Privacy

Watch this video “How do we deal with the privacy of residents” to see how the municipality deals with personal data.

The City of Leeuwarden has appointed a Data Protection Officer (DPO). The DPO is an independent supervisor who checks within the organisation whether the local authority is complying with privacy rules. Consider, for example, the ‘General Data Protection Regulation’ (GDPR), the ‘Privacy Directive’ and all kinds of other rules such as the ‘General Data Protection Regulation Implementation Act’ (UAVG), the ‘Personal Data Protection Act’ (BRP) and much more.

You can contact the DPO if you have any questions about the processing of personal data. You can do this by:

• Filling in the online form on the ‘Personal data’ page.
• Sending a letter to:
  Gemeente Leeuwarden
  For the attention of Data Protection Officer
  Postbus 21000
  8900 JA Leeuwarden
• Sending an email to gemeente@leeuwarden.nl.

We process your personal data in order to help you. This starts as soon as someone registers with the local authority and ends upon certification of their death. For as long as you are a local resident you will have various dealings with the local authority. That includes your local tax assessment, recording a marriage, assessing your status for applying for a licence, benefit or care provision or adding your building or refurbishment details to the land registry. This is all based on the local authority’s task.

Would you like the municipality to do something for you? To apply for a benefit for example? Then it is always necessary to provide your personal data. What if you do not do this? Then we will not be able to help you and will turn down your application.

It is possible that you want to know more specifically what personal data of yours is processed and when. You will find below a list of the local authority’s various tasks and activities. More information is provided here about which personal data we use for the purpose.

The ‘Processing register‘ sets out what the City of Leeuwarden does with personal data. Personal data is any information about an identified or identifiable natural person. This means the information is either directly about someone or traceable to them. For example, your name, address, place of residence, telephone number, email address or postal code and house number.

What’s in the registry?

• Who is responsible for using the personal data (such as the mayor).
• Why we use the personal data.
• Why we keep the personal data.
• Whose personal data we use and keep.
• Which personal data we use and keep.
• How long we keep personal data.
• Who we pass on the personal data to.

General Data Protection Regulation (GDPR)

This regulation sets out which data must be included in the register. The 12 columns contain information about:

• Department name (which department of the City of Leeuwarden carries out this process).
• Processing (what is done).
• Processing description (explanation of what is done).
• Controller (who is responsible).
• Processing purposes (why we do this).
• Legitimate reason (why we are allowed to do this).
• Categories of data subjects (categories of whose personal data we use).
• Categories of personal data (which personal data we use).
• Retention period (how long we are allowed to keep the personal data).
• Categories of recipients (who we pass the personal data on to).
• Cooperating parties + agreement/privacy protocol (whether we work with others).
• Joint responsibility (whether the City of Leeuwarden and the cooperating party are both responsible).

Questions about the register?

Send an email to the Data Protection Officer at gemeente@leeuwarden.nl.

The privacy statement explains how the local authority handles your personal data and what your rights are. You will find more information on this page under the tabs below.

You can call us by phone or contact the local authority using contact forms. You are of course also welcome to come to the Town Hall. You can contact us for various purposes.

If, for example, you call for a new leaflet, we will need your address details to send it to you. In that case we have what is called a ‘legitimate interest’ in registering your details so that we can send you the information. Are you coming by to apply for a permit or facility? We also need certain personal data. That is laid down by law. We will usually ask you for the following details if you come to see us:

• Citizen service number (BSN)
• Date of birth
• Name, address and contact details

You can also reach us by Whatsapp, Twitter, Facebook and Live Chat. Unfortunately, the security needed to communicate through these channels is not always guaranteed. We therefore advise you to share as little personal data as possible with us through these channels. We cannot answer person-based questions about matters such as a decision, permit or file because they require proof of identity. If you leave us your telephone number we will contact you to find out how we can help. You will first be asked a number of identifying questions.

The local authority is obliged to keep certain key registers. Examples include the Key Register of Persons (BRP), the Key Register of Addresses and Buildings (BAG) and the Key Register of Valuation of Immovable Property (WOZ). These tasks are laid down in Section 1.4 of the BRP, Section 2 of the BAG and Section 1 of the WOZ. The data we keep differs between systems. We register information including your:

• Name and address
• Sex
• Nationality
• Date of birth
• Place of birth
• Family relationship
• Civil status
• Citizen service number (BSN)
• Administration number
• Details about your children
• Place of residence
• Residence status if you are from another country
• Parental custody and guardianship. Minors come under the authority of their parents or a guardian or carer. This is laid down in the BRP, just as when someone is placed under guardianship.
• Travel document
• Details about your voting right if you are excluded from this

The local authorities is responsible for ensuring that residents pay local tax. That is laid down in the Municipalities Act and other local authority rules. For that purpose we use data including your:

• Citizen service number (BSN)
• Name and address and contact details
• Sex
• Date of birth
• Place of birth
• Place of residence and family relationships
• Land registry details
• Values under the Valuation of Immovable Property Act (WOZ)
• Company details
• Your number plate and registrations with the Netherlands Vehicle Authority (RDW)
• Work and benefit relationships
• Financial details
• IBAN

The local authority is responsible for properly implementing the Youth Act (Section 2.6 of the Youth Act) and the Social Support Act 2015 (Section 2.1.1). The local authority provides assistance and care in areas such as upbringing and parenting problems, youth health care, childcare, school transport and the preparation of an individual action plan (‘trajectplan’).

Children aged 6 to 16 are subject to compulsory education, which is overseen by the local authority’s compulsory education officer. This is required under Section 16 of the Compulsory Education Act 1969. For all these matters, the local authority records various data of both children and parents. We do this so that we can do our job as well as possible and help you the best we can.

We process the following children’s data:

• Name and address and contact details
• Date of birth
• Sex
• BSN/education number
• Administration number
• Nationality
• Registration details with the local authority
• Registering and deregistering with and from school
• Absence information
• Health information

We register the following parents’ details:

• Name and address and contact details
• Citizen service number (BSN)
• Sex
• Date of birth
• Bank details (for allowances)
• Income statement (on commencement of allowances)

The local authority supports its residents with money matters, finding a job (possibly through reintegration) and providing benefits if necessary. This is provided for in Section 7 of the Participation Act. We register your personal data to provide you with the assistance you require and check whether you are entitled to certain provisions. The local authority uses information including the following for this purpose:

• Name and address and contact details
• Date of birth
• Citizen service number (BSN)
• Financial details
• Bank details
• Information about your health (if it affects whether you can return to work or need benefits)
• Criminal records (for benefit entitlements)

The local authority can also help you with debts. The local authority is therefore informed if you stop paying your rent or energy bills, for example. The housing association, energy company or health insurance company will pass this information on to us. This is also regulated by law, in Section 3 of the Municipal Debt Counselling Act.

The local authority is responsible for issuing a wide range of permits and exemptions. They include, for example, an environmental permit, a licence for catering or parking or an exemption for loading and unloading. The personal data needed for this purpose depends on the licence or exemption. That is laid down by law or in other regulations.

The local authority is responsible for supervision and enforcement regarding the liveability and safety of public spaces (the districts in the city and the villages around it). This includes, for example, the eviction of squatters, the closure of drug premises, aftercare when ex-convicts return to society and camera surveillance to monitor public order. But this is also about crime prevention and supporting police investigations. This is in the public interest, i.e. for the safety of you and those around you. In these cases, too, it is necessary to record personal data, for example:

• Name and address and contact details (of the person concerned and possibly family members)
• Citizen service number (BSN)
• Aliases and nicknames
• Date of birth
• Place of birth
• Images of the person concerned
• The nature, cause, extent and location of general or specific nuisance behaviour
• Criminal records
• Financial details
• Other special personal data such as sexual orientation, religion and political affiliation

The local authority can put up cameras in and around government buildings. Camera surveillance is primarily to protect the security of persons, buildings, premises and things entrusted to the care of the local authority. The cameras also allow us to see whether people banned from buildings are complying with the ban. The cameras are also there to protect public figures such as the mayor. Here, too, the local authority has a ‘legitimate interest’ in providing this security. If something happened, the people involved can be identified through the CCTV footage. That information becomes data under criminal law. Authorisation to use those images is provided for in Section 33(2)(b) of the General Data Protection Regulation (Implementation) Act (UAVG).

To properly carry out our tasks, we as a local authority work with various partners, institutions, providers and other government agencies. Examples include:

• The Sociale Verzekeringsbank (SVB)
• Care providers
• Social workers
• Referrers (such as GPs)
• Debt assistance providers
• Parties who act on behalf of the local authority (such as Amaryllis)
• UWV Employee Insurance Agency
• Reintegration firms

We have sound agreements in place to protect your privacy with all the parties we work with. These agreements are laid down by law or in a contract we have with these parties.

The City of Leeuwarden stores data only within the Economic European Area (EEA). In fact, we store most of the data in data centres in Leeuwarden itself.

The local authority also uses ‘cloud applications’. Virtually all of the data is kept in the Netherlands. That means your personal data is always protected at the same European level.

We do not intend to transfer the data to countries outside the European Economic Area or to store data there. That includes countries for which the European Commission has not issued an adequacy decision.

The local authority generates and receives a great deal of information. That information is important to the organisation of the local authority itself, but also to being able to explain why the local authority does certain things. This is necessary for public accountability, legal discovery and from a cultural history perspective. For that reason, there are rules to ensure that public organisations store their information properly. Those rules are in the Archives Act and are elaborated for the local authority in the ‘selection list’. This list states exactly how long the local authority must keep various types of information and then destroy it. How long information must be kept depends on the type of information. And whether the information has been used in a lawsuit, for example. There is even some information that may never be destroyed and must be kept indefinitely.

Do you have a question about retention periods? Please submit them to our Data Protection Officer. Or visit the Historical Centre Leeuwarden. That is where thousands of linear metres of the local authority’s historical documents are kept in special climate-controlled archive cellars. Expert staff are happy to help visitors search through the archives, population registers, photos, building plans, newspapers and many other sources.

Is your personal data incorrect? Or would you prefer the City of Leeuwarden not to keep certain personal data? In that case, you can view your own personal data and have it corrected or deleted if necessary. You can:

• Request access to the personal data we have about you so that you can check that it is correct and properly entered in the system.
• Ask us to amend, correct or supplement personal data if it is incomplete.
• Ask us to restrict processing, delete data or object to the registration of data.
• Requests for extra information After reading this privacy notice, do you still have questions about how the local authority generally handles personal data? You are always welcome to contact us to ask them.
• You can submit a complaint to the Data Protection Officer or directly to the Data Protection Authority (DPA). You can contact the DPA at the website de website ‘Autoriteit Persoonsgegevens’. The Authority will usually ask you to first contact the local authority’s Data Protection Officer to deal with your complaint.

Have you previously consented to certain data being registered? Ten you can withdraw that consent. In practice, you are virtually never required to give consent.

You can obtain your digital data in a digital file This is also referred to as ‘data portability’. This is only possible if the data was registered under an agreement or with your consent. That is virtually never the case with the local authority. Are you moving to another district and still want to take important information we hold digitally to your new district? If so, contact us and we will see what we can do to help you.

The right to view your data in the GDPR is intended to allow the local to check the following:

• Is my personal data being used?
• If so, what is done with it by law?

This does not necessarily mean that you will receive a copy.

Would you like to receive a copy of a file or other item?

Of course, that is possible. We would like to know why you are making the application.

How to make an application

Complete this online questionnaire. That way you will find the right form yourself.

Are you requesting access to or copies for yourself or another person? Logging in with DigiD is mandatory.
You do not need to log in with DigiD for general questions.

Would you rather contact us by telephone or visit the Town Hall? No problem. We will note your details and you will be called to make an appointment.
Take valid proof of ID with you.

Contact details

• Address:
  Gemeente Leeuwarden
  Oldehoofsterkerkhof 2
  Postbus 21000
  8900 JA Leeuwarden
• Telephone:
  14 058
• You will find the Town Hall’s opening hours on the ‘Contact’ page.

Data Protection Officer

The City of Leeuwarden has appointed a Data Protection Officer (DPO). The DPO is an independent supervisor who checks within the organisation whether the local authority is complying with privacy rules. Examples include:

• The General Data Protection Regulation (GDPR)
• The Privacy Directive
• The General Data Protection Regulation (Implementation) Act (GDPR).
• The Key Register of Persons Act (BRP)
• And so on.

Contacting the Data Protection Officer

You can contact the DPO if you have any questions about the processing of personal data. You can do this by:

• Filling in the online form on the ‘Personal data’ page.
• Sending a letter to:
  Gemeente Leeuwarden
  T.a.v. Data Protection Officer
  Postbus 21000
  8900 JA Leeuwarden
• Sending an email to gemeente@leeuwarden.nl.

Identification

We will always ask you to identify yourself. That is because we have to know you are who you say you are. The aim is to protect you and others. You can identify yourself as follows:

• Electronically by submitting your request using the online form on the ‘Personal data’ page. That way, you will be identified through DigiD.
• Visiting the Town Hall If you visit us, you will need to present valid ID. A copy does not meet the requirements.
• Would you like to submit a request on behalf of someone else? You can do so by completing the digital request form together with that person and their DigiD. You prefer to come to the Town Hall In that case, make sure you have a written authorisation as well as valid proof of identification for both you and a copy of the identity document of the person concerned.
• Would you like to view your child’s personal data? We will then first check in our system whether you have parental authority.

Handling personal data

After establishing your identity, the Data Protection Officer (DPO) will process your request. The DPO will then consider whether your request complies with laws, regulations and the local authority’s guidelines. Once you have given us all the details and we have established that your request meets the legal requirements, we aim to process your request within a month. It is possible that we will have additional questions for you.

Do you have a very complicated request? Then it may take us a little longer to fulfil it, but you will hear from us soon.

We will remove the names of other people in our reply. That includes the names of reporting parties, complainants and employees, for example. Just like you, they have a right to protection of their privacy.

If you disagree with our decision, you have the right to file an objection against it. In the letter, we explain how you can do this and the deadline.

If we do not meet your request in whole or in part, we will explain why in the decision. Are you curious about what guidelines the municipality uses for this? Then read on below.

Not or only partially meeting a request

Sometimes, we may wholly or partially turn down your request. That is possible in the cases listed below:

• If the refusal is necessary in the interests of national security, public safety, prevention, crime investigation and the prosecution of criminal offences. This could also be to protect the rights and freedoms of the person concerned or others. There are also further restrictions in Section 23 of the GDPR. For example, if a request is made to view a child’s file when there is a reasonable suspicion that this information could be misused in a divorce, we will turn down the request in order to protect the child and your partner. A request to view information may also be turned down if there is an ongoing fraud investigation (at the time of the request) to which the request relates.
• If the request is related to an ongoing objection or appeal procedure. To make the process fair for both you and the local authority, your request may be turned down in an ongoing objection or appeal process. That is because you will be receiving the documents in any event.
• If the request is ‘disproportional’. You can make a maximum of two requests per calendar year related to the same subject or matter.
• If the request is not limited to a single facility, case or file. This is because the local authority has a large number of tasks. The amount of data processed is enormous. Therefore, we cannot fulfil a general request. For that reason, we will always ask you to specify your request.
• If you fail to meet the requirements. For example, not being able to identify yourself or asking for something you are not entitled to.
• If we suspect that a right is being abused. You can view your personal data to check whether it has been properly registered. You may not use that right to challenge a licence, for example.
• In some cases, a request under the Open Government Act ‘Woo-verzoek’ is a better way of bringing certain information to light. You will find more information on this subject on the ‘Submitting a request under the Open Government Act’ page.

The local authority knows that average incomes are higher or lower in certain postcode areas. It also knows in which districts there is more crime than average. That does not affect the amount of tax you pay. This illustrates that the local authority does not do what we call ‘profiling’.

For example: One of the tasks of the municipality is to levy taxes. Consider, for example, the waste tax. There are various payment rules Do you live alone? Then you pay a single person’s tax. Do you live with several people? Then you pay the multi-person tax. It makes no difference where you live. This tax is determined through automatic decision-making.

In some cases the local authority needs to use your personal data for purposes other than those for which it was initially collected. This is only possible if it is in keeping with the original purpose. If in doubt, the local authority first does a kind of risk analysis, called a Privacy Impact Assessment (PIA).

For example, the local authority uses (personal) data to investigate whether its policies are working as intended. We do this to prepare new policies and to monitor their quality. To investigate this, we sometimes need to combine data. For example, we can view compulsory education records to establish whether new policies on integrated youth aid are actually working in a particular school. We virtually always use anonymous data in these types of surveys.

Since the local authority is close to the resident and can therefore serve residents better, it is being given more and more tasks. The local authority is responsible for many tasks in areas such as youth, safety, welfare and care. For that reason, the local authority works with all parties in the field to ensure that policies are implemented close to the resident and in an integrated and solution-oriented way. Not based on various laws, but on the personal experiences of the person asking for assistance. Custom services!

This centres on the resident’s own strengths. We first consider what the residents can solve themselves or with help from the people around them. The local authority offers help if that is not successful.

What happens if that request for help was formulated a long time ago and the local authority has not yet been able to provide customised assistance? For example, if you use several forms of services, support and if various social workers and consultants are involved. The data already known to us may only be enough to provide a fragmented service. In that case, we may contact you to set up a new customised plan with you: one family, one plan, one coordinator. In many cases, Amaryllis does this on behalf of the local authority. Do you not want to wait for that and do you urgently need to draw up a tailor-made plan together with your consultant that is completely tailored to your needs for help? Please contact us.

Sometimes the local authority (or Amaryllis on its behalf) will contact you completely unexpectedly. You may not have had any contact with the local authority for years at that point, and you may not be expecting it at all. That could come as a surprise to you. But the local authority does not do this for no reason, and we will try to explain why.

You can ask the local authority for assistance. But the local authority can also offer you assistance. The local authority’s responsibilities include care avoiders, early detection of debt problems, aftercare for ex-convicts and referral to compulsory mental health care. The local authority also has several hotlines, such as for child abuse or nuisance. This is all provided for by law. We are obliged to investigate reports such as these. It is possible that we will contact you for that reason.

That is why the local authority not only obtains information from you, but also from other sources. When this is done and who by depends on your individual situation. This could include the following parties:

• Other local authorities
• The Central Administration Office for Exceptional Medical Expenses (CAK)
• The Sociale Verzekeringsbank (SVB)
• The Employee Insurance Agency (UWV)
• Parties listed in Section 64 of the Participation Act
• Key Register of Persons (BRP)
• The Tax Administration (Belastingdienst)
• The bailiff
• Creditors
• The Netherlands Vehicle Authority (RDW)
• The Education Executive Agency (DUO)
• The Central Judicial Collection Agency (CJIB)
• The police
• The Regional Information and Expertise Centre (RIEC)
• In the context of early debt detection, you may be contacted by the following parties:
  • Vitens
  • De Friesland Zorgverzekeraar
  • Eneco
  • Oxxio
  • Woonenergie
  • Essent
  • Housing corporations
  • Energiedirect.nl
• Veiligheidshuis Fryslân, in which the following chain partners participate:
  • Openbaar Ministerie Noord-Nederland (OM) (public prosecution service)
  • Politie Noord-Nederland (the police)
  • Regiecentrum Bescherming en Veiligheid (Jeugd- en Gezinsbescherming en Veilig Thuis Friesland) (Child and family protection services)
  • Raad voor de Kinderbescherming Noord-Nederland (child protection service)
  • GGZ Friesland (health authority)
  • Reclassering Nederland Midden-Noord (probation service)
  • Leger des Heils Jeugdbescherming en Reclassering Noord-Oost (youth protection and probation service)
  • Verslavingszorg Noord-Nederland (Reclassering en zorg) (addiction service)
  • Dienst Justitiële Inrichtingen Samenwerkingsverband Noord (PI Leeuwarden) (custodial institutions agency)
  • Frisian housing corporations
  • Veiligheidsregio Fryslân, including GGD Fryslân (security service)

Not only the City of Leeuwarden uses your personal data. All government bodies in the Netherlands use it, too.

You will find an overview at de website ‘Mijn Overheid’. There you can see what personal data of yours is registered with the various government organisations. This is where to go for an overview of your data in the Key Registration of Persons (BRP).

This is also the place to go for a global overview of data about your house, such as its value under the Value of Immovable Property Act (WOZ). The Central Governments’ website shows which organisations can access the Key Registration of Persons (BRP) to carry out their work.

You can ask the local authority not to pass on your details from the Key Registration of Persons (BRP). In that case, your details will not be passed on to certain organisations. This could be because you are staying at a women’s refuge, for example. In that case, all your data in the BRP is treated confidentially. You can request confidentiality only for yourself and for your minor children. If your child is of age, they must request confidentiality themselves. You are not obliged to explain why you are requesting confidentiality.

Have you asked your municipality not to provide personal data? In that case, the municipality may not pass on your personal data to, for example, sports clubs, church organizations or charities. Applying for confidentiality For more information, see the page ‘Confidentiality of Personal Data’.

Does an organization need your data to perform their task? For example, for collecting taxes or paying your pension? In that case, the local authority is obliged to pass on your personal data. In that case, your data will not be kept confidential, even if you have requested it.

To secure your personal data, the local authority takes measures to prevent its misuse, loss and unauthorised access. We do this as set out in the Government information security baseline (BIO). The BIO contains rules on information security for the government, the State, water boards and provincial authorities. Examples include:

• Determining who may be granted access to certain data based on their position. Those who do not need it for their job positions are not granted access.
• Employees have a duty of confidentiality and must provide a Certificate of Good Conduct (VOG) upon accepting employment.
• The data is stored on servers within the European Economic Area (EEA).
• Organising training for our employees, including on how to deal with personal data and data breaches.
• Keeping a register of security incidents and data breaches.
• The ability to email sensitive information in encrypted form.

You will find more information about the BIO on the website of the Information Security Service.

Sometimes things go wrong despite all the security measures. That could involve an email being misdirected, a file getting lost or a laptop being left on the train.

It is important that the local authority is informed of this as soon as possible. That way, measures can be taken to prevent the situation getting worse.

If you suspect a data breach:

Report it to our Data Protection Officer by calling 14 058 or sending an email to gemeente@leeuwarden.nl. We will investigate the data breach and try to mitigate the consequences. If necessary, we will notify the Data Protection Authority and the people involved.

Why bodycams are used

We want our law enforcers to be able to do their jobs as safely and effectively as possible. Pilots in the police and in other cities show that bodycams are a valuable tool. For example, to de-escalate unsafe situations for the law enforcement officer and reduce unfair treatment.

Is the camera always on?

Yes, the camera is always kept on. The camera has a one-minute buffer as standard. These passively captured images are automatically deleted after that duration. Only if a law enforcement officer feels unsafe or when a situation threatens to escalate, can the officer ‘actively’ have the bodycam images stored. A law enforcement officer will always let you know if they turn on the camera.

I do not want to be filmed. Can I refuse?

No, law enforcement officers are authorised to decide what is recorded. They do not require the consent of individuals to be filmed.

What is done with the recordings?

The recordings are kept in a secure environment after each shift. A small number of people have access to the recordings. Records are kept of when and by whom the recordings are viewed. The recordings are deleted and destroyed after 28 days. If recordings become part of a complaint procedure or request to view them, they are kept according to the retention period (Archive Act) and destroyed after this period expires. Images provided to the police for investigative purposes are retained by the police as police data.

Do all law enforcement offices have a camera of their own?

Yes, all law enforcement officers have their own camera.

What other rules are there?

The City of Leeuwarden handles the images securely. We comply with personal data regulations and respect the privacy of all residents. The GDPR includes a number of data subjects’ rights that you can invoke. More information about these rights and how to invoke them is given on this page.

Amendments to the privacy statement

The privacy statement may be amended from time to time. This is because not only is technology changing, but so are laws and regulations. To ensure that your personal data is always properly protected, certain processes or operations need to be adapted. Want to be kept informed? Please check this website regularly. You will see the version date at the top of the page.

Privacy policy

The City of Leeuwarden has a policy concerning the GDPR. How do we handle residents’ requests? What does the local authority regard as a ‘high risk’? What about the use of the citizen service number (BSN)? You will find the answers to these questions in the policy document:

Beleidsnotitie gegevensbescherming maart 2020 (PDF, 905.69 KB)

As well as the GDPR, the City of Leeuwarden also has responsibilities under the Wpg (Police Data Act). The Boas (special investigating officers) of the City of Leeuwarden perform tasks that fall under the Wpg for public order and compulsory education domains. You will find below the privacy policy supplement, which explains the policy concerning the Wpg:

Addendum Wpg December 2022.

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