THE HAGUE, WILLEMSTAD – Parliamentarians from Curaçao, Aruba, Sint Maarten and the Netherlands are seeking clarity from the Dutch government over which categories of personal data may no longer be fully exchanged within the Kingdom and what consequences this could have for cooperation between the four countries.
The questions were jointly submitted by the four parliamentary delegations participating in the Interparliamentary Kingdom Consultation (IPKO) to the Dutch State Secretary for Justice and Security.
Particular concern surrounds the exchange of information related to security and law enforcement. The parliamentarians want the Dutch government to identify specifically which information could become more difficult or impossible to share, what practical consequences this would have and whether new legislation can be introduced in time to prevent disruptions.
The issue stems from significant differences between privacy legislation in the four countries of the Kingdom.
Although the Netherlands, Curaçao, Aruba and Sint Maarten all have legislation governing the protection of personal data, an inventory discussed during the IPKO in June found substantial differences in their legal frameworks and levels of protection.
Those differences are particularly important when information originates in the European Netherlands, where European Union data protection requirements apply.
The Dutch Data Protection Authority has previously raised serious concerns about the level of protection in Curaçao, Aruba and Sint Maarten, particularly regarding the effectiveness and independence of privacy supervision.
The issue becomes even more sensitive when police and judicial information is involved. Criminal investigations can require the exchange of information about suspects, convicted persons and other highly sensitive personal data. Such information can only be transferred when adequate legal safeguards are in place.
During the Judicial Four-Country Consultation held in Curaçao earlier this month, the four countries acknowledged that they want to make the exchange of police and judicial information easier.
However, they have yet to agree on the legal mechanism.
Dutch Minister of Justice and Security David van Weel said at the time that, when Dutch police information is transferred, Curaçao, Aruba and Sint Maarten currently have to be treated almost like third countries because different laws and legal regimes apply.
The Netherlands has proposed a consensus Kingdom Act as a possible solution, but the approach has faced reservations from the Caribbean countries.
The IPKO delegations are now asking the Dutch government to explain whether existing differences could result in relevant information for residents temporarily no longer being exchanged, or being exchanged only under additional restrictions.
They also want assurances that any necessary legislative changes will be completed within the required timeframe.
The four delegations stressed that their questions should not be interpreted as parliamentary approval for a consensus Kingdom Act. The desirability, substance and legal basis of such legislation would still have to be considered separately.