Right to Rectification in Utrecht

Right to Rectification in Utrecht

As a resident of Utrecht, you can exercise the right to rectification to have incorrect or incomplete personal data held by local government authorities such as the Municipality of Utrecht corrected. This right under the General Data Protection Regulation (GDPR) ensures accurate records, which are crucial for Utrecht decisions on benefits, permits or allowances via the Basic Registration of Persons (BRP).

Legal Basis of the Right to Rectification

The right to rectification is laid down in Article 16 GDPR. Any individual may require the controller, such as the Municipality of Utrecht or the District Court of Utrecht, to rectify inaccurate personal data and complete incomplete data. This must be done free of charge, without undue delay and at the latest within one month.

The General Administrative Law Act (Awb) supports this right by promoting careful decision-making (Article 3:2 Awb). In case of errors, you can lodge an objection (Article 4:17 Awb). The Dutch Data Protection Authority (AP) oversees compliance, while Het Juridisch Loket Utrecht provides advice to residents of Utrecht.

This article fits into our overview of the GDPR and the government. Also see right to be forgotten or government information obligations.

When Can You Invoke the Right to Rectification in Utrecht?

Invoke this right with Utrecht authorities that process incorrect data. Utrecht examples:

• Incorrect date of birth in the BRP at the Municipality of Utrecht, blocking benefits.
• Inaccurate address details at the Tax Authorities, causing issues with Utrecht benefits.
• Incomplete judicial data at the District Court of Utrecht, hindering job applications.

In Utrecht, basic registers such as the BRP and the Land Registry play a major role; errors directly affect your local rights.

The Procedure for Rectification with Utrecht Authorities

Here's how to exercise your right to rectification:

1. Written request: Email or write to the Municipality of Utrecht or other authority. Specify the error, the correct details and attach evidence, such as an extract from the BRP.
2. Response period: Response within 1 month; up to 2 months for complex cases.
3. No resolution: File a complaint with the AP via autoriteitpersoonsgegevens.nl. Assistance available from Het Juridisch Loket Utrecht.
4. Objection or appeal: For decisions, lodge an objection (Awb art. 6:3) or appeal to the District Court of Utrecht.

Comparison with Other GDPR Rights

Your Rights and Obligations as a Resident of Utrecht

Rights:

• Free amendment and notification to third parties (art. 16(2) GDPR).
• No proof of harm required; the error suffices.
• Compensation for damage in case of fault (art. 82 GDPR).

Obligations:

• Provide evidence.
• Be precise.
• Respect purposes; historical data at the District Court of Utrecht may sometimes remain unchanged.

Practical Examples from Utrecht

Example 1: Mrs. Jansen from Utrecht notices an incorrect address in her BRP at the Municipality of Utrecht. After her request, it is quickly corrected, and her local benefit is adjusted.

Example 2: Mr. De Vries has a typo in a CJIB fine. Rectification via the District Court of Utrecht cancels the fine and reimburses costs.

In 2022, the AP handled thousands of complaints about government data, many from regions like Utrecht (source: AP Annual Report).

Frequently Asked Questions for Utrecht