Unlawful Processing of Personal Data in Zoetermeer

Unlawful Processing of Personal Data in Zoetermeer

In Zoetermeer, unlawful processing of personal data occurs when an organisation, such as a local shop or the Municipality of Zoetermeer, processes your personal information without a valid legal basis or in violation of GDPR rules. This can lead to fines, damage claims and sanctions. As a resident of Zoetermeer, read on to learn how this works, what your rights are and steps to take action using local resources like Het Juridisch Loket Zoetermeer.

What Does Unlawful Processing of Personal Data Mean in Zoetermeer?

Personal data includes any information about you, such as your name, home address in Zoetermeer, email, medical records or IP address. Processing covers any action involving that data, from collection to sharing or deletion.

In our region, processing is unlawful if it fails to comply with the General Data Protection Regulation (GDPR). The GDPR requires all processing to be lawful, fair and transparent. Without your consent, a contractual necessity or legal obligation, it is improper.

Example: A Zoetermeer webshop shares your address with third parties without approval, or a local employer leaks health data. This jeopardises your privacy and can lead to identity theft or unfair treatment.

Legal Framework

At the core are the GDPR (Regulation (EU) 2016/679), which applies in the Netherlands, and the GDPR Implementation Act. Key articles:

• Article 5 GDPR: Processing principles such as lawfulness, purpose limitation and data minimisation.
• Article 6 GDPR: Lawful bases such as consent, contract or law.
• Article 9 GDPR: Strict rules for sensitive data such as health information.
• Article 82 GDPR: Compensation for unlawful processing.

The Autoriteit Persoonsgegevens (AP) enforces compliance and imposes fines up to 4% of global turnover (or €20 million). In Zoetermeer, you can challenge AP decisions at the District Court of Zoetermeer.

Lawful vs Unlawful: An Overview

Here is a table outlining the differences, with local examples:

Examples from Zoetermeer Practice

1. Unsolicited Advertising: A Zoetermeer supermarket, such as Jumbo at Stalpaert, sends promotional emails without opt-in. This violates Art. 6(1)(a) GDPR.

2. Data Breach After Hack: A local business stores data insecurely, and criminals steal it. Unlawful if security failed (Art. 32 GDPR).

3. Municipal Misuse: The Municipality of Zoetermeer shares your income details with a sports club without reason, breaching administrative law.

4. Workplace Issue: Your Zoetermeer employer emails payslips to colleagues, violating Art. 9 GDPR.

Your Rights as a Zoetermeer Resident in Case of Violations

Data Subject Rights (Arts. 15-22 GDPR):

1. Access to your processed data.
2. Rectification of errors.
3. Erasure ('right to be forgotten').
4. Restriction or objection.
5. Data portability.

Organisations must report breaches within 72 hours (Arts. 33-34 GDPR) and conduct risk assessments (Art. 35). Avoid unlawful processing yourself, including on your own websites.

For advice: Visit Het Juridisch Loket Zoetermeer.

Taking Action in Zoetermeer

1. Contact the organisation and demand correction.

2. File a complaint with the AP via AP complaint.

3. Sue at the District Court of Zoetermeer for damages (Art. 82 GDPR; court fee approx. €85).

4. Object to AP decisions under administrative law (GALA Art. 7:1).

Start with Het Juridisch Loket Zoetermeer for free assistance.

FAQs for Zoetermeer