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Protection of personal data

The Guardianship Council CN performs a number of tasks that require processing of personal data. This data relates to clients (children and their parents, guardians or legal representatives) and other interested parties with whom the Guardianship Council CN has contact. When processing personal data, the Guardianship Council adheres strictly to standards consistent with the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens). Exceptions may however occur where necessary. In such cases, the Guardianship Council CN must apply for an exemption from the Dutch Data Protection Authority.

What is personal data?

Personal data is information that directly relates to a person or information that can be traced back to that person. Examples of personal data include addresses, phone numbers and email addresses. Some personal data is especially sensitive because processing it may have a significant impact on a person's life. Information revealing something about a person's race, religion or health are examples of particular personal data to which special laws apply. Such information also includes criminal justice data, such as a criminal record and protective measures. The law provides special protection for this data. The personal data of children is always sensitive and therefore always receives special protection.

Processing of personal data in Guardianship Council investigations

The  Guardianship Council CN retains both digital and paper records of personal data for the performance of some legal duties. Such data is only processed when it is necessary for the purpose for which it is collected. The Guardianship Council CN does not process more personal data than necessary. Such data may include your name, address and place of residence, as well as other information such as date of birth, place of birth or nationality. This data is kept highly confidential and appropriately secured. The Guardianship Council CN employees are subject to a confidentiality obligation.

Obligation to disclose personal data

The Guardianship Council CN will notify a client that personal data will be processed and for what purpose. The Council will inform clients of this fact in its first letter to them. It will only deviate from this practice if:

  • Data subject(s) are already aware that personal data will be collected and processed, and for what purpose;
  • Nondisclosure is necessary in order to prevent, detect and prosecute criminal offences;
  • Nondisclosure is necessary in order to protect the rights and freedoms of data subjects and/or others;
  • Data has not been obtained directly from the data subject and disclosure proves impossible or involves disproportionate effort and recording or disclosure is required by law.

With whom will your personal data be shared?

No one simply has a right to information about another person's personal data. In many cases, the Guardianship Council CN may disclose information to third parties only with the data subject's consent. The Guardianship Council CN does, in some cases, have the authority and sometimes even the legal obligation to request data from other organizations or provide it to them. Organizations with which the Guardianship Council CN collaborates and may share data include the court, the Public Prosecutions Office, Care and Youth Caribbean Netherlands (ZJCN), juvenile probation and the police. A report may also be sent to the data subject's attorney. The data subject will always be notified whenever information is sent to third parties.

Data recorded by the Guardianship Council CN may also be used for (scientific) research, providing the data subject's anonymity is guaranteed.

Obtaining your own council file

Any involvement of the Guardianship Council CN with the child and his/her parents is recorded in a council file. This file contains the child's and parents' personal data and relevant documents, such as the council report. The Guardianship Council CN retains the council file until the child is 24 years old. A council file is retained indefinitely in the event of a custody termination and adoption or foster care screening.

A client may request that the Guardianship Council CN review his or her file or obtain a copy of it. The client must show identification to undertake such action. There are circumstances when the Guardianship Council CN may not be able to approve the request immediately, such as when the council file also contains personal data of others or when disclosure is not in the young person's best interest. The Guardianship Council CN first solicits the views of the other data subjects and then decides on this request. Adopted decisions are always justified in writing and are subject to objection.

If you would like to see the file that the Guardianship Council CN has on you, please contact the location handling your case. Do you feel that your information is incorrect or incomplete? You can submit a request to have your information deleted, revised or supplemented.