CMS responds to the legislative proposal on the duty to report data leaks and CCTV

The Dutch government has plans to introduce a notification duty for companies and establishments that become the victim of a "digital break-in" or other security incidents which (potentially) result in the illegal disclosure of personal data. To this end, an amendment to the Personal Data Protection Act (Wet Bescherming Persoonsgegevens) is being prepared. In addition to the compulsory notification of "data leaks" the new law also provides a broader ruling regarding the use of video images from security cameras.

Until the 29th of February 2012, this proposed amendment of the Personal Data Protection Act (Wbp) was open for consultation. The data privacy team from CMS Derks Star Busmann, under the direction of Wouter Seinen and Silvia van Schaik, contributed to this consultation round. Based on the personal experiences of the privacy law specialists and round-table discussions with clients and associates who often deal with data collection and information security, the attached response to the legislative proposal was submitted.

The responses that were received are now being examined and the proposal for the statutory regulation will possibly be amended. Once the Council of Ministers or the Minister has decided about the final proposal, information will be provided in a report outlining the main results of the consultation.