Onder 6.7. Rechtbank Den Haag 5 februari 2020

The SyRI legislation does not meet the requirement laid down in Article 8 paragraph 2 ECHR that interference with the exercise of the right to respect for private life is necessary in a democratic society, meaning that it should be necessary, proportionate and subsidiary in relation to the intended purpose. The court weighs the substance of the SyRI legislation in light of the aims the legislation pursues against the violation of private life by the SyRI legislation. The court is of the opinion that the legislation does not strike the ‘fair balance’ required under the ECHR between the social interest the legislation serves and the violation of private life to which the legislation gives rise to qualify as a sufficiently justifiable violation of private life. The court takes into consideration the fundamental principles underlying the protection of data under Union law (the Charter and the GDPR), specifically the principles of transparency, purpose limitation and data minimisation. The court holds that the legislation pertaining to the application of SyRI is insufficiently transparent and verifiable. For this reason, the court declares in this judgment that Section 65 SUWI Act and Chapter 5a SUWI Decree have no binding effect, being contrary to Article 8 paragraph 2 ECHR.

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