Dutch law enforcement should get easier access to personal data stored by companies

Police wants to screen whole groups of citizens to see if they can establish criminal patterns

Dutch police can get easier access to personal information of clients stored in company's databases. All the information stored by companies will be available to the police, proposes the commission Mevis in a report launched at Monday last week. The minister of Justice said he would adopt the proposals in new legislation.

According to the commission, lead by Professor P. Mevis, the current investigative powers no longer satisfy the needs of the police in the information society. Privacy rules are often an obstacle, as are legal definitions, which are not adjusted to the digital developments. Companies don't know what their obligations are. In many cases companies cooperate voluntary in providing confidential client information. But according to the commission Mevis, this situation is not acceptable for both parties.

The commission therefore proposes new investigative powers for the police. Police officers should, without the need of a legal order, get the power to ask personal information like name, address, living place, client number, bank account, access codes, and registration plate. The personal information does not have to belong to suspects; the police are authorised to ask this kind of information for a group of persons, to investigate networks and communications, and floods of money or goods. This is called pro-active investigation: the screening by police of whole groups of citizens to see if they can establish criminal patterns.

A whole range of companies will be forced to work with the police: telephone companies, Internet providers, lease companies, car rental companies, travelling agencies, flying companies, garages, real estate agencies, credit card companies, insurance companies, mortgagors, transport companies, banks, accountants, chemical industry, chambers of commerce, educational institutes, art houses, hospitals, hotels and jewellers.

Location data that will give information where persons or goods were on certain times, which for instance are stored by warehouses and super markets (bonus cards!), telephone companies, travel companies, credit card companies and banks, also have to be given to the police. For this kind of information a legal order by the public prosecutor is needed and there has to be the suspicion of a crime punishable by four years or more. 'Sensitive information', like information on political believes, race, health, sexual habits or membership of trade unions, can be demanded when there is a serious breach of the legal order.

The commission further proposes the power to ask for 'future data', so companies will be obliged to give every bit of new information they obtain in the future. Companies can also get the obligation to work up their registers or database to analyse or combine all bits of information.

The commission and the minister of Justice said at the time of the release of the report that the proposals strike a 'fair balance' between the needs of the law enforcement authorities, the companies and the protection of privacy. According to civil liberties groups, the proposals only reflect the wishes of police. 'The law enforcement authorities drew up their list of presents and they got them all. This proposals means a huge increase in the power of police, with little or none means of control,' commented Bits of Freedom.