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Do you run a detective agency? You are required to follow the Privacy Code of Conduct for Private Detective Agencies (Privacygedragscode particuliere onderzoeksbureaus, in Dutch). This Code of Conduct lays down standards for the performance of private investigations. Part of this Code of Conduct is the requirement to inform the subject of your investigation that their personal data is being processed and why it is being processed.
Privacy Code of Conduct
The Code sets out how you should carry out your research and how to treat personal data. It includes rules about:
- acceptable aims for collecting data
- how long to store data
- keeping data private
- special personal data
- informing the person you are investigating
- the rights of the person you are investigating.
The Privacy Code of Conduct is included as an appendix to the Private Security Firm and Detective Agency Regulations (Regeling particuliere beveiligingsorganisaties en recherchebureaus).
The Privacy Code and the GDPR
Currently, the Privacy Code of Conduct 2016-2021 (in Dutch) applies. It is based on the privacy law Wet bescherming persoonsgegevens (Wbp), that was in force before the GDPR (AVG) was introduced. The new Privacy Code of Conduct (which is based on the AVG) has not yet been approved by the Dutch DPA (Autoriteit Persoonsgegevens). For now, you should match your interpretation of the Code of Conduct as closely as possible with the AVG.