Kilometre Pricing Act - the Dutch DPA answers questions from the Standing Parliamentary Committee for Transport, Public Works and Water Management of the Dutch House of Representatives 

Announcement, 25 January 2010
In view of the upcoming debate on the main features of the legislative proposal that will regulate the introduction of kilometre pricing, the Standing Parliamentary Committee for Transport, Public Works and Water Management of the Dutch House of Representatives requested the Dutch Data Protection Authority (Dutch DPA) [College bescherming persoonsgegevens (CBP)] for a further explanation of its legislative advice, also in view of the legislative proposal submitted to the Dutch House of Representatives. Guaranteeing the control of the owner of the motor vehicle of further use of his data constituted one of the main points of the advice issued by the Dutch DPA on 30 September 2008 concerning the draft legislative proposal. The Dutch DPA has since established that the Minister of Transport, Public Works and Water Management has implemented the Dutch DPA's advice in the final legislative proposal.
In the legislative proposal submitted, the owner of the motor vehicle determines what registration provision he will use; the so-called 'thick' or 'thin' box. This constitutes the Minister of Transport, Public Works and Water Management's implementation of the Dutch DPA's legislative advice. The 'thick box' would be preferable from a privacy perspective, because it allows for data minimisation and ensures that control of further use of the data lies with the owner of the motor vehicle. The 'thick' box only transmits aggregated data to the collection agency for the purpose of invoicing: it is not recorded where and when the vehicle was driven. There is therefore no national tracking system. If the owner of the motor vehicle chooses a 'thin' box, a recognised service provider will be charged with the aggregation of the data from the box. The service provider will not be able to use the detailed movement data for any form of service provision unless it has the explicit consent to do so from the owner of the vehicle. The legislative proposal does not contain such financial incentives that owners would be inclined to choose the 'thin' box over the 'thick' one. The legislative proposal further provides, upon the recommendation of the Dutch DPA, that owners will in future always be able to continue using the 'thick' registration provision.
Upon recommendation by the Dutch DPA, the technical specifications and requirements for the registration provision will include that the aggregated movement data for the purpose of invoicing can only be transmitted on a periodical basis. The Dutch DPA also recommended that adequate protection of personal data be added as one of the recognition requirements pertaining to private service providers. The Minister included this in the Explanatory Memorandum to the legislative proposal.
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