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In 2023, the benefits scandal (Toeslagen affaire) advanced with hearings led by the parliamentary committee on Fraud Policy and Services. Despite these sessions, it became evident that little had changed. This lack of progress was unexpected, especially given the frequent summoning of the Dutch Data Protection Authority (AP) by the committee to address previous shortcomings. However, the AP continued to confront challenges related to algorithms and discrimination, as outlined in their 2023 annual report.

Judges and appeals committees must be vigilant regarding government decisions where algorithms have played a role. Additionally, the government should proactively be transparent about its use of algorithms. This was advocated by Aleid Wolfsen, chairman of the Dutch Data Protection Authority (AP), during a meeting in the Week of the Rule of Law on artificial intelligence (AI) in the judiciary.

The draft law allowing government agencies to proactively approach individuals eligible for benefits or allowances requires further modifications, according to the Dutch Data Protection Authority (AP). Specifically, individuals should receive clear information in advance about which personal data will be exchanged between agencies. The AP’s findings come after reviewing the proposed Law on Proactive Service Provision by the Ministry of Social Affairs and Employment (SZW), which amends the Implementation Structure Act on Work and Income (SUWI).

Since the introduction of the European Artificial Intelligence Act (“AI Act”) in March this year, guidance and recommendations by various Data Protection Authorities (“DPAs”) has been published. The most recent recommendations of the French Data Protection Authority (“CNIL”) are no different.

In April 2024, the European Parliament approved the European Health Data Space (EHDS) regulation, which is expected to be ratified by EU member states soon. The aim of these data spaces is to unlock extensive repositories of existing data and facilitate their accessibility for research, innovation, and development, while ensuring compliance with pertinent data protection regulations.

New problems arise for Facebook (and its owner Meta) in the EU. After receiving a fine of €390 million from the Irish Data Protection Commission (DPC) over the legal basis for targeted advertising, the Dutch Data Protection Authority questioned the use of Facebook by governmental bodies.

Due to the number of frequently asked questions the Dutch Data Protection Authority has received about the use of facial recognition, the AP has released a guidance about the use of facial recognition.

In recent years, the deployment of “tracking traffic lights” in the Netherlands has raised significant privacy concerns among both policymakers and citizens. These innovative traffic lights, designed to communicate with mobile phones of road users, have the capability to gather vast amounts of personal data, prompting intervention from the Dutch Data Protection Authority (AP). With the AP sounding the alarm once again, it is imperative for the Ministry of Infrastructure and Water Management (IenW) to take decisive action to address these privacy risks. 

The American Privacy Rights Act (“APRA”) has been unveiled. This comprehensive draft legislation sets clear, national data privacy rights and protections for Americans, eliminates the existing patchwork of state data privacy laws and establishes robust enforcement mechanisms to hold violators accountable, including the private right of action for individuals.