that such partner or children of the deceased easily identify when sufficient information about the deceased itself is published. This information constitutes personal privacy matter of that partner or children. The WBP can sometimes apply.