The so-called Open Data Directive is supposed to make government more transparent and help citizens and businesses with, for example, statistics, research results and scientific data that they can put to good use. In principle, this information should be freely accessible.
However, the Netherlands has not yet adopted this directive, whereas it should have been adopted a year and a half ago. The cabinet attributes the delay to corona and a lack of capacity. Belgium, Bulgaria and Latvia have also not yet adopted the directive.
Started too late
According to Menno Weij, privacy lawyer at BDO Legal, the Netherlands started filing a bill too late. The Council of State has sent the law back to the drawing board and the Dutch Data Protection Authority is also critical.
The bill includes an obligation to share scientific data. According to the State Council, this constitutes a violation of the intellectual property law. Furthermore, this obligation also goes far beyond the European desire. Brussels allows researchers to release data at their discretion.
There are also concerns about personal data in government data to be released. These are anonymized, but according to the State Council and the Dutch data protection authority, smart computers can still be traced back to individuals.
Hurry up
Weij doesn’t expect it to actually come to a lawsuit. “I think you should see it as a message: The Netherlands must hurry.” The Netherlands, along with the other three EU member states, have not yet disclosed how they are implementing EU rules, although they have been reminded several times, according to the European Commission.
The Netherlands may still be able to avoid a lawsuit and a possible conviction. The Cabinet announced two weeks ago that the bill regulating the introduction would be sent to the House of Representatives before the summer.