Right to Rectification in Rotterdam

Right to Rectification in Rotterdam

As a resident of Rotterdam, you can use the right to rectification to have incorrect or incomplete personal data held by local government bodies such as the Municipality of Rotterdam corrected. This right under the General Data Protection Regulation (GDPR) ensures accurate records, which are essential for Rotterdam matters like parking permits, social welfare benefits, or decisions related to the Port of Rotterdam Authority.

Legal Basis for the Right to Rectification

The right to rectification is enshrined in Article 16 GDPR. Every Rotterdam resident may require the data controller, such as the Municipality of Rotterdam or Rotterdam Police, to rectify inaccurate personal data and complete incomplete data. This must be done free of charge and within one month of your request.

The General Administrative Law Act (GALA) supports this through the duty of careful preparation of decisions (Article 3:2 GALA). In case of errors, you can lodge an objection (Article 4:17 GALA). The Data Protection Authority (DPA) oversees compliance, while the Rotterdam District Court has jurisdiction for appeals. Building on our overview of the GDPR and the Rotterdam government, we also explore rights such as the right to be forgotten and the right to information.

When Can You Request Rectification in Rotterdam?

Invoke this right when Rotterdam authorities process your data incorrectly. Typical cases:

• Incorrect date of birth in the Basic Registration of Persons (BRP) with the Municipality of Rotterdam, blocking benefits.
• Inaccurate address details with the Tax Authorities or municipality, leading to incorrect allowances.
• Incomplete criminal record in the Judicial Documentation System (JDS), hindering job applications with Rotterdam employers.

Errors in Rotterdam base registers such as the BRP, Land Registry, or police archives can affect your rights, from housing allocation to employment.

Procedure for Rectification with Rotterdam Authorities

Here's how to exercise your right to rectification:

1. Submit in writing: Email or write to the Municipality of Rotterdam or relevant authority. Specify the error, correct details, and attachments such as a BRP extract.
2. Response time: Reply within 1 month; up to 2 months for complex cases.
3. No resolution?: File a complaint with the DPA at autoriteitpersoonsgegevens.nl. Consult the Rotterdam Legal Aid Office for free advice.
4. Objection/appeal: For administrative matters, lodge an objection (GALA art. 6:3) or appeal to the Rotterdam District Court.

Comparison with Other GDPR Rights

Your Rights and Obligations

Rights:

• Free correction and notification to third parties (Art. 16(2) GDPR).
• No proof of harm required; the error suffices.
• Compensation for negligence (Art. 82 GDPR).

Obligations:

• Provide proof of the correction.
• Be precise in your request.
• Respect purposes; historical archives often remain intact.

Real-Life Examples from Rotterdam

Example 1: Mrs. Jansen from Rotterdam-South discovers an incorrect address in her BRP with the Municipality of Rotterdam. After her request, it is quickly fixed, and her parking permit recalculated.

Example 2: Mr. De Vries has a typo in a CJIB fine. Rectification via the Rotterdam District Court cancels the fine plus collection costs.

In 2022, the DPA handled thousands of complaints about government data, including many rectification cases in cities like Rotterdam (source: DPA Annual Report).

Frequently Asked Questions