Dutch authorities collecting too much data on protesters: Human Rights Institute

The Dutch government is collecting too much information about demonstrations and demonstrators, the Netherlands Institute for Human Rights said in its annual report. This includes sensitive information, such as protesters’ political or religious beliefs. People wishing to demonstrate may feel discouraged by the knowledge that the government is monitoring them and gathering data on them and their views. This “chilling effect” can put human rights under pressure, the Institute warned.

The government requires certain information to facilitate demonstrations and ensure they proceed safely. The Institute examined the types of data the government is collecting, as well as proposals to introduce new methods of gathering information.

Almost all demonstrations in the Netherlands take place without incident. Nevertheless, following any incidents, politicians often call for stricter rules and greater oversight, the Institute observed. This often includes the police or municipal authorities monitoring social media, using street-level surveillance cameras, or deploying specialized teams to collect information. According to the Institute, excessive monitoring breeds distrust, which runs counter to human rights. It called for clear legislation regarding digital surveillance.

"People must feel free to stand up for what they believe in," said Rick Lawson, chair of the Institute. "If the government collects too much information about demonstrators, there is a risk that people will withdraw for fear of being identified or tracked." Lawson called it a worrying trend, emphasizing that "the right to demonstrate is an indispensable component of a democratic state governed by the rule of law."

To safeguard democratic legal order, the Institute urged policymakers and legislators to abandon what it calls the “regulatory reflex”, the tendency to impose new rules reflexively. This refers to the urge to immediately introduce new rules and demand additional powers following an incident to mitigate future risks. Instead, the Institute advocates for transparency and trust in citizens, as well as the need for clear legal frameworks that safeguard the rights and privacy of protesters.

"Collecting, storing, and sharing personal data without a clear legal basis is problematic in itself; however, the cumulative effect of such measures could lead to infringements on human rights," said Lawson.