Dutch Legislation

Chapter 7

in force

Data processing, privacy and consent

Youth Act (Jeugdwet) (Jeugdwet) · Articles: 51

Section None

Data processing, privacy and consent

7.1.1.1 Article 7.1.1.1

In this paragraph and the provisions based thereon, the following definitions shall apply:

7.1.1.2 Article 7.1.1.2

A person authorised to report is an official employed by an agency that:

7.1.2.1 Article 7.1.2.1

There is a referral index for youths at risk (verwijsindex risicojongeren), being a national electronic system, in which personal data as well as…

7.1.2.2 Article 7.1.2.2

Our Minister of Health, Welfare and Sport shall be responsible for the establishment and management of the referral index.

7.1.2.3 Article 7.1.2.3

The following shall form part of the referral index:

7.1.3.1 Article 7.1.3.1

The municipal executive (college) shall promote the use of the referral index (verwijsindex). To this end, the municipal executive shall make…

7.1.3.2 Article 7.1.3.2

The municipal executive shall ensure that it is verified whether the persons authorised to report who have reported a minor to the referral index and…

7.1.3.3 Article 7.1.3.3

Entities as referred to in Article 7.1.1.2, paragraph 1, subparagraph a, may, with a view to the effective use of the referral index, designate a…

7.1.4.1 Article 7.1.4.1

A person authorised to report may, without the consent of the minor or his legal representative and, if necessary, by breaching the duty of…

7.1.4.2 Article 7.1.4.2

A notification shall be linked in the referral index to the citizen service number of the minor, for the purpose of ensuring that the notification…

7.1.4.3 Article 7.1.4.3

In addition to the citizen service number (burgerservicenummer) of the minor, only the following data shall be stored in the referral index…

7.1.4.4 Article 7.1.4.4

For the purposes referred to in Article 7.1.2.1, data concerning health, as well as personal data of a criminal nature, shall be processed. The…

7.1.4.5 Article 7.1.4.5

A reporting authority shall remove a report made by it from the referral index if, in its opinion:

7.1.4.6 Article 7.1.4.6

A notification removed from the referral index in accordance with Article 7.1.4.5, paragraph 1, subparagraph (b), and paragraph 2, subparagraph (a)…

7.1.5.1 Article 7.1.5.1

If a notification relates to a minor who is under twelve years of age, the communication referred to in Article 14 of the General Data Protection…

7.1.5.2 Article 7.1.5.2

A person authorised to report who has reported a minor to the referral index shall issue an advice to the municipal executive (college) regarding a…

7.2.1 Article 7.2.1

The certified institution, the youth care provider, the Child Care and Protection Board (raad voor de kinderbescherming), the municipal executive…

7.2.2 Article 7.2.2

The certified institution, the youth care provider, the Child Care and Protection Board (raad voor de kinderbescherming) and the municipal executive…

7.2.3 Article 7.2.3

In order to determine the citizen service number (burgerservicenummer) of the minor, the number register and the facilities referred to in Article 3…

7.2.4 Article 7.2.4

If a social security number (burgerservicenummer) has not been assigned to a minor:

7.2.5 Article 7.2.5

By regulation of Our Minister of Health, Welfare and Sport, it shall be determined which security requirements the processing of data, as referred to…

7.2.6 Article 7.2.6

Certified institutions, youth care providers, the Child Care and Protection Board (raad voor de kinderbescherming) and the municipal executive…

7.2.7 Article 7.2.7

Our Minister of Health, Welfare and Sport or an institution designated by him shall manage an authorisation list of youth care providers, in which…

7.2.8 Article 7.2.8

Rules shall be laid down by or pursuant to an order in council (algemene maatregel van bestuur) concerning:

7.2.9 Article 7.2.9

For the purpose of the responsibility referred to in Articles 2.1 and 2.4, paragraph 2, Our Minister of Justice and Security may provide the citizen…

7.3.1 Article 7.3.1

The provisions of this paragraph, with the exception of Articles 7.3.4, 7.3.5, 7.3.6 and 7.3.16, regarding the youth care provider shall apply…

7.3.2 Article 7.3.2

The youth care provider shall inform the person concerned in a clear manner, suited to his capacity for understanding, and shall consult with the…

7.3.3 Article 7.3.3

If the person concerned has indicated that they do not wish to receive information, the provision thereof shall be omitted, except insofar as the…

7.3.4 Article 7.3.4

For the provision of youth assistance, the consent of the person concerned is required, unless it concerns youth assistance in the context of an…

7.3.5 Article 7.3.5

A minor who has reached the age of sixteen years is competent to grant consent for the provision of youth care for his own benefit, as well as to…

7.3.6 Article 7.3.6

At the request of the person concerned, the youth care provider shall in any event record in writing for which interventions of a far-reaching nature…

7.3.7 Article 7.3.7

The person concerned shall, to the best of their knowledge, provide the youth care provider with the information and cooperation that the latter…

7.3.8 Article 7.3.8

The youth care provider shall establish a file regarding the provision of youth care. He shall maintain records in the file of the data concerning…

7.3.9 Article 7.3.9

The youth care provider shall destroy the data in the file following a petition to that effect from the person concerned.

7.3.10 Article 7.3.10

The youth care provider shall, upon request, provide the person concerned with access to and a copy of the data from the file. The provision shall…

7.3.11 Article 7.3.11

Without prejudice to Article 7.3.2, paragraph 4, second sentence, the youth care provider shall ensure that no information concerning the person…

7.3.12 Article 7.3.12

In deviation from Article 7.3.11, paragraph 1, information concerning the person concerned or inspection of the data from the file may be provided to…

7.3.12a Article 7.3.12a

By way of derogation from the provisions of Article 7.3.11, paragraph 1, the youth care provider shall, upon request, provide access to or a copy of…

7.3.12b Article 7.3.12b

If, pursuant to Article 7.3.12a, paragraph 1, subparagraph (b), inspection of or a copy of data from the file of a deceased data subject is requested…

7.3.13 Article 7.3.13

The youth care provider shall perform the provision of youth care outside the observation of persons other than the person concerned, unless the…

7.3.14 Article 7.3.14

The youth care provider may terminate the provision of youth care on the basis of compelling reasons.

7.3.15 Article 7.3.15

The obligations under this paragraph of the youth care provider towards the person concerned shall, if the person concerned has not yet reached the…

7.3.16 Article 7.3.16

If, pursuant to Article 7.3.15, the performance of an intervention requires exclusively the consent of a person referred to therein instead of the…

7.3.17 Article 7.3.17

A decision of a youth care provider (jeugdhulpverlener) taken on the basis of this paragraph, a decision on a petition as referred to in Articles 15…

7.4.0 Article 7.4.0

The Municipal Executive (college) or a person designated by the Municipal Executive shall process personal data of a minor or his parents, including…

7.4.1 Article 7.4.1

Our Ministers shall process data relating to access to youth assistance, prevention, Veilig Thuis, the implementation of child protection measures…

7.4.2 Article 7.4.2

The municipal executive (college) shall provide data free of charge to Our Ministers for the purpose of the processing referred to in Article 7.4.1…

7.4.3 Article 7.4.3

Youth care providers, providers of prevention, certified institutions and the Child Care and Protection Board shall provide data free of charge to…

7.4.3a Article 7.4.3a

The processing of personal data by the municipal executive (college) pursuant to Article 7.4.0, paragraph 1, and the provision of personal data to…

7.4.4 Article 7.4.4

The data referred to in Articles 7.4.1 to 7.4.3 inclusive may be personal data, insofar as these data are necessary for:

7.4.5 Article 7.4.5

By or pursuant to an Order in Council (algemene maatregel van bestuur), rules shall be established regarding the content of the data referred to in…