Rules regarding notification and exchange of information

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To ensure that as many cases of human trafficking as possible are reported, a number of rules have been established to govern such instances. The protection of the victims’ privacy is paramount when reporting human trafficking crimes. Various statutory frameworks apply to the exchange of personal details when victims report human trafficking offences.

The Personal Data Protection Act and the Police Data Act stipulate which information may or may not be shared, as well as with which parties that information may be shared, how it is stored and how it may be used. A projectmanager has been appointed to ensure data sharing to be in line with the AVG rulings. He will devellop a strategy and method for data sharing between professional partners in the anti-human trafficking field.

The Instructions for Human Trafficking stipulate and outline the rules for the criminal justice approach to human trafficking and specifies how the Public Prosecution Services should collaborate with which organisations to address human trafficking. The Instructions, for example, stipulate that the law enforcement and investigation services should report indicators of human trafficking to the Expertise Centre for Human Trafficking and Human Smuggling (EMM).

In addition, the Aliens Act Implementation Guidelines (Chapter B8, Section 3.4) specify that the police also have the additional obligation of reporting suspected victims of human trafficking to CoMensha. This procedure is partly for the benefit of the National Rapporteur, who reports on the state of human trafficking in the Netherlands based on anonymised data.

The Commission on young female victims of pimp boyfriends/human trafficking in youth care (Azough Commission) has led to agreements on reporting potential victims of human trafficking to CoMensha by youth-care organisations, taking into account the legal frameworks for privacy protection. The following practical tools were developed for that purpose:

The Personal Data Protection Act and the Police Data Act stipulate which information may or may not be shared, as well as with which parties that information may be shared, how it is stored and how it may be used.