Art. 2 Beleidsregel CBP richtsnoeren ANPR

Through the use of Automatic Number Plate Recognition (ANPR), the police can automatically compare scanned number plates with number plates that are stored in files. The stored number plates are therefore already in the possession of the controller. If there is a ‘hit’, the police can immediately take effective action: seize a car or collect a fine. Within the context of its day-to-day police task, the police force has already been using ANPR in practice for some time, although the legal aspects of ANPR have not yet fully crystallised. There may also be differences in application between the various police forces. A lack of clarity with respect to legislation and regulations can adversely affect the protection of personal data collected through the use of ANPR. This publication from the Dutch Data Protection Authority (Dutch DPA) [College bescherming persoonsgegevens (CBP)] provides concrete substance to the statutory requirements for the correct and careful processing of personal data that must be observed during the implementation of ANPR. ANPR is a method for automated recognition and comparison of scanned number plates for the performance of the day-to-day police task. A hit is a signal that a scanned number plate is stored in a comparison file. The comparison file is a collection of selected number plates which has to be up-to-date and correct. Entry in the comparison file has to be justified. A hit leads to direct action enhancing the effectiveness of the performance of the day-to-day police task. A hit adds information to the number plate stored in the comparison file. If a number plate which is stored in the comparison file is not scanned, this also provides information. No-hits are scanned number plates which have not lead to a positive result after being checked against the comparison file. The processing of unlimited data collected for the performance of the day-to-day police task is not in accordance with the law. The starting point is that immediate action takes place on the basis of a hit. This requires, in addition to sufficient capacity to perform these actions, a considered selection of number plates that can be included in the comparison file for the purpose of the performance of the day-to-day police task: the substance assigned to the police task with respect to an action will determine the selection of data per ANPR implementation. Number plates can be selected if they have a relation with alerted vehicles or persons. The implementation of ANPR for the purpose of tracing number plates belonging to persons who are known to the police is only allowed if the persons known to the police have been alerted in connection with a specific and current suspicion or if it concerns such a situation that it would be in the interest of public order that a person or persons known to the police are traced. The quality of the data to be selected is of crucial importance. Careful processing of data requires that use is made of a comparison file with the most recent data. Hits produced by ANPR can be processed as long as they are necessary for the purpose for which they have processed, namely to enrich the existing data. The data must be destroyed if the need for their processing ends. Further processing of hits for other purposes is only allowed if this is provided for by law (the Wet politiegegevens (Wpg) [Police Data Act]). Scanned number plates that do not lead to a positive result after comparison, the so-called no-hits, must immediately be destroyed. This also means it is not allowed to store them for investigations that have not yet been instituted. Scanned number plates that have led to information enrichment after the number plate comparison, both in the circumstance that a hit was produced and in the circumstance that the wanted number plate did not pass by, can be used for further processing if the conditions set in that respect have been complied with. Storing data that have led to enrichment of information is wrongful if this takes place solely for the purpose of investigations that have not yet been instituted. Patterns can only be established on the basis of aggregated data after the scanning of number plates has taken place. A risk assessment can subsequently be reason to undertake targeted action. Data processed by the police during an ANPR action are police data to which the Wpg applies. The Wet bescherming persoonsgegevens (Wbp) [Dutch Data Protection Act] applies if other government bodies, in the proper fulfilment of their public-law duties, wish to check data against passing cars. Wpg and Wbp data must be processed in strict separation. If another government body has grounds for scanning number plates, there will be a separate Wbp process, from the moment of scanning to the result, for which the relevant government body will bear responsibility. If the police force provides scanned number plates to other government bodies, this should be in accordance with the Wpg and the conditions on the basis of this law: the Wpg must provide grounds for the provision, whereby the substantial public interest must be taken into consideration. Both the Wpg and the Wbp provide that scanned number plates that do not produce a hit must be destroyed immediately. It applies to both separate comparison files that the data must be of good quality: up-to-date, correct and not excessive. Responsible parties that violate the provisions of the Wpg and the Wbp may face legal consequences. There are a number of options open to interested parties to obtain justice for themselves, on the grounds of the Wpg and the Wbp as well as on the grounds of the Algemene wet bestuursrecht (Awb) [General Administrative Law Act]. In addition, the Dutch DPA has, in its supervisory capacity, several options under administrative law to enforce the provisions of the Wpg and the Wbp. These include measures such as imposing penalties, imposing an administrative order and imposing orders for periodic penalty payments. Het College bescherming persoonsgegevens houdt onder de Wet bescherming persoonsgegevens toezicht op de naleving van wetten die het gebruik van persoonsgegevens regelen. Onduidelijkheid over wet- en regelgeving kan ten koste gaan van de bescherming van de gegevens van burgers. Daarom geeft het College in zijn Richtsnoeren ten behoeve van toepassing in de praktijk nadere invulling aan de geldende wettelijke normen. Automatische nummerplaatherkenning, ANPR, maakt het voor de politie mogelijk bij het scannen van kentekens persoonsgegevens te vergelijken met bestaande politiebestanden. ANPR wordt door de politiekorpsen ontwikkeld en toegepast zonder dat de juridische aspecten ervan zijn uitgekristalliseerd. In deze Richtsnoeren geeft het CBP zijn standpunt over de toepassing van ANPR in de praktijk. Deze Richtsnoeren zijn gepubliceerd in de Staatscourant van 14 juli 2009. Postbus 93374 2509 AJ Den Haag e-mail info@cbpweb.nl www.cbpweb.nl www.mijnprivacy.nl

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