Government agency requests more data than necessary — what now?
Data minimisation + necessity test also for government. Request basis in writing. On refusal Nationale Ombudsman + AP complaint.
Government agencies have heightened obligations under GDPR because they may not use "legitimate interest" as basis (Art. 6(1) last sentence). For government: only legal obligation, vital interest, or official authority — interpreted narrowly. What is "too much"? Tax authority asks for social-media name beside your return (no basis), municipality asks religion for subsidy application (Art. 9 prohibited), employment authority asks family history at sick-leave (proportionality issue), police ask biometrics without compelling reason. Routes: (1) Request specific statutory provision in writing: "under which specific article of which law are you asking this?" For government a statutory basis is required (Art. 6(3) GDPR + Dutch Administrative Law Act). No solid answer = no basis = no obligation to provide. (2) Object: AWB objection within 6 weeks. State GDPR data minimisation + basis requirement. (3) National Ombudsman: for improper government conduct. Non-binding but heavily weighted. (4) AP complaint: for GDPR aspect. AP has extra priority since childcare-benefits scandal for government-data violations. (5) Administrative court: on refusal of service or sanction based on refused data. Appeal possible. Important detail: The childcare-benefits scandal made clear that government can be convicted for structural unlawful data use. Oversight has tightened since 2022.
Step by step
Request specific statutory provision in writing
Email to agency: "Specific article of which law?"
AWB objection within 6 weeks
Standard administrative route on government decision.
National Ombudsman
nationaleombudsman.nl. 0800-3355555. Free.
AP complaint + administrative court
Both possible in parallel. Childcare scandal = AP priority.
Sources
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