BNR News Radio, 28 April 2015: 'Privacy First enters legal battle with route control'

“Every car, even if not speeding, is photographed at section controls. What then happens to that data is unclear. And that is a gross violation of our privacy, thinks Bas Filippini of Privacy First.

To get his case into court, Filippini deliberately allowed himself to be flashed. According to him, his fight against section controls is a matter of principle. "I am not speeding, I am also not suspected of any offence and yet I am being monitored by the authorities for a period of 20 kilometres. If we agree to such a system, you are actually agreeing to fill the whole of the Netherlands with this kind of system and then you are constantly moving into a government-controlled space."

Target shift
According to Filippini, the danger lies mainly in target shifting. "We all now know through a WOB request that in a number of cases exchange takes place. This happened in Den Bosch, for example, with parking data that went to the tax authorities, and we see many more such forms of purpose shifting. Something is introduced for a legitimate purpose. Security for example, who can have anything against that? But then it shifts further and further."

Legal basis
If you are already going to introduce certain systems, you need to make sure you have a good legal basis, Filippini believes. "With safeguards for citizens. What happens to data? What happens to it? Who can access which data? And who checks the controller? In our view, this is lacking with route checks. The OM revealed in a slip of the tongue know that data is kept for three days and also used for other things."

Outcome case
Filippini finds it hard to say yet whether he will be proven right in court. "I think legally we have a strong case. Then the question is whether the judge will follow our reasoning, or whether they will only look within the system to see whether or not speeding occurred.""

Source: http://www.bnr.nl/nieuws/858985-1504/privacy-first-gaat-juridische-strijd-aan-met-trajectcontrole, 29 April 2015.