AP: law that allows the government to proactively point out benefits must be clearer

The bill that allows Dutch government agencies to approach people who are entitled to benefits or allowances still needs changes. This was stated by the Dutch Data Protection Authority after assessing the bill.

With the so-called SZW Proactive Services Act, the UWV, the SVB and municipalities can exchange data to check whether people may miss out on benefits or social services. If this is the case, the organizations will soon be able to actively approach these people.

However, the AP still has objections to the current bill. It does not mention which personal data the organizations will process, which means that people cannot properly assess whether they want this. The AP therefore believes that it should be clearly indicated which personal data or categories of personal data the authorities will use. A retention period for the personal data must also be established.

The AP further criticizes the opt-out system of the legislation. People who do not want their data to be used for 'proactive services' can indicate this by opting out. “However, the bill does not state that the UWV, the SVB and municipalities must jointly keep track of opt-outs, so that someone does not have to submit an opt-out separately to all three authorities. This obligation must be included in the bill,” states the AP.