Privacy

In this Privacy Statement, it is explained how we deal with your personal data. This may change from time to time if new developments give cause for this. You can always find the most current version of the Privacy Statement on the Privacy page of english.dienstterugkeerenvertrek.nl.

We advise you to consult this Privacy Statement regularly, so that you will be aware of these changes. The last date of a change is always indicated in the Privacy Statement.

This Privacy Statement was last modified on Juli 28th 2022.

When does this Privacy Statement apply?

This Privacy Statement applies to all personal data we collect to effect departure from the Netherlands.

Who is responsible for your personal data?

The Repatriation and Departure Service, located at Rijnstraat 8, 2515 XP in The Hague, is responsible for the processing of personal data as defined in this Privacy Statement. If you have questions about the processing of your personal date, please send an e-mail to: ASA@dtv.minvenj.nl, attn. the Privacy Officer.

The Repatriation and Departure Service keeps a record of the processing activities in accordance with Article 30 of the General Data Processing Regulation. This record contains the following details:

• The name and contact details of the Repatriation and Departure Service and
• The purposes for which the data are processed;
• Whose and which personal data are processed;
• To whom the data are provided;
• The retention periods of the personal data;
• A general description of the security measures.

Privacy Statement

In this Privacy Statement, it is described which personal data we process to effect the departure of migrants from the Netherlands. The following subjects are explained:

1. Which personal data we process and how we obtain these personal data;
2. Use of Cookies;
3. Purpose of and legal basis for the processing of personal data;
4. Retention period for personal data;
5. Access by third parties to your personal data;
6. Protection of your personal data;
7. Automated decision-making;
8. Questions and requests regarding your Privacy rights.

1. Which personal data do we process and how do we obtain these personal data

As a professional repatriation organisation, we implement the repatriation policy. We direct the departure of migrants if they do not have a right to reside in the Netherlands. Data are processed for this purpose of migrants, staff of the DT&V and other parties such as interpreters and authorised representatives, the authorities and other parties in the repatriation process. The DT&V processes general personal data. For example, e-mail address, phone number, gender, marital status, the nationality, date and place of birth, language spoken and personal numbers prescribed by law, such as the “v number”.

Where necessary for the implementation of the Policy in respect of Aliens, the DT&V, in some cases, also processes special personal data in addition to these general personal data. These are data showing ethnic origin, political opinions, religion or beliefs, but also genetic data, biometric data, data concerning health, data concerning sexual orientation and data relating to criminal convictions and offences.
The DT&V obtains personal data in various ways:

• The migrant him/herself provides personal data during interviews with our staff as soon as the repatriation process is started;
• The migrant provides personal data of third parties, such as family members or authorised representatives;
• Other government services and social organisations provide us with the necessary personal data that have been collected during the process of applying for a residence permit and during the departure process.
• In the context of granting, determining and monitoring the subsidisation of return projects, financial data and data relating to the employment relationship from project staff or inter- and non-governmental organisations are processed.
• Government services and social and other organisations possibly involved are:
• Immigration and Naturalisation Service (IND);
• Central Agency for the Reception of Asylum Seekers (COA);
• National Police;
• Royal Netherlands Marechaussee (Koninklijke Marechaussee);
• International Organisation for Migration (IOM);
• Municipalities;
• NIDOS Foundation;
• Ministry of Foreign Affairs;
• Carriers;
• Travel agencies;
• Intergovernmental and non-governmental organisations that execute repatriation projects;
• Third countries, such as competent authorities of countries of transit and destination. They only receive information on your identity and nationality. This is information needed to issue a (replacement) travel document. No data are provided about your background, nor about the reason for residence in the Netherlands. Data are never provided about your account of the reasons for your asylum applications. This is in accordance with the provisions of the Aliens Act Implementation Guidelines (Vc) 2000.

A comprehensive overview is available for download, of the parties with which we share and from which we receive data for the purposes of the repatriation process.

2. Use of cookies

We only use technical and functional cookies for the adequate operation of the website. We do not need your prior permission to place these cookies, as they have no effect on your privacy.

A cookie is a small text file that is stored on your computer, tablet or smartphone on the first visit to this website. The cookies we use are necessary for the technical operation of the website and your ease of use. They ensure that the website operates properly and retain for example your preferred settings. We also use them to optimise our website.

You can opt out of cookies by setting your internet browser in such a way that it no longer stores cookies. In addition, you can also delete all information previously stored by way of the settings of the browser. Go to our cookie page for an overview of these cookie applications.

3. Purpose of and legal basis for the processing of personal data

The Privacy laws require that we process personal data only for clearly described purposes. The purposes for which we process your data are described in Section 107 of the Aliens Act 2000 (Vw 2000).
This therefore concerns implementation of the Aliens Act and implementation of the statutory provisions pursuant to the Aliens Act pertaining to the assistance and effecting of departure from the Netherlands.

The purpose of the processing of special categories of personal data is set out in Section 107a of the Aliens Act 2000. We process the special categories of personal data to the extent necessary to effect departure from the Netherlands. It is set out in Section 7.1a of the Aliens Regulations 2000 when the processing of special categories of personal data is necessary.

In addition, personal data for accountability and control reports are processed for the purpose of gaining insight into the performance of the assistance and effecting of your departure from the Netherlands and improving this where possible.

The obtaining and processing of information for the granting and determination of subsidies is based on the General Administrative Law Act (Awb) and the Judicial Subsidies Act (Wjs).

4. Retention period for personal data

We do not retain personal data longer than is necessary for the purpose for which you provided them. Afterwards, the data are destroyed. We do this in three stages:

1. The first stage is the period in which, from the viewpoint of performing our task (working on your departure), it is important for personal files always to be available, directly and ethically (three years).
2. The second stage is the period in which we must be able to answer questions from society and render account for the policy and its implementation (one to fifteen years).
3. The third stage is inspired by historical relevance.

Personal files older than fifteen years are processed in order to determine which data need to be retained. The result is that part of the personal file is destroyed and another part is transferred for retention in the National Archives. So-called selection lists (Basic Selection Documents) apply to this:

• BSD Admission of Foreign Nationals update Department of Justice 1945
• BSD Nationalities 1945 – to date
• Facial photographs and fingerprints are not retained longer than:
• Five years after the application for a Regular Provisional Residence Permit (MVV) has been rejected;
• In case of lawful residence: five years after the migrant concerned, whose lawful residence has been terminated, has demonstrably left the Netherlands; or
• If an entry ban has been issued against the migrant or the migrant has been declared undesirable: five years after expiry of the validity period of the entry ban or order declaring the migrant an undesirable foreign national.

5. Access by third parties to your data

Pursuant to the Aliens Act 2000, we are authorised and sometimes required to provide government organisations that process data and information with the data and information they need in order to perform their tasks. In certain situations, personal data are transmitted to third countries. Appropriate measures are taken in these cases to protect your personal data.

The starting point in this regard is that all personal data must be dealt with confidentially. In this case data are concerned that the migrant has provided to us and personal data of the migrant that have been made available to us for the purpose of enabling departure from the Netherlands. This also concerns personal data of staff of organisations that contribute towards the return process which were made available to us in the context of business operations.

To this end all staff of the Repatriation and Departure Service work in accordance with the adopted Privacy Policy.

We assess in particular cases whether the provision of your personal data is necessary and whether your privacy is not violated unnecessarily. In doing so, we examine whether the purpose for which your personal data are requested can be achieved with fewer or no personal data.

6. Protection of your personal data

We have taken appropriate measures to protect personal data and to prevent misuse of your data. All persons who have access to the data are required to keep them confidential.

The Dutch government is a target of advanced digital attacks for espionage, sabotage or even terrorism. Therefore, the government has taken measures to maintain the reliability and resilience of the information supply. To detect and eliminate viruses, spyware and all other sorts of malicious programs, we use virus scanners and more advanced sensors. Besides that, the use of those measures is monitored. The data center where the personal data is stored is located in Gouda (NL).

7. Automated decision-making

In taking decisions with a view to your departure, we do not use automated decision-making without human intervention.

8. Questions and requests about the exercise of your privacy rights

If you want to know which data of yours we have and if those data are correct, you can request your data from us. You will then receive an overview of your personal data within four weeks. You can request your personal data by sending us a request by post or e-mail via the contact details as given below.

If there are inaccuracies in the recorded data, you can ask us to add to, correct or delete them.

You also have the right to lodge an objection and the right not to be subjected to decision-making based purely on automated processing of your personal data. You can submit these requests, in writing and reasoned, by sending a letter attn. The Privacy Officer of the Repatriation and Departure Service, Postbus 164, 2501 CD The Hague, or by e-mail.

Finally, you can submit a reasoned complaint at all times about the way in which we have dealt with your personal data during the repatriation process. You can submit your complaint to the Personal Data Authority, Postbus 93374, 2509 AJ The Hague.

Do you want make a request on behalf of the person concerned? Then it is important for the DT&V that we check whether you actually represent the person concerned in this application before any personal information that may be present at DT&V can be provided to you. This is done to protect the privacy of the person concerned. You must add a statement or authorization on the AVG request signed by the person concerned that makes it clear that you will receive any personal data from the person concerned that may be present at DT&V on behalf of the person concerned.