Research: transparency reports are legal under Dutch law




Companies that publish transparency reports based on anonymous, aggregated data can not be prosecuted. Pursuant to the Telecommunications Act However, the Penal Code and the Law on the Intelligence and Security are less clear.

That concludes firm De Roos & Pen at the request of Bits of Freedom. The jurists viewed the various legal rules that would apply to the publication of aggregate and anonymous figures. This data may say something about the number of claims investigative services impose example telecoms and internet and how often to such a claim is met. However, it was partially unclear whether companies that publish such reports are punishable, for example, for violating confidentiality obligations established. Various laws Moreover Secretary Teeven recently did a call to telecom operators not to publish comparable results.

According to the lawyers of De Roos & Pen to find that imposes secrecy aggregated and anonymous figures refer to the number of claims investigation services. Article is not in the Telecommunications The Criminal Code would be less obvious, but should be decided to prosecute, it would be contrary to the European Convention on Human Rights.

A third law applicable is the law on intelligence and security. Publishing figures that could give the number of exposures of the secret services, knowledge may not be allowed because it would be subject to the confidentiality obligations of this law. This includes data from the GISS and DISS.

According Bits of Freedom can be concluded from the legal analysis of De Roos & Pen that it is possible for companies in the Netherlands to publish on the condition that they are not traceable to a specific investigation. Figures investigative services The civil rights organization therefore suggests that other companies should follow the example of companies like Leaseweb, XS4ALL and RIPE and should be releasing. Transparency reports themselves Despite Secretary Teeven remains considers that the publication of such data “can stand the interests of investigating and prosecuting serious in the way ‘, because attackers could give insight into the functioning of the police and the prosecution.


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