Collection and mass storage of data through automatic number plate recognition

By Thomas Vink, 9th August 2022

Privacy First are challenging the Dutch Automatic Number Plate Recognition (ANPR) Act, which was adopted in November 2017 and entered into force in January 2019. The Act enables the Dutch police to automatically collect and store the license plate data of all vehicles in the Netherlands – including ‘no-hits’, i.e. individuals not suspected of any crime – for four weeks for criminal investigation and intelligence purposes.

Among other issues, Privacy First argue that the ANPR Act allows for undifferentiated collection and mass storage of data that lacks necessity and proportionality.

Summary proceedings concluded at the end of 2021. These proceedings focussed on unsupervised mass collection, storage and use of ‘no-hits’ under the ANPR Act. However, the courts ruled against Privacy First due to there being “no sufficiently urgent interest.” Privacy First will continue the case to civil proceedings on the merits at the Hague District Court.

Collection and mass storage of data through automatic number plate recognition

Organisation Name

Privacy First

Country/Jurisdiction

The Netherlands

Thematic Area

Privacy and data protection

Current Status

Case lost, but being appealed

Grant type

Litigation Track Support

Description

Privacy First are challenging the Dutch Automatic Number Plate Recognition (ANPR) Act, which was adopted in November 2017 and entered into force in January 2019. The Act enables the Dutch police to automatically collect and store the license plate data of all vehicles in the Netherlands – including ‘no-hits’, i.e. individuals not suspected of any crime – for four weeks for criminal investigation and intelligence purposes.

Among other issues, Privacy First argue that the ANPR Act allows for undifferentiated collection and mass storage of data that lacks necessity and proportionality.

Summary proceedings concluded at the end of 2021. These proceedings focussed on unsupervised mass collection, storage and use of ‘no-hits’ under the ANPR Act.

At the beginning of 2023, Privacy First filed the case with the District Court of The Hague and a hearing took place in March 2024.

On 29 May 2024, the District Court ruled against Privacy First, stating that the Act was useful, necessary and proportionate, even without independent supervision.

Privacy First is appealing the decision.

"The Act enables the Dutch police to automatically collect and store the license plate data of all vehicles in the Netherlands – including ‘no-hits’, i.e. individuals not suspected of any crime"

Strategic Goal

In addition to having the ANPR Act declared inoperative in the Netherlands, and thus creating a positive European precedent, Privacy First hopes to set a new privacy standard in the field of ANPR and location data on the European level.

Organisation Name

Women’s Link Worldwide

Image credit: Denny Müller on Unsplash