Someone records me without consent — what now?
Dutch Criminal Code Art. 139a/b criminal (audio + image in private place without consent). GDPR + portrait right also apply. Police report + erasure + civil claim.
Covert recordings of persons in private place (home, office, changing room) are criminal under Sr Art. 139a (audio) and Art. 139b (image) — max 6 months prison. Important exception: someone participating in a conversation may record it (one-party consent), but not publish without consent. In public space: filming allowed, but publication without consent can trigger portrait right claim (see portrait law). On intimidation: also Sr Art. 285b (stalking). GDPR aspect: recording = personal data processing — requires basis. No basis = unlawful. Routes: (1) Secure evidence — who, when, where. (2) Address person — request stop + erasure. (3) Police report (Sr 139a/b or 285b). (4) GDPR Art. 17 erasure (see letter generator). (5) Civil damages claim under Art. 82 GDPR + tort (Dutch Civil Code 6:162).
Step by step
Secure evidence
Date + place + who + where recording was published (URLs).
Address person + erasure request
letter generator — 14-day deadline.
Police report Sr 139a/b
In private place: covert recording = criminal. Politie.nl or 0900-8844.
Civil damages claim
GDPR Art. 82 + tort. On portrait right also Cruijff compensation.
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Sources
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