Right to Rectification in Westland

Right to Rectification in Westland

In Westland, as a resident, you can exercise the right to rectification to have incorrect or incomplete personal data held by local authorities such as the Municipality of Westland corrected. This right under the General Data Protection Regulation (GDPR) ensures accurate records, essential for decisions on benefits, greenhouse permits, or allowances in our region.

Legal Basis of the Right to Rectification

The right to rectification is laid down in Article 16 GDPR. You may require the controller, such as the Municipality of Westland, to rectify inaccurate personal data and complete incomplete data. This must be done free of charge and without undue delay, at the latest within one month. Article 3:2 of the General Administrative Law Act (Awb) supports careful decision-making based on accurate data. If errors occur, you can lodge an objection (Article 4:17 Awb). The Autoriteit Persoonsgegevens (AP) oversees compliance, while the Westland District Court rules on disputes.

This article is part of our overview on GDPR and the government. Also see right to be forgotten or government information obligations.

When Can You Invoke the Right to Rectification in Westland?

Invoke this right when personal data is processed incorrectly by authorities such as the Municipality of Westland. Typical cases:

• Incorrect date of birth in the Basic Registration of Persons (BRP) at the municipality, blocking benefits.
• Inaccurate address details, leading to errors in local benefits or Westland permits.
• Incomplete entry in the Judicial Documentation System (JDS), hindering job applications at horticultural companies.

In Westland, basic registers like the BRP and Cadastre are vital for agricultural and civil matters; errors directly affect your rights.

The Procedure for Rectification with Westland Authorities

Here's how to exercise your right to rectification:

1. Submit a written request: Email or write to the Municipality of Westland or relevant authority. Specify the error, correct information, and attachments such as a BRP extract. Get free advice from the Westland Legal Aid Office.
2. Response deadline: Reply within 1 month; up to 2 additional months for complex cases.
3. No resolution: File a complaint with the AP at autoriteitpersoonsgegevens.nl.
4. Objection or appeal: For decisions, object under Awb Article 6:3, then appeal to the Westland District Court.

Comparison with Other GDPR Rights

Your Rights and Obligations in Westland

Rights:

• Free correction and notification to third parties (Article 16(2) GDPR).
• No proof of harm required; the error suffices.
• Compensation if at fault (Article 82 GDPR).

Obligations:

• Provide evidence.
• Be precise.
• Respect purposes; historical data may sometimes remain unchanged.

Practical Examples from Westland

Example 1: Mrs. Jansen from 's-Gravenzande discovers an incorrect address in her BRP at the Municipality of Westland. After her request, it is quickly fixed, and her local benefit adjusted.

Example 2: Mr. De Vries from Naaldwijk has a typo in his CJIB fine. Rectification cancels the fine; he receives reimbursement of costs.

In 2022, the AP handled over 5,000 complaints about government data, 30% concerning rectification (AP Annual Report).

Frequently Asked Questions