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POLICY SHEET CURAÇAO
2010 no.84
NATIONAL ORDINANCE of September 4, 2010 containing rules on the protection of personal data (National Ordinance on the Protection of Personal Data).
IN THE NAME OF THE QUEEN
THE GOVERNOR OF CURAÇAO
Chapter 1. General provisions
Article 1
In this Regulation and the provisions based on it: 
personal data: any data relating to an identified or identifiable natural person; b. processing of personal data: any action or any set of actions relating to personal data, including in any case the collection, and, organize, save, update, change, retrieve, consult. using, providing by means of transmission, distribution or any other form of making available, bringing together, relating to each other, as well as the blocking, erasure or destruction of data; ' c. file: any structured set of personal data, regardless of whether this whole of data is centralized or distributed in a functionally or geographically determined manner, which is accessible and related according to certain criteria on different people; d. responsible: the natural person, legal person or any other person or person governing body that, alone or in conjunction with others, has the purpose of and means for the processing of personal data; e. processor: the person who provides personal data on behalf of the controller processed without being subject to its direct authority; f. data subject: the person to whom personal data relates; g. third party: anyone other than the data subject, the controller, the processor, or any person who is authorized to process personal data under the direct authority of the controller or processor; h. recipient: the person to whom the personal data are provided; i. consent of the data subject: any free, specific and informed expression of will by which the person concerned accepts that person concerned data is processed; j. the Minister: the Minister of Administration, Planning and Services; k. the Dutch Data Protection Authority or the College: referred to as the College in Article 41; 1. provision of personal data: disclosing or making available of personal data; m. collection of personal data: obtaining personal data; n. the Country of Curaçao: the Country of Curaçao.
Article 2
1. This Regulation applies to wholly or partly automated processing of personal data, as well as the non-automated processing of personal data included in a file or intended to be included therein. 2. This Regulation does not apply to the processing of personal data: a. For activities involving only personal or household purposes; b. by or on behalf of the intelligence and security services of the Country,referred to in Article 3 sub g of the Police Regulations and further elaborated in the National decree regulating the task and organization of the Intelligence Service; c. for the performance of the police task referred to in Article 2 of the Police regulation; d. for the implementation of the National Ordinance containing provisions concerning judicial documentation and certificates of conduct; e. which is regulated by or pursuant to the National Ordinance on the Personal Records Database data and f. for the implementation of the Electoral Regulations. 3. This Regulation does not apply to the processing of personal databy the armed forces if the Minister of Defense of the Kingdom of the Netherlands so decides with a view to deploying or making the armed forces available to maintain or promote the international legal order. The Board will be notified of the decision as soon as possible.
Article 3
1. This Regulation does not apply to the processing of personal dataexclusively for journalistic, artistic or literary purposes, subject to the other provisions of this chapter, as well as articles 6 to 11, 13 toand 15 and 39, 2. The prohibition to process personal data as referred to in Article 16 is notapplicable insofar as this is necessary for the purposes referred to in the first paragraph.
Article 4
1. This Regulation applies to the processing of personal data inin the context of activities of an establishment of a controller in Curaçao. 2. This Regulation applies to the processing of personal data by or on behalf of a controller who does not have an establishment in Curaçao, whereby use is made of means, whether or not automated, that are located in Curaçao, unless these means are only used for thetransit of personal data. 3. It is a controller as referred to in the second paragraph, prohibited persons to process data, unless he designates a person or body in Curaçao to act on his behalf in accordance with the provisions of this regulation. For the purposes of this Regulation and the provisions based on it, he is regarded as the controller.
Article 5
1. If the person concerned is a minor and has not yet reached the age of sixteen has been reached, or has been placed under guardianship, or a mentorship has been instituted for the benefit of the data subject, instead of the consent of the data subject that of its legal representative. 2. Consent can be given by the data subject or his legal representative be withdrawn at any time.
Chapter 2. Conditions for the lawfulness of the processing of personal data
Section 1. The processing of personal data in general
Article 6
Personal data is processed in accordance with the regulation and in a proper and careful manner.
Article 7
Personal data is collected for specified, explicitly described and legitimate purposes.
Article 8
Personal data may only be processed if: a. The data subject has unambiguous consent for the processing granted; b. the data processing is necessary for the performance of an agreement to which the data subject is a party, or to take pre-contractual measures in response to a request from the data subject and which are necessary for the conclusion of a contract;
c. the data processing is necessary to comply with a legal obligationto which the controller is subject; d. the data processing is necessary to safeguard a vital interest of the person concerned; e. the data processing is necessary for the proper fulfillment of an audience legal task by the relevant administrative body or the administrative body to which the data is provided, or f. the data processing is necessary for the defense of the court legitimate interest of the controller or of a third party to whom the data are disclosed, unless the interest or fundamental rights and freedoms of the data subject, in particular the right to privacy, prevail.
Article 9
1. Personal data will not be further processed in a way that is incompatible with the purposes for which they were obtained. 2. When assessing whether processing is incompatible as referred to in the first paragraph, the controller will in any case take into account: a. the relationship between the purpose of the intended processing and the purpose for which before the data has been obtained; b. the nature of the data concerned; c. the consequences of the intended processing for the data subject; d. the way in which the data was obtained and e. the extent to which appropriate safeguards are provided for the data subject. 3. Further processing of the data for historical, statistical or scientific purposes, are not considered incompatible if the controller has taken the necessary measures to ensure that the further processing takes place exclusively for the benefit of these specific purposes. 4. The processing of personal data will not take place insofar as it is confidential an obligation of attitude by virtue of office, profession or statutory regulation precludes this.
Article 10
1. Personal data is no longer kept in a form that makes it possible to identify the data subject, than is necessary for the realization of the purposes for which they are collected or subsequently processed. 2. Personal data may be kept longer than stipulated in the first paragraph insofar as they are kept for historical, statistical or scientific purposes, and the controller has made the necessary arrangements to ensure that the data concerned is used exclusively for these specific purposes.
Article 11
1. Personal data are only processed insofar as they are, having regard to the purposes for which they are collected or further processed are adequate, relevant and not excessive.
2. The controller shall take the necessary measures to ensure that personal data, having are accurate and accurate for the purposes for which they are collected or subsequently processed.
Article 12
1. Anyone acting under the authority of the controller or processor, as well as the processor himself, insofar as they have access to personal data, only processes them on the instructions of the responsible party, unless deviating legal requirements. 2. The persons referred to in the first paragraph, for whom not already by virtue of office, profession or legal regulation is subject to a duty of confidentiality, are obliged to observe secrecy of the personal data of which they become aware, except for so there is any statutory provision requiring them to notify or the necessity of notification arises from their task. Article 285, second paragraph, of the Criminal Code does not apply.
Article 13
The controller implements appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing. Taking into account the state of the art and the costs of implementation, these measures guarantee an appropriate level of security in view of the risks associated with the processing and the nature of the data to be protected. The measures are also aimed at preventing unnecessary collection and further processing of personal data.
Article 14
1. If the controller has personal data processed on his behalf by a processor, he ensures that he offers sufficient guarantees with regard to the technical and organizational security measures with regard to the processing to be carried out. The responsible person supervises compliance of those measures. 2. The execution of processing operations by a processor is regulated in a agreement or by virtue of another legal act resulting in an obligation arises between the processor and the controller. 3. The controller ensures that the processor: processes the personal data in accordance with Article 12, paragraph 1 and B. complies with the obligations that rest on the controller pursuant to article
13. 4. Is the processor established in another country within the Kingdom of the Netherlands then the controller ensures that the processor has the rights of the other country, contrary to the third paragraph, under b. 5. For the purpose of keeping the evidence, the parts of the agreement or legal act relating to the protection of personal data, as well as the security measures referred to in Article 13, laid down in writing or in another equivalent form.
Article 15
The controller is responsible for compliance with the obligations referred to in Articles 6 to 12 and 14, second and fifth paragraph.
Section 2. The processing of special personal data
Article 16
The processing of personal data concerning a person's religion or belief, race, political opinion, health, sexual life, as well as personal data concerning trade union membership is prohibited except as provided in this paragraph. The same applies to criminal personal data and personal data about unlawful or annoying behavior in connection with a prohibition imposed as a result of that behavior.
Article 17
1. The prohibition of personal data concerning someone's religion or life conviction as referred to in Article 16, does not apply if the processing is carried out by: a. church communities, independent parts thereof or other societies on a spiritual basis insofar as it concerns data related to this persons, b. institutions on a religious or ideological basis, insofar as this in view of the aim of the institution and for its realization basis is necessary, or c. other settings as necessary with a view to the spiritual care of the data subject, unless he objects to this in writing made. 2. In the cases as referred to in the first paragraph, under a, the prohibition is also not applicable to personal data concerning religion or belief of the family members of the person concerned insofar as: a. the association concerned with those family members by virtue of its objective maintains regular contacts and b. those family members have not objected to this in writing. 3. In the cases as referred to in the first and second paragraph, no persons are accepted provide data to third parties without the explicit consent of the person concerned.
Article 18
The prohibition on processing personal data concerning a person's race as referred to in Article 16 does not apply if the processing takes place: a, with a view to identifying the data subject and only insofar as this is for this goal is unavoidable; b. with the aim of persons of a particular ethnic or cultural minority group to grant a privileged position in order to eliminate or reduce actual disadvantages related to the ground race and only if: 1o. this is necessary for that purpose; 2o. the data only relates to the country of birth of the person concerned, of their parents or grandparents, or on other criteria established by national ordinance, on the basis of which it can be determined objectively whether someone belongs to a minority group as referred to in the preamble of part b belongs, and 3o. the person concerned has not objected to this in writing.
Article 19
1. The prohibition to disclose personal information concerning a person's political affiliation processing as referred to in Article 16 does not apply if the processing is carried out: a, by institutions on a political basis concerning their members or their employees or other persons belonging to the institution, insofar as this is necessary for the realization in view of the objective of the institution of its basis, or b. in view of the demands made with regard to political affiliation within reason can be made in connection with the fulfillment of positions on board bodies and advisory boards. 2. In the case referred to in the first paragraph, under a, no persons provide data to third parties without the explicit consent of the person concerned.
Article 20
1. The prohibition to disclose personal data concerning a person's membership of a trade union as referred to in Article 16, does not apply if the processing is carried out by the relevant trade union or the trade union federation of which that union forms a part, insofar as this in view of the union's objective or central is necessary. 2. In the case referred to in the first paragraph, no personal data will be passed on to third parties provided without the express consent of the data subject.
Article 21
1. The prohibition to process personal data concerning a person's health as referred to in Article 16, does not apply if the processing is carried out by: a. public service provision insofar as this with a view to proper treatment or care of the data subject, or the management of the concerning institution or professional practice is necessary; b. insurers as referred to in Article 1 part g of the National Ordinance Supervision of insurance companies that mediate in insurance as referred to in Article 1 (a) and (b) of that regulation, insofar as this is necessary for:
1o. the assessment of the risk to be insured by the insurer and the the person concerned has not objected in writing; or 2o. the performance of the insurance contract; C. schools insofar as with a view to the special supervision of pupils or making special provisions in connection with their health condition is necessary; d. a probation service, a special probation officer and the council for child protection or the foundation, as referred to in Article 1 of the National Ordinance containing principles and regulations regarding measures with regard to young persons, as referred to in Article 302, first paragraph, of Book 1 of the Civil Code insofar as this is necessary for the implementation of the duties assigned to them by law; e. the Minister of Justice insofar as this is related to the implementation of custodial sentences or custodial measures are necessary or f. administrative bodies, pension funds, employers or institutions that serve them be employed for the purpose to the extent necessary for:
1o. proper implementation of statutory regulations, pension schemes or collective bargaining agreements that provide for claims that depend on the health status of the person concerned or 2o. the reintegration or guidance of employees or benefit recipients related to illness or incapacity for work. 2. In the cases referred to in the first paragraph, the data will only be processed by persons who are obliged to observe secrecy by virtue of office, profession or statutory regulation or by virtue of an agreement. If the controller processes data personally and he is not already under a duty of confidentiality on account of his office, profession or legal regulation, he is obliged to maintain the confidentiality of the data, except insofar as a statutory notice is required or the necessity arises from his task that the data is communicated to others who are authorized to process it pursuant to the first paragraph. Article 285, second paragraph, of the Criminal Code is does not apply. . 3. The prohibition on processing other personal data as referred to in Article 16, does not apply insofar as this is necessary in addition to the processing of personal data concerning a person's health as referred to in the first paragraph, under a, with a view to proper treatment or care of the person data subject. 4. Personal data concerning hereditary characteristics may only be processed insofar as this processing takes place with regard to the data subject from whom the relevant data were obtained, unless: a. a compelling medical interest prevails or b. the processing is necessary for scientific research or statistics. In the case referred to in part b, Article 23, first paragraph, is under a, and second paragraph, applies mutatis mutandis. 5.Applicable by national decree containing general measures of the first paragraph, under sub-paragraph f, further rules are laid down.
Article 22
1. The prohibition to process criminal personal data referred to in Article 16, does not apply if the processing is carried out by bodies charged by or pursuant to a statutory regulation with the application of criminal law, as well as by controllers who have obtained this pursuant to the National Ordinance containing provisions regarding judicial documentation and the statements regarding the behavior. 2. The prohibition does not apply to the controller providing these data processed for its own benefit for: a. assessment of a request from the person concerned to make a decision about him take or deliver a performance to him or b. protection of his interests as far as criminal offenses are concerned or expected on the basis of facts and circumstances committed against him or against persons employed by him. 3. The prohibition on processing other personal data as referred to in Article 16, does not apply insofar as this is necessary in addition to the processing of criminal data for the purposes for which these data are collected processed. 4. The second and third paragraphs apply mutatis mutandis to personal data concerning a prohibition imposed by the court as a result of unlawful or annoying behavior.
Article 23
AGA
1. Without prejudice to Articles 17 to 22, it is prohibited to transfer personal data as referred to in Article 16, not applicable insofar as: a. this takes place with the explicit consent of the data subject; b. the data has been clearly disclosed by the data subject; c. this is necessary for the establishment, exercise or defense of a right in law; d. this is necessary to comply with an obligation under international law, or e. this is necessary in view of an important public interest, appropriate guarantees are offered to protect privacy and this is determined by or pursuant to a regulation or the Minister has granted an exemption. The Minister may impose restrictions and regulations on the granting of an exemption impose. 2. The prohibition to process personal data as referred to in Article 16 for scientific research or statistics does not apply insofar as: a, the research serves a general interest, b. the processing for the relevant research or statistic is necessary, c. asking for explicit permission turns out to be impossible or an odd one reasonable effort and d. such guarantees are provided in the implementation that the personal privacy of the data subject is not disproportionately harmed.
Article 24
1. A number prescribed by regulation to identify a person, is only used in the processing of personal data for the implementation of the relevant regulation or for the purposes of the regulation determined. 2. By national decree containing general measures, other than in the first The cases referred to in paragraph 1 are designated in which a number to be designated as referred to in the first paragraph can be used. Further rules can be given about the use of such a number.
Chapter 3. Provision of information to the data subject
Article 25
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1. If personal data is obtained from the data subject, the the person responsible before the moment of obtaining the information referred to in the second and third paragraph, unless the person concerned has already height is. 2. The controller will share with the data subject his identity and the purposes of the processing for which the data are intended, including. 3. The responsible party provides further information in so far as this is in view of its nature of the data, the circumstances under which they are obtained or the use to which they are made, is necessary to guarantee proper and careful processing towards the data subject.
Article 26
1. If personal data are obtained in a different manner than referred to in Article 25, the controller shall inform the data subject of the information referred to in the second and third paragraphs, unless he or she is already aware of this: a. at the time of recording the data concerning him, or b. when the data are intended to to be provided to a third party, at the latest at the time of the first provision. 2. The controller will share with the data subject his identity and the purposes of the processing also. 3. The responsible party provides further information in so far as this is in view of its nature of the data, the circumstances under which they are obtained or the use to which they are made, it is necessary to guarantee proper and careful processing towards the data subject. 4. The first paragraph does not apply if the information is communicated to the the person concerned proves impossible or requires a disproportionate effort. In that case the controller records the origin of the data. 5. The first paragraph does not apply either if the recording or the provision prescribed by or pursuant to a regulation. In that case, the controller must inform the data subject at his request of the legal regulation that led to the recording or provision of the data concerning him.
Chapter 4. Rights of the data subject
Article 27.
1. The data subject has the right freely and at reasonable intervals to the the responsible person with the request to inform him whether personal data concerning him is being processed. The controller informs the data subject in writing within four weeks whether personal data pertains to him or her processed. 2. If such data are processed, the notification shall contain a complete overview thereof in an intelligible form, a description of the purpose or purposes of the processing, the categories of data to which the processing relates and the recipients or categories of recipients, as well as the available information on the origin of the data. 3. Before a controller makes a statement as referred to in the first paragraph, against which a third party is expected to have objections, he shall give that third party the opportunity to express his viewpoint if the communication contains information concerning him, unless this proves impossible or disproportionate. effort. 4. If requested, the controller will inform the person concerned about the logic underlying the automated processing of data relating to him.
Article 28
1. The person notified concerning him or her in accordance with Article 27 personal data, the controller can request to correct, supplement, delete or screen them if they are factually incorrect, are incomplete or irrelevant for the purpose or purposes of the processing or otherwise in violation of a legal prescription. It request contains the changes to be made. 2. The responsible party will inform the applicant within four weeks of receipt of the request in writing whether or to what extent he complies with it. A refusal is reasoned. 3. The responsible party ensures that a decision to improve, supplement, removal or blocking is carried out as soon as possible. 4. If the personal data are recorded on a data carrier in which no changes can be made, he will take the necessary measures to inform the user of the data about the impossibility of correction, addition, deletion or blocking despite the fact that there are grounds for is for adjustment of the data on the basis of this article. 5. The provisions of paragraphs 1 to 4 do not apply to at public registers established by regulation, if that regulation provides for a special procedure for correcting, supplementing, deleting or blocking data.
Article 29
1. If a weighty interest of the applicant so requires, the controller shall comply to a request as referred to in Articles 27 and 28, in a non-written form shape, which is adapted to that importance. 2. The responsible party ensures that the identity is properly established of the applicant. 3. The requests referred to in Articles 27 and 28 shall be reduced in respect of year-olds who have not yet reached the age of sixteen, in respect of persons placed in receivership, done by their legal representatives. The relevant communication is also made to the legal representatives.
Article 30
1. The controller who is responding to a request pursuant to Article 28 has corrected, supplemented, deleted or protected personal data, it is obliged to notify third parties to whom the data has been provided in advance of the correction, addition, deletion as soon as possible. or foreclosure, unless this proves impossible or requires a disproportionate effort. 2. The responsible party will inform the petitioner, as referred to in Article 28, if so requested a list of the persons to whom he has made the notification.
Article 31
1. For a message as referred to in Article 27, the controller can submit a letter to or compensation to be determined pursuant to national decree containing general measures of costs that require a maximum of NAf. 12.00. 2. The compensation will be refunded in the event of the controller at the request of the person concerned, or has proceeded to correct, supplement, delete or block on the order of the court.
Article 32
1.If data is the subject of processing pursuant to Article 8, under e and f, the data subject may at any time lodge an objection with the controller in connection with his special personal circumstances. present day. 2. The responsible party will assess within four weeks of receiving the objection whether the opposition is justified. If the opposition is justified, he ends processing immediately. 3. The responsible party can submit an objection to deal with an objection require reimbursement of costs, which may not exceed an amount to be determined by or pursuant to a national decree containing general measures. The compensation will be returned if the objection is found to be well-founded. 4. This Article does not apply to public registers which are by regulation set.
Article 33
1. If data are processed in connection with the creation or the maintaining a direct relationship between the controller or a third party and the data subject for the purpose of recruiting for commercial or charitable purposes, note. 2. In the event of an objection, the responsible party will take measures to prevent this form of to terminate the processing immediately. 3. The controller who intends to pass on personal data to third parties or to use it on behalf of third parties for the purpose referred to in the first paragraph, take appropriate measures to inform the parties involved of the possibilities to object. Announcement will be made via one or more daily, news, or door-to-door papers or in any other suitable manner in both Dutch and Papiamento. In the event of regular provision to third parties or use on behalf of third parties, the notification will at least take place once a year. 4. The controller who processes personal data for the purposes referred to in the first paragraph the purpose referred to, ensures that, if a message is sent to the person concerned directly to that effect, the person concerned is always pointed out to the possibility of objecting in both Dutch and Papiamento.
Article 34
1. No one can be subject to any decision which is right before him consequences or that affect him to a significant degree, if that decision is taken solely on the basis of an automated processing of personal data intended to obtain an idea of ​​certain aspects of his personality. 2. The first paragraph does not apply if the decision referred to there:
a. is taken in the context of the conclusion or performance of an agreement and 10. the request of the person concerned has been complied with or 2 °. appropriate measures have been taken to protect his courtlegitimate interest, or
 b. is based on a regulation in which measures are laid down that serve to protect the legitimate interest of the data subject. 3. An appropriate measure as referred to in the second paragraph, under a, has been taken if the person concerned has been given the opportunity regarding the decision as referred to in the first paragraph, to put forward his point of view. 4. In the case referred to in the second paragraph, the responsible party will share the data subject the logic underlying the automated processing of data concerning him.
Chapter 5. Exceptions and Limitations
Article 35
The controller may not apply Articles 9, first paragraph, 25, 26 and 27 insofar as this is necessary in the interest of:
a. the security of the Land; 
b. the prevention, detection and prosecution of criminal offenses; 
c. weighty economic and financial interests of the Land and other public bodies; 
d, the supervision of compliance with statutory regulations that have been set with regard to for the interests referred to under b and c, or e. the protection of the data subject or of the rights and freedoms of others.
Article 36
1. If processing is carried out by institutions or services for knowledge research or statistics, and the necessary provisions have been made to ensure that the personal data can only be used for statistical and scientific purposes, the controller may omit a communication as referred to in Article 26 and refuse a request as referred to in Article 27. 2. If processing takes place of personal data that are part of records that have been transferred to an archive repository pursuant to Article 5 of the National Archives Ordinance, the controller may omit a notification as referred to in Article 26.
Chapter 6. Legal protection
Article 37
A decision on a request as referred to in articles 27, 28 and 30, second paragraph, as well as a decision following the entry of an objection as referred to in articles 32 or 33, insofar as it has been taken by an administrative the meaning of the National Ordinance Administrative Jurisprudence.
Article 38
1. 1. If a decision as referred to in Article 37 has been taken by someone other than one administrative body, the interested party may apply to the Court with a written request to order the responsible party to grant or to grant or to grant an objection as referred to in Articles 27, 28 or 30, second paragraph, or to oppose as referred to in Articles 32 or 33. 2. The petition must be filed within six weeks of receipt of the answer of the responsible person. If the controller has not replied within the set deadline, the petition must be submitted within six weeks of the end of that period. 3. The Tribunal shall grant the request in so far as it considers it well-founded. Beforethe General Court decides, it shall, if necessary, give interested parties the opportunity to submit their point of view. 4. The petition does not have to be filed by a lawyer. 5. The third section of the fifth title of the Second Book of the Code of
Civil Procedure applies mutatis mutandis.
6. The Tribunal may request parties and others within a period it determines period of time to provide written information and to send documents in which they are based. The controller and interested party are obliged to comply with this request. Articles 24 and 29 of the National Ordinance Administrative Jurisprudence apply mutatis mutandis.
Article 39
1. If someone suffers damage as a result of acting in violation of the regulations laid down by or pursuant to these bye-laws, the following paragraphs apply, without prejudice to claims based on other statutory provisions. 
rules. 2. The injured party is entitled to any disadvantage that does not consist of financial loss compensation to be fairly determined. 3. The responsible person is liable for any damage or loss resulting from non-compliance with the regulations referred to in the first paragraph. The processor is liable for that damage or disadvantage, insofar as it is caused by it efficacy. 4. The controller or processor can be wholly or partially released of this liability, if he proves that the damage cannot be attributed to him.
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Article 40
1. If the controller or processor acts contrary to the by or pursuant to regulation and that another person suffers or threatens to suffer damage as a result, the General Court may, at the request of that other person, prohibit him from such conduct and order that measures be taken to rectify the consequences of that behavior. 2. Processing cannot be based on a claim of a legal person as referred to in Article 7, first paragraph, of the National Ordinance Administrative Jurisprudence or Article 3: 305a of the Civil Code, insofar as the person affected by this processing objects to this.
Chapter 7. Supervision
Article 41
1. There is a Data Protection Authority that has the task of supervising the processing of personal data in accordance with the provisions of or pursuant to the regulation. The Board also supervises the processing of personal data in the Country, if the processing takes place in accordance the law of another country of the Kingdom of the Netherlands. 2. The Board also fulfills its tasks by regulation and by virtue of a treaty commissioned. 3. The Board carries out its duties independently.
Article 42
1. The Board consists of a chair and two other members. 2. The chairman and the other two members shall be nominated by national decree of the Minister, appointed for a term of five years. 3. In order to be appointed as chair or member of the Board, one must:
a. Being a Dutch citizen, 
b. have reached the age of thirty-five, 
c, be domiciled within Curaçao, and 
d. comply with a national decree containing general measures profile 
4. The office of chair or member of the Board is incompatible with the office or the position of: 
a. member of Parliament;
b. actively serving civil servant. 
5. The office of chair or member of the Board is also incompatible with a office or a position in respect of which the incompatibility has been determined by national decree.
Article 43
1. The chair and the other members of the Board are dismissed by national decree:
a. at your own request; and 
B. with effect from the first day of the month immediately following the month in which
the age of seventy is reached.
 2. The chair and the other members of the Board are appointed on the nomination of the Minister, dismissed by reasoned national decree:
a, in taking up offices or functions incompatible with the membership of the College; 
b. when it has become final by judicial decision for a criminal offense have been convicted, or have received a measure in such a decision which results in deprivation of liberty; c. when they are placed under guardianship by a final court decision have been filed, have been declared bankrupt, have been granted a moratorium have acquired, been placed under administration or taken hostage for debt; d. in the event of loss of Dutch citizenship; e. when leaving Curaçao for more than a living; f. if it is due to illness or disability on account of a possible investigation by relevant experts, have become permanently unfit to to fulfill their function; g. in the event of unsuitability for their position other than due to illness or defects; h. due to the performance of offices or functions the performance of which is undesirable is with a view to the proper fulfillment of membership of the College or the maintenance of their impartiality and independence or of the trust in it; i. for acts or omissions that seriously damage the reputation of the Board and the trust to be placed in the Board.
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3. In the cases referred to in the second paragraph, under f, g, h and i, the person concerned shall be given the opportunity in advance to put forward a written defense to the Minister,
Article 44
1. The chairman and the other two members are remunerated for their work activities. This compensation consists of a sitting fee as well as a fee for any costs incurred in connection with work performed. 2. The chairman and the other two members are allowed to do so without the permission of the Minister do not perform other activities for which a remuneration if these activities are incompatible with their activities for the Board due to their nature or size.
Article 45
1. The College has a secretariat, whose officials are appointed by the Minister, op nomination of the chairman, are appointed, suspended and dismissed. 2. The chairman directs the activities of the Board and of the secretariat. 3. The Board draws up administrative regulations. In any case, this contains rules about it the financial management and administrative organization, as well as working methods and procedures with a view to the proper and careful performance of the various tasks. In addition, safeguards against mixing of the supervisory, advisory and sanctioning task of the Board. 4. The regulations as well as any amendment thereof will be sent as soon as possible to the Minister and requires his approval.
Article 46
1. The Board is represented by the chair and the two other members, or by one of them. 2. The members determine a division of tasks.
Article 47
Before 1 September each year, the Board prepares a report on the activities, the policy pursued in general and the efficiency and effectiveness of its working method in particular in the past calendar year. The report is sent to the Minister and made generally available.
Article 48
1. Upon request, the Board will provide the Minister with the information required for the exercise of his task. The Minister can demand inspection of business information and documents, insofar as this is necessary for the performance of his task. 2. The first paragraph does not apply if the Board has obtained the information from third parties on the condition that it becomes secret enforced.
Article 49
1. The Board may conduct an investigation ex officio or at the request of an interested party set the way in which with regard to data processing apply is given to the provisions by or pursuant to the ordinance. 2. The Board will inform the controller of its provisional findings or the group of controllers involved in the investigation and gives them the opportunity to express their views on it. If the provisional findings are related to the implementation of any regulation, it brings The Board also informs the Minister concerned about this. 3. In the event of an investigation, initiated at the request of an interested party, does the Board to this notification of its findings, unless such notification is incompatible with the purpose of the data processing or the nature of the personal data, or important interests of others than the applicant, including the controller, would be disproportionately harmed as a result. If it fails to communicate its findings, it shall send the interested party such notice as seems appropriate to him.
Article 50
1. The members of the Board as well as the officials of the secretariat of the College. 2. The persons referred to in the first paragraph are supervisors task and only insofar as this is reasonably necessary for the fulfillment of their task, authorized to request information, permitting access to business data and documents and examining items and means of transport. In addition, these persons are authorized to enter a home without the consent of the resident. Everyone is obliged to lend all cooperation to the supervisor that he can reasonably demand in the exercise of his powers. 3. The persons referred to in the first paragraph are required to exercise the in the
second paragraph, second sentence, described authority the express and special power of attorney of the Board, without prejudice to the provisions of the Code of
Criminal Procedure. 4. No appeal is possible on a duty of confidentiality, insofar as information
whether cooperation is required in connection with one's own involvement in the
processing of personal data. 5. Upon request, the Board is obliged to the supervisory authorities of the
to cooperate fully with other countries within the Kingdom insofar as this is necessary for the performance of their duties.
Chapter 8. Data traffic with countries outside the Kingdom
Article 51
1. Personal data that are subject to processing or that are intended are to be processed after their transfer will only be sent to one country outside passed on to the Kingdom if, without prejudice to compliance with this Regulation, which ensures an adequate level of protection for the country. 2. The appropriateness of the level of protection is assessed in view of the circumstances affecting the transfer of data or a category of data transfer. In particular, the nature of the data, the purpose or purposes and the duration of the intended processing or processing, the country of origin and the country of final destination, the general and sectoral legal rules applicable in the third party concerned, are taken into account in particular. country, as well as the rules of professional life and safety measures observed in those countries.
Article 52
1. By way of derogation from Article 51, a transfer or a category of transfers of personal data to a country outside the Kingdom that does not guarantee an adequate level of protection, takes place if: a. the person concerned has given his explicit consent for this; b. the transfer is necessary for the performance of an agreement between the data subject and the controller, or for taking pre-contractual measures in response to a request from the data subject and who necessary for the conclusion of an agreement; c. the transfer is necessary for the conclusion or performance of an interest of the data subject between the controller and a third party or to conclude agreement; d. the transfer is necessary because of an important public interest, or for the establishment, enforcement or defense of any right in law; e, the transfer is necessary to safeguard a vital interest of the data subject, or f. the transfer takes place from a register established by statutory regulation and that can be consulted by any person or by any person who can rely on a legitimate interest, insofar as the relevant case the legal conditions for consultation are met. 2. Contrary to the first paragraph, the Minister, after hearing the Board, may issue a to grant a permit for a transfer or a category of transfer of personal data to a country outside the Kingdom that does not offer any guarantees for an adequate level of protection. The permit shall be subject to the further conditions necessary to protect the privacy and fundamental rights and freedoms of persons, as well as the exercise of safeguard the related rights. 3. Transfer of the personal data by the country referred to in the second paragraph to another country is only possible after written permission from the Minister, after hearing the Board.
Chapter 9. Sanctions
Section 1. Administrative coercion
Article 53
The Board is authorized to apply administrative coercion to enforce the obligations laid down by or pursuant to these bye-laws.
Section 2. Administrative fines
Article 54
1. If the controller acts contrary to the provisions of or pursuant to article 4, third paragraph, 27, 28 or 64, first paragraph, the Board may impose an administrative fine of no more than NAf. 10,000. 2. The Board will not impose a fine if the responsible party makes it plausible that he cannot be blamed for the offense. 3. In determining the amount of the fine, the Board will in any case hold take into account the seriousness and duration of the violation. 4. The activities related to the implementation of Articles 57 and 58 shall be performed by persons who were not involved in the preparation of the in report referred to in Article 55, paragraph 1 and the preceding paragraph. 5. The authority to impose a fine lapses if in respect of the violation on the basis of which the fine can be imposed, criminal proceedings have been instituted against the offender and the investigation in court has commenced, or the right to prosecute has lapsed under Article 76 of the Criminal Code.
Article 55
1. If the Board establishes that a violation as referred to in Article 54, first member, has been committed and that a fine must be imposed for this, makes it a report of this in Dutch or in Papiamento op. 2. The report must in any case state:
a.the violation, with reference to the relevant statutory provision; 
b. an indication of the place where and the time at which the violation took place to commit; 
c. the facts and circumstances on the basis of which it was established that a violation was committed is committed.
 3. A copy of the report is sent to the person referred to in Article 54, paragraph 1, intended controller.
 4. At the request of the controller who issued the report because of his lack of knowledge of Dutch or Papiamento, the Board will ensure as much as possible that the content of the report is communicated to the person concerned in a language that he or she understands.
Article 56
The controller against whom an act has been performed to which he can reasonably conclude that a fine will be imposed on him for a violation, is not obliged to make any statement or make any statement in that regard. The controller will be informed of this before being asked verbally for information.
Article 57
1. The Board appoints the responsible party as referred to in Article 54, first paragraph, in the opportunity. to within a reasonable period of time, either in writing or orally to put forward his point of view. 2. If the controller as referred to in Article 54, paragraph 1, gives his opinion orally and does not sufficiently understand Dutch or Papiamento, the Board shall, at the request of the responsible party, arrange for an interpreter to be appointed to assist the responsible party, unless it can reasonably be assumed that there is no need for this.
Article 58
1. A fine is imposed by decision of the Board. 2. The decision shall at least state:
a.the sum of money to be paid;
 b. the offense for which it was committed, with reference to the relevant legal requirement; c. the information referred to in Article 55, second paragraph, under b and c. 3. At the request of the controller who does not sufficiently understand the decision due to his poor knowledge of Dutch or Papiamentu, the Board will ensure as much as possible that the content of the decision is communicated to the controller in a language that he or she understands.
Article 59
The effect of a decision as referred to in Article 58 is suspended until the objection period has expired or, if an objection has been lodged, a decision has been taken on the objection.
Article 60
The authority to impose a fine expires five years after the violation has been committed.
Article 61
1. A fine is paid within six weeks of the decision granting the fine has been imposed, has entered into force. 2. If payment has not been made within the period referred to in the first paragraph, the guilty in writing ordered within two weeks to pay the amount of the fine, plus the costs of the reminder. 3. In the absence of payment within the period referred to in the second paragraph, it is possible Board the fine owed, plus the amount due on the reminder and collection related costs, collection by writ of execution. 4. The writ of execution will be paid at the expense of the person who owes the fine bailiff operation serves and provides an enforceable title within the meaning of the Second Book of the Code of Civil Procedure.
5. There is an opposition to the writ of execution for six weeks after the day of service open by summons from the Land. 6. The objection suspends enforcement. At the request of the Country, the Court may lift the suspension of enforcement.
Article 62
The Minister can establish policy rules on the exercise of the authority of the Board to impose fines.
Section 3. Criminal sanctions
Article 63
1. The controller who acts in contravention of the provisions of or pursuant to article 4, third paragraph, 27 or 28, will be punished with a fine of the second category. 2. The controller who deliberately commits an offense as referred to in the first paragraph, is punishable by imprisonment of up to six months or a fine of the third category. 3. The offenses made punishable in the first paragraph are violations. The second member offenses are criminal offenses. 4. With the detection of the information referred to in this article are facts described in addition to the article 184 of the Code of Criminal Procedure, the officials designated by the Minister from the secretariat of the Board are responsible.
Chapter 10. Transitional and final provisions
Article 64
1. Within one year of the entry into force of this Regulation, the data shall be processing that was already taking place at that point in time has been brought into line with this Regulation. The term referred to in the first sentence may be extended to a maximum of three years by national decree containing general measures with regard to the obligation to report. 2. For the adaptation of the processing of special data to section 2 of Chapter 2, a period of three years applies, on the understanding that for processing operations that have already taken place and are necessary for the performance of agreements concluded before the date of entry into force of this Regulation, permission does not need to be requested again as referred to in Article 23. , first paragraph, part a.
Article 65
Within five years after the entry into force of this regulation, the Minister and the Minister of General Affairs shall send Parliament a report on the effectiveness and the effects of this regulation in practice.
Article 66
This bye-law shall enter into force on a date to be determined by national decree.
Article 67
This regulation is referred to as: National Ordinance on the Protection of Personal Data.