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Nederlands Instituut voor Forensische Psychiatrie en Psychologie (Netherlands Institute for Forensic Psychiatry and Psychology) – Court Ruling (Netherlands, 2024)

Court Ruling
DPA RbGelderland2 October 2024Netherlands
final
Court Ruling

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A Dutch court ruled that the GDPR does not apply to a feedback report created during a criminal proceeding. This decision is important because it clarifies the boundaries of data protection laws in legal contexts. The court upheld that the data subject's request for access to the report was properly denied.

What happened

The GDPR was deemed inapplicable to a feedback report created during a criminal examination.

Who was affected

The individual undergoing a psychiatric examination in a criminal proceeding.

What the authority found

The court decided that the GDPR does not cover personal data processed within criminal proceedings.

Why this matters

This ruling clarifies that certain legal processes are exempt from GDPR, which may affect how individuals seek access to their data in similar situations.

Recorded legal citations
Automatically processed
Art. 15 GDPR
Art. 2(2)(d) GDPR
View original scraped data
Art. 2(2)(d) GDPR
Art. 15(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityRvS
Reviewed AuthorityRb. Gelderland (Netherlands)

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Secondary-source text retrieved.

Automated check recorded — 20 March 2026.

Processing notes: articles corrected, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

A data subject underwent psychiatrist examination within a court proceeding. The court assigned that task to Netherlands Institute for Forensic Psychiatry and Psychology (Nederlands Instituut voor Forensische Psychiatrie en Psychologie). During the examination, the Institute created the final report and additional documents, including the feedback report, which was not shared with the court. The feedback report contained, inter alia, the notes and comments of doctors performing patient's examination. The data subject filed an access request in reference to the feedback report with the Minister of Legal Protection. The Minister excluded the application of the GDPR and didn’t disclosed the data. The appeal proceedings, initiated by the data subject resulted in the dismissal of the Minister’s decision. The District Court of First Instance of Gelderland (Rechtbank Gelderland) examining the appeal found the GDPR applied to the case. However, the access request didn’t cover the personal data within the meaning of the GDPR. The data subject lodged an appeal with the Dutch Council of State (Raad van State; the Supreme Administrative Court). The court rejected the appeal. The court explained that under Article 2(2)(d) GDPR the GDPR doesn’t apply to processing of personal data within criminal proceedings. The feedback report was drafted as a part of criminal proceedings against the data subject. The purpose of the feedback report was to monitor the quality of the final report, disclosed to the court. For the court, the feedback report served then as the prosecution the criminal proceedings. Consequently, the GDPR, including Article 15, didn’t apply to the data subject’s request and the Minister was entitled to reject that request.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Nederlands Instituut voor Forensische Psychiatrie en Psychologie (Netherlands Institute for Forensic Psychiatry and Psychology) in NL

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

2 October 2024

Authority

DPA RbGelderland

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Nederlands Instituut voor Forensische Psychiatrie en Psychologie (Netherlands Institute for Forensic Psychiatry and Psychology) - Netherlands (2024). Retrieved from cookiefines.eu

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