Dutch Data Protection Authority: Police intelligence team violates the law
The Autoriteit Persoonsgegevens (Dutch Data Protection Authority) says the legal framework governing the police’s Public Order Intelligence Team (TOOI) is flawed, warning that some of the unit’s intelligence activities may violate privacy laws.
According to the watchdog’s investigation, the team lacks a sufficient legal basis to collect and process personal data about individuals. It also found shortcomings in the management and oversight of the TOOI’s intelligence operations.
The Public Order Intelligence Team operates within each police unit in the Netherlands and gathers information to anticipate potential disturbances to public order, such as those related to football matches or demonstrations. The team works secretly and collects information about people previously involved in public disturbances, sometimes using citizen informants.
The investigation found that the team operates under Article 3 of the Politiewet 2012 (Police Act 2012), which allows only minor infringements of personal privacy. However, the Autoriteit Persoonsgegevens concluded that the intelligence team sometimes exceeds this limit by collecting long-term information about individuals in order to build detailed profiles, for example people who frequently participate in protests.
The authority also criticized the handling of sensitive personal data, including information about religion, political beliefs, and sexual orientation. According to the watchdog, such data may only be processed when strictly necessary, a condition it says is not always met by the TOOI.
Chairman أليد فولفسن warned that if police violate fundamental rights, it must be based on clear and precise legislation. He emphasized that freedoms such as demonstrating and expressing opinions are central to democracy and should not be undermined by excessive surveillance.
The authority also raised concerns about the use of informants. Before recruiting someone as a police informant, the intelligence team reportedly investigates the individual without their knowledge. The watchdog says there is insufficient legal basis for this type of screening.
The Autoriteit Persoonsgegevens has sent its findings to the Dutch House of Representatives and urged lawmakers to hold a broad debate on the intelligence team’s activities. If political support is lacking, the watchdog says the team should stop some of its work; otherwise, the law must be amended to provide clearer legal grounds.
In response, Deputy Police Chief ويلبرت بوليسن acknowledged the report’s concerns but defended the importance of the team’s work. He argued that Article 3 of the Politiewet 2012 does provide a legal basis and said the activities are reviewed internally and externally, including by local mayors.
The police also pointed to past incidents where intelligence information helped prevent escalation, including unrest around the Malieveld in The Hague last year. Authorities said they are studying the recommendations of the Autoriteit Persoonsgegevens to determine whether changes to the current system are necessary.