privacyklacht

A privacyklacht, or privacy complaint, is a formal notification made by an individual or organization to a data protection authority (DPA) regarding a suspected violation of privacy laws. In many jurisdictions, including the Netherlands, such complaints are a key mechanism for enforcing compliance with regulations like the General Data Protection Regulation (GDPR) or the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens, Wbp).

The process typically begins when a person believes their personal data has been processed unlawfully, such as through unauthorized collection, improper disclosure, or failure to provide access to their data. The complainant may submit their concerns to a DPA, which then investigates the matter. In the Netherlands, the Autoriteit Persoonsgegevens (AP) serves as the primary authority for handling privacy complaints.

A privacyklacht can address various issues, including data breaches, lack of transparency in data processing, or refusal to exercise rights such as the right to erasure or access. The DPA may issue recommendations, impose fines, or take other enforcement actions if violations are confirmed. While complainants are not always directly involved in the resolution process, their report helps authorities identify systemic problems.

The procedure is generally free of charge, and complainants do not require legal representation. However, they may need to provide evidence, such as documentation or witness statements, to support their claim. The DPA evaluates each case based on applicable laws and may consult with the complainant during the investigation. If the complaint is deemed unfounded, the authority may inform the complainant of the decision.

Privacyklachten play a crucial role in upholding data protection rights, ensuring accountability among organizations handling personal data, and fostering public awareness of privacy concerns.