Our Constitution sets out the rights to which all citizens are entitled. It also sets out the rules for living together harmoniously. People who live or work in Apeldoorn explain what this law means in their daily lives. This time: Marijn Geurts, a solicitor at Dommerholt Advocaten, on Article 10.
Constitution, Article 10 | Right to privacy
“The Netherlands is actually very privacy-friendly”
‘Everyone has the right to peace and privacy’
“Privacy is getting a lot of attention these days. And rightly so, because your online data is a goldmine for Google, Meta and TikTok. People are concerned about this. Fortunately, there are regulations governing online privacy. But it remains a challenge, because laws always lag behind developments.”
“In my work as a solicitor, I deal with very different privacy issues. For example: your neighbour has a security camera in front of their house and garden, but it’s also pointed at your bathroom window. So your privacy is under threat. Cases like this can sometimes lead to serious disputes. You try to resolve them through mutual agreement. If that doesn’t work, you can take the matter to court or another authority.”
“Another example: a journalist publishes a story about a politician who has been caught in possession of cocaine. Suddenly, that politician’s private life is out in the open. But at the same time, this news is important to the public. In a case like this, you can see that there is a limit to the right to privacy. Sometimes the public interest takes precedence. It is then up to the court to weigh up the interests involved.”
“Compared with countries outside the EU, the Netherlands is very privacy-friendly. There is sound legislation – some of it European. And we have a privacy watchdog, the Dutch Data Protection Authority. Nevertheless, things can still go very wrong with privacy in our country too, as was the case with the benefits scandal. People who had once been labelled as fraudsters had nowhere to turn. Fortunately, the government is now trying to rectify these mistakes.”
“Am I worried about my own privacy? I don’t think you need to go through life in fear. But it’s good to be careful. Especially if you have any influence over the situation. I always take the time to disable marketing cookies online. And I’m careful about where I leave my personal details.”