Right to Rectification in Tilburg

Right to Rectification in Tilburg

As a resident of Tilburg, you can exercise the right to rectification to have incorrect or incomplete personal data held by local authorities such as the Municipality of Tilburg corrected. This right under the General Data Protection Regulation (GDPR) ensures accurate records, essential for decisions on benefits, permits, or allowances in our city.

Legal Basis and Local Application

The right to rectification is set out in Article 16 GDPR: you may require the controller, such as the Municipality of Tilburg, to rectify inaccurate or incomplete personal data. This must be done free of charge and within one month. Under the General Administrative Law Act (Awb), Article 3:2 supports careful decision-making with accurate data. In case of errors, you can lodge an objection under Article 4:17 Awb. The Dutch Data Protection Authority (DPA) provides supervision, while the District Court of Zeeland-West-Brabant in Breda handles appeals. For advice, contact the Juridisch Loket Tilburg.

Read more in our overview of the GDPR and the government, including links to the right to be forgotten and government information obligations.

When to Request Rectification in Tilburg?

Invoke this right for incorrect data held by agencies such as the Municipality of Tilburg. Examples from Tilburg:

• Incorrect date of birth in the Basic Registration of Persons (BRP) at the municipality, blocking benefits or local subsidies.
• Inaccurate income data at the Tax Authorities, leading to incorrect assessments for Tilburg residents.
• Incomplete criminal record in the Judicial Documentation System (JDS), hindering job applications with local employers.

In Tilburg, data is used in the BRP, Land Registry, and local systems for permits such as events or construction.

Step-by-Step Guide to Rectification with Tilburg Agencies

Here's how to exercise your right to rectification:

1. Submit a request: Send an email or letter to the Municipality of Tilburg or other agency. Specify the error, the correct data, and attach evidence, such as a BRP extract.
2. Response timeframe: Reply within 1 month; up to 2 months for complex cases.
3. No resolution?: File a complaint with the DPA via autoriteitpersoonsgegevens.nl or seek advice from Juridisch Loket Tilburg.
4. Objection or appeal: For administrative decisions, lodge an objection (Awb art. 6:3) or appeal to the District Court of Zeeland-West-Brabant (Breda).

Comparison of GDPR Rights

Rights and Obligations for Tilburg Residents

Rights:

• Free correction and notification to third parties (art. 16(2) GDPR).
• No proof of harm required.
• Compensation for damage (art. 82 GDPR).

Obligations:

• Provide evidence.
• Be precise.
• Respect purposes; historical data may sometimes remain intact.

Tilburg Case Examples

Example 1: Ms. Jansen from Tilburg notices an incorrect address in her BRP record at the Municipality of Tilburg. After her request, it is quickly corrected, and her special assistance is recalculated.

Example 2: Mr. De Vries has a typo in a CJIB fine following a Tilburg traffic incident. Rectification cancels the fine and reimburses costs.

In 2022, the DPA received thousands of complaints about government data, many from regions like West-Brabant (DPA Annual Report).

Frequently Asked Questions