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BY THE DUTCH DATA PROTECTION AUTHORITY: The AP Clarifies The Sharing Of The Blacklist With Other Sectors

BY THE DUTCH DATA PROTECTION AUTHORITY: the AP clarifies the sharing of the blacklist with other sectors

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A lot of entrepreneurs are dealing with the crime. Frequently the same criminals are active in many sectors.

Entrepreneurs want to share personal data of possible crimes among them, also out from heir sector. But in the majority of cases this is not permitted. In order to provide some clarifications to entrepreneurs, the AP has processed a guideline for blacklists.

Keep and share blacklists

Keep a blacklist of (potential) thefts, scammers or troublemaker is submitted to privacy legislation. And the sharing of this data with other organization is not permitted.

Certainly not if it is about criminal right, as shoplifting. This creates a database of the police to which is easily to have the access by entrepreneurs. Blacklists of this type are admissible only if the privacy legislation has bene observed correctly.

Intersectoral blacklist

Rules are stricter when we share a blacklist with other sectors (intersectoral blacklist). The starting point is that this is not permitted.

Unless all the requirements of the General Data Protection Regulation (GDPR) are not fulfilled. This means that it is permitted only in exceptional cases.

In the guidance document, the AP has processed a concise overview of GDPR standards that are most important that all the intersectoral blacklist shall comply.

Required protocol

Private organization can not simply put personal data of anyone in a blacklist and share it among them. This shall be based on a careful and well studied protocol.

In the Guideline, AP explains what shall be included in the protocol

It can be asked a permission

Is an intersectoral blacklist including criminal data, like fraud or theft? And shall this list be shared with third parties? In this case, it will be necessary to present a license application at AP.

The possibility that AP gives a license for the intersectoral sharing of police records with sectors different is limited.

Consequences for individuals added in the blacklist

In the case of an intersectoral blacklist, the greater the scope, the wider the consequences for the person concerned (the person on the list).

Failure to pay at the bicycle repair shop can then lead unintentionally to exclusion, such as not being able to rent a house or get a mortgage or a job.

The wider the scope of a system, the stricter the guarantees for those involved. Otherwise, the system will not pass the test at all.

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SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DEI PAESI BASSI – AP

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