Legal basis for sharing personal data tackling radicalization

18/09/2024 – Radicalization remains a current issue in our country. Municipalities play a crucial role in the early detection of radicalization among residents and in countering radicalization in collaboration with agencies such as the police and the Public Prosecution Service. Unfortunately, there is currently no legal basis for municipalities to share personal data with agencies regarding radicalizing residents, making it very difficult to effectively combat radicalization and extremism. However, this seems to be changing soon. 

The Proposed Law 

The Personalized Approach to Radicalization and Terrorist Activities Data Processing Act provides a legal basis for municipalities to share personal data with the aim of countering radicalization and terrorist activities. The proposed law is currently being considered by the Senate. 

In the proposal, radicalization is defined as: "the process that can ultimately lead to terrorist or extremist activities, which involve individuals or groups being ideologically motivated to seriously violate the law or engage in activities that undermine the democratic constitutional state." This could include worrying behavior, such as justifying attacks or participating in social media groups that glorify hate and violence. 

Although a legal definition of radicalization is provided, extremism is deliberately left undefined in the law, as it can take various forms. However, the AIVD (Dutch General Intelligence and Security Service) defines extremism as "being ideologically motivated to engage in non-violent and/or violent activities that undermine the democratic constitutional order." Examples include ultranationalism, anti-Semitism, or rejecting authority structures (anarcho-extremism). 

To better equip municipalities to combat such behavior, the proposed law assigns a coordinating role to the municipal executive board (mayor and aldermen). This means they will have the legal responsibility to organize case consultations. In these case consultations, the involved parties – including municipalities, police, and the Public Prosecution Service – discuss potentially radicalizing individuals and exchange information. 

Additionally, the proposed law explicitly allows the sharing of special categories of personal data and criminal records among the participants in the case consultation. This creates a legal foundation for the data exchange needed by the municipality for a personalized approach to counter radicalization. 

New Responsibilities for Municipalities

In short, the proposed law gives municipalities a coordinating role. This means they will need to act as the lead coordinator in areas where the effects of radicalization are most noticeable. Although the municipality leads the process, the individual participating agencies remain responsible for making decisions within their own authorities and may not infringe on the powers of others. In essence, the law does not provide municipalities with the authority to take concrete measures or interventions, which are often reserved for the police and the Public Prosecution Service. Instead, the law focuses on improving cooperation and coordination between the involved parties. 

What Does This Mean for Municipalities?

If this new law comes into effect, municipalities will finally have a solid legal basis for sharing personal data with other agencies with the aim of combating radicalization and terrorist activities. However, this legal basis does not mean that sharing personal information about individuals to tackle radicalization comes without risks. For example, journalist Sakir Khader was repeatedly detained at border controls and interrogated for hours. Later, it was revealed that he was on a terrorism list, without knowing why. Another example is Bilel, who was placed on a list because he had contact with someone who was interesting to the police. It is difficult to be removed from such lists, leading to prolonged negative consequences. Municipalities and other agencies need to be fully aware of this. 

To map out and mitigate these and other risks to the rights and freedoms of those involved, it is essential for municipalities to conduct a Data Protection Impact Assessment (DPIA). If you have already conducted a DPIA, it is important to review it once the new law comes into effect.