Right to Rectification for Residents of Delft

Right to Rectification

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

Legal Basis of the Right to Rectification

The right to rectification is set out in Article 16 GDPR. Any data subject may require the controller – often the Municipality of Delft or other local authorities – to rectify inaccurate personal data and complete incomplete data. This must be done free of charge and without undue delay, 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 (DPA) oversees compliance, while for Delft-specific matters, the District Court of The Hague has jurisdiction.

Read more in our overview of the GDPR and the government. Related rights such as the right to be forgotten or the government information obligation can also be found there.

When Can You Invoke This Right in Delft?

Invoke this right when there is incorrect or incomplete data processing by Delft authorities. Examples relevant to residents of Delft:

• Incorrect date of birth in the Basic Register of Persons (BRP) at the Municipality of Delft, blocking benefits or local subsidies.
• Inaccurate address details with the Tax Authorities, leading to errors in Delft benefit schemes.
• Incomplete registration in the Judicial Documentation System (JDS), hindering job applications with Delft employers.

In Delft, basic registers such as the BRP, Land Registry, and local systems play a major role in permits for housing or construction.

Procedure for Rectification with Delft Authorities

Here’s how to exercise your right to rectification step by step:

1. Submit a request: Send an email or letter to the Municipality of Delft. Specify the inaccurate data, the correct version, and attachments 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 DPA via autoriteitpersoonsgegevens.nl, or seek advice at the Juridisch Loket Delft.
4. Objection or appeal: For administrative decisions, lodge an objection (Awb art. 6:3) or appeal to the District Court of The Hague.

Comparison with Other GDPR Rights

Your Rights and Obligations as a Resident of Delft

Rights:

• Free correction and notification to third parties (Art. 16(2) GDPR).
• No proof of harm required; inaccuracy suffices.
• Compensation for violations (Art. 82 GDPR).

Obligations:

• Provide proof of accuracy.
• Be precise in your request.
• Respect purposes; historical archives at the Municipality of Delft often remain intact.

Practical Examples from Delft

Example 1: Ms. Jansen from Delft notices an incorrect address in her BRP at the Municipality of Delft. After her request, it is quickly updated, and her parking permit is recalculated.

Example 2: Mr. De Vries has a typo in a CJIB fine linked to Delft. Rectification cancels the fine and reimburses costs.

In 2022, the DPA received thousands of complaints about government data, many concerning local registers (source: DPA Annual Report).

Frequently Asked Questions