WILLEMSTAD – Curaçao's Parliament has opened discussions with Justice Minister Shalten Hato on proposed Kingdom-wide legislation aimed at strengthening the protection of personal information and improving the secure exchange of data between the countries of the Kingdom of the Netherlands.
On Tuesday, October 27, 2026, the Parliamentary Committee for Kingdom Affairs, Interparliamentary Relations and External Relations met with Hato, who also holds responsibility for Governance, Planning and Public Services, to discuss existing privacy legislation and the possible introduction of a Kingdom Act on Basic Protection of Personal Data.
Parliament meeting on data protection
The meeting began with a presentation by the minister, after which committee members were given an opportunity to ask questions about the proposed legal framework and its implications for Curaçao.
The discussion comes amid ongoing efforts by the Netherlands, Curaçao, Aruba, and Sint Maarten to modernize privacy legislation and establish more consistent standards for protecting personal information throughout the Kingdom.
Differences in Privacy Protection Across the Kingdom
The proposed legislation is part of a broader initiative to harmonize data protection rules in the Caribbean parts of the Kingdom.
Although the four countries already have legislation governing personal information, differences between their legal systems have raised concerns about the extent to which sensitive data can be exchanged safely and lawfully.
These differences are particularly relevant to cooperation between government institutions, police authorities, judicial organizations, and other public agencies that depend on access to personal information.
During the Interparliamentary Kingdom Consultation (IPKO) earlier this year, parliamentary delegations examined whether their respective countries provide the basic level of personal data protection necessary for the exchange of information in essential areas, including public security.
The discussions also addressed Convention 108+, the modernized international data protection treaty developed under the Council of Europe.
The convention establishes principles for protecting individuals when their personal information is collected, stored, processed, or transferred.
For the Caribbean countries of the Kingdom, alignment with these standards is an important part of the proposed modernization process.
Curaçao Already Has Privacy Legislation
Curaçao's Constitution recognizes the protection of personal privacy as a fundamental right.
Article 12 establishes the right to respect for private life and provides a constitutional basis for legislation regulating the collection and disclosure of personal information.
It also recognizes individuals' rights to receive information about personal data collected concerning them and to have inaccurate information corrected.
The island's existing Personal Data Protection Ordinance establishes general rules for processing personal information.
However, a document submitted by Curaçao's parliamentary delegation during the 2026 interparliamentary discussions indicated that arrangements for an independent supervisory authority were still being prepared.
Independent oversight is an important component of effective privacy protection because it provides a mechanism for supervising compliance and addressing possible violations.
Curaçao also has separate privacy-related provisions governing medical confidentiality, population registration, education, police information, financial institutions, and other areas where sensitive personal information is processed.
The challenge facing policymakers is determining how these existing rules should interact with a more comprehensive Kingdom-wide framework.
Proposed Kingdom Act Could Establish Common Standards
The Netherlands and the Caribbean countries have been working on a proposed consensus Kingdom Act on data protection.
The legislation is intended to establish a more harmonized and higher level of protection for personal information in Aruba, Curaçao, Sint Maarten, and the Caribbean Netherlands.
Another objective is to make the exchange of personal information within the Kingdom more efficient while maintaining appropriate safeguards.
According to information previously provided to the Dutch Parliament, the legislative process was expected to involve the justice ministers of the four countries through the Judicial Four-Party Consultation.
Earlier planning documents anticipated that a complete draft and an assessment of the law's implementation consequences could be shared during the second half of 2026.
The previously outlined legislative timetable also contemplated further government consideration and public consultation in 2027, followed by advice from the Council of State and possible submission to Parliament in 2028.
These were projected milestones rather than confirmed implementation dates.
The proposed consensus Kingdom Act would not automatically replace every existing rule governing personal information.
Certain areas, including intelligence and security services, elections, and population registration, were identified for separate treatment because they are governed by legislation that regulates more than data protection alone.
Concerns About Future Information Exchange
The issue has also attracted attention in the Dutch Parliament.
During discussions earlier this year, members of the Dutch Senate raised questions about whether differences in privacy standards could eventually restrict the exchange of personal information between the countries of the Kingdom.
Particular concern was expressed about information sharing in security-related matters.
Parliamentarians wanted clarification on whether the planned legislation would enter into force in time to prevent possible restrictions and what consequences delays could have for government cooperation.
In an August 28, 2026 response to the IPKO discussions, Dutch State Secretary for Kingdom Relations Eric van der Burg acknowledged that differences in personal data protection remain between the four countries.
He confirmed that work on harmonizing the legal frameworks was continuing.
The Dutch government also indicated that the Ministry of Justice and Security was coordinating the legislative process on the Netherlands' side, while the Caribbean delegations could address questions to their respective justice ministers.
Implications for Curaçao
For Curaçao, the proposed framework raises questions about how personal information will be protected, which authorities will supervise compliance, and how data can be exchanged with institutions elsewhere in the Kingdom.
The issue affects more than government administration. Personal information is routinely processed in healthcare, education, social services, law enforcement, and other sectors.
A common legal framework could help establish clearer standards for handling such information while reducing uncertainty about cross-border data transfers.
At the same time, implementation would require attention to Curaçao's existing legislation, administrative capacity, and the responsibilities of its own institutions.
Tuesday's parliamentary committee meeting provided an opportunity for lawmakers to examine these matters directly with Minister Hato.
The brief parliamentary announcement confirmed that the minister delivered a presentation and answered questions from committee members. It did not disclose the substance of his answers or announce any decision on the proposed legislation.
The discussions therefore represent part of an ongoing legislative process rather than the adoption of a new privacy law.
As negotiations continue at the Kingdom level, Curaçao will have to determine how the proposed common standards can be incorporated into its legal system while maintaining effective protection of residents' personal information.