delegation for data rights (Q2714)
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| Language | Label | Description | Also known as |
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| English |
delegation for data rights
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No description defined
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Statements
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See pp 18--19 and footnote 1
Dutch property law specifically states that civilians have the right to declarea representative to perform legal action on their behalf. (Burgerlijk Wetboek Boek 3 -BWBR0005291,1992)
Comparative laws for exercising legal action through intermediariescan be found in other EU countries, although some countries require the declarationto be notarized (Dine, Koutsias, & Blecher, 2007; The powers of attorney,2016).
The notarization of intermediarystatements is not required under Dutch law (Busch, H Hondius, J Van Kooten, N Schelhaas, &M Schrama, 2003).
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17 january 1994, 92.c.130. Foundation De Ombudsman requested access on behalf of a patient at a hospital. The Registratiekamer explains that the Dutch registration law does not contain a right to authorisation, but general administrative law does, so in case of a request to a public organisation, a specific written authorisation can be valid.
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7 Feb 1996, 95.K.063 Authorisation to access data at insurance company. Registratiekamer now explains lack of a rule in DP law does not exclude possibility for authorisations, and they also refer to generic civil law. Auth allowed to extent that 3d party does not have any specific self/own interests in gaining access to the data. Limitation follows from articles 2:1 Awb and 3:79 BW.
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4 Febuary 2003, z2002-1511. If lawyer asks for access on behalf of DS, DC has to verify the identity of lawyer, eg by checking telephone number, letter head or asking at Bar. NO requirement for lawyer to send copy of HIS ID to DC. Reasonable guarantee for DC that DS is asking for access, is written authorisation plus copy of ID. Alternatively, the third party may show the ID of the DS to the DC.
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