Unlawful Processing of Personal Data in Westland

Unlawful Processing of Personal Data in Westland

In Westland, local businesses such as greenhouse horticulture companies and shops often process your personal data. Unlawful processing occurs when they use this information without a valid legal basis or in violation of GDPR rules. This can lead to fines, damage claims, and sanctions. This article explains what it means for Westland residents, your rights, and steps to take action through local support services.

What is unlawful processing of personal data?

Personal data includes all information about you as an individual, such as name, Westland address, email, medical data, or IP address. Processing means any action involving that data, from collection to sharing.

Unlawful processing violates the General Data Protection Regulation (GDPR), which requires processing to be lawful, fair, and transparent. Without your consent, contractual necessity, or legal obligation, it is not allowed. Consider a Westland horticulture company sharing your contact details with suppliers without permission, or a local employer leaking health information.

This endangers your privacy and can result in identity theft or unfair treatment in the region.

Legal basis

Central to this are the GDPR (Regulation (EU) 2016/679) and the Dutch GDPR Implementation Act. Key articles:

• Article 5 GDPR: Principles such as lawfulness, purpose limitation, and data minimisation.
• Article 6 GDPR: Legal bases including consent, contract, or legal task.
• Article 9 GDPR: Strict rules for sensitive data such as health information.
• Article 82 GDPR: Right to compensation for damage caused by breaches.

The Autoriteit Persoonsgegevens (AP) oversees compliance and imposes fines up to 4% of global turnover (or €20 million). In Westland, you can challenge AP decisions at the Westland District Court.

Lawful versus unlawful: an overview

Here's a table outlining the differences:

Practical examples from Westland

1. Advertising without consent: A Westland supermarket sends promotional emails without opt-in, violating art. 6(1)a GDPR.

2. Data breach due to weak security: A greenhouse company stores customer data insecurely, leading to theft (art. 32 GDPR).

3. Municipal misuse: Municipality of Westland shares your income details with a local football club without justification.

4. Employer: A Westland company emails payslips to the wrong recipients, breaching art. 9 GDPR.

Your rights as a Westland resident

Data subject rights (art. 15-22 GDPR):

1. Access to your processed data.
2. Rectification of errors.
3. Erasure ('right to be forgotten').
4. Restriction, objection, and portability.

Organisations must report data breaches within 72 hours (art. 33-34 GDPR). You are responsible for your own processing, such as running a local webshop.

For advice, contact Juridisch Loket Westland.

Taking action in Westland

1. Contact the organisation and demand correction.

2. File a complaint with the AP via their website.

3. Initiate proceedings at the Westland District Court for damages (art. 82 GDPR; court fee approx. €85).

4. Lodge an objection against AP decisions under administrative law (Awb art. 7:1). Start with Juridisch Loket Westland for free assistance.

Frequently asked questions