Contributed By Vondst Advocaten N V
The primary source with respect to law enforcement access to data for serious crimes is the Dutch Code of Criminal Procedure. Other relevant laws are the Police Data Act and the Judicial Data and Criminal Records Act. Furthermore, sector-specific regulators may have access under sector-specific legislation, such as the Competition Law Act.
For accessing means of communication and private homes, the general rule is that independent judicial approval is required.
It is generally believed that Dutch law enforcers and regulators obey legal restrictions to access to data. If personal data has been accessed without proper legal grounds, the basic rule is that courts will ignore such data and may declare a certain investigation or prosecution unlawful.