Annual report 2003 

Review of 2003

Although the right to protection of privacy is a constitutional right, this does not make it an absolute right. This right entails handling personal data with proper respect and caution. Vested in this are interests that will require constant balancing against other interests.

In the public sector, this weighing up of interests is ultimately reviewed in parliament and is usually translated into guarantees for citizens with regard to collecting and using their personal data. Citizens usually have no objections to this assessment. Both sides of the balance are after all weighted by authentic interests. However, the rights of citizens in a democratic state of law are not served if government bodies deal with their personal data arbitrarily. A democratic balancing of interests should result in the careful, systematic government processing of citizens’ personal data. The Dutch DPA is concerned about the erosion in public debate of the fundamental principle laid down in international treaties that the use of personal data and violation of personally privacy should be an actual necessity.