Privacy

​The IND implements the aliens policy in the Netherlands. This means that the IND assesses all residence permit applications from people who want to live in the Netherlands or who want to become Dutch. This may involve refugees who are not safe in their own country and therefore apply for asylum here. This may also be people who want to work, study or form a family with someone who already lives here. In addition, the IND handles naturalization requests from the people who have been living here for so long that they feel Dutch and therefore want to apply for Dutch nationality. The IND assesses each application separately against the rules of the immigration policy. That means that we listen to the story of every applicant carefully so that every decision we take does justice to everyone's personal situation.   

As an implementing organisation, the IND is part of the Ministry of Asylum and Migration (residence permits) and the Ministry of Justice and Security (becoming a Dutch citizen). As a member of the government, the Minister of Asylum and Migration and the State Secretary for Justice and Security are responsible for the work of the IND. The IND has no influence on the immigration policy, which is determined via the Second and First Chamber. In addition, rules stem from (international) treaties such as the Refugee Convention and from EU legislation.

The IND has operating offices at various locations in the Netherlands. The main office is located at Rijnstraat 8, 2515 XP in The Hague. Next to that we distinguish 4 counters, 10 expat centres, 5 application centres and 7 offices. For example, at the counters customers can pick up a residence document or, if necessary, have biometrics (such as fingerprints) collected. The expat centres help expats when they arrive in the Netherlands. Here, expats and graduate foreign students can submit an application, have biometrics done if necessary and collect a residence document. Asylum seekers report to an application centre to apply for asylum. Finally, the offices can only be visited by appointment with an IND employee.
 

The IND collects the following personal data:

General personal data

• Name
• Date of birth/ age
• Gender
• Nationality
• Country where the foreign national comes from 
• Country and place of birth 
• Marital status (for example: single, cohabiting, married)
• Client-client relationships (such as: spouse/partner of, child of, parent of …)
• V-number
• A-number
• Address
• Address abroad 
• E-mail address
• Telephone number
• Copy of the passport/ID 
• Date on which you were registered with the IND 
• Date on which you were registered in the BRP
• Residence status, residence permit type and validity period of the residence permit
• Application or applications for the residence permit (asylum or regular) and all documents submitted with the application. These are also original documents
• Date on which you became a Dutch national
• Personal data in documents from your file. For example, reports of hearings and letters
• Financial data 
• Bank account number
• Notes of a contact 
• Notifications received 
• The date on which you left the Netherlands 
• Country where you went to
• Whether the government may expel you from the Netherlands

Special personal data

• Race or ethnic origin 
• Political views
• Religion or philosophy of life 
• Whether you are a member of a trade union
• Biometric data (such as fingerprints, face scan)
• Information about your health
• Sexual behaviour / orientation

Other information

• Citizen service number or another identification number stated in the law
• Criminal convictions and offenses or security measures

The IND cooperates, among others, with the following government services and social organisations:

• Repatriation and Departure Service (DTenV);
• Central Agency for the Reception of Asylum Seekers (COA);
• Royal Netherlands Marechaussee (KMar);
• International Organisation for Migration (IOM);
• Municipalities;
• Stichting NIDOS;
• Ministry of Foreign Affairs;
• Inspection services, such as the Social Affairs & Employment Inspectorate;
• DUO;
• Tax authorities;
• European sister services and NGOs;
• Judicial information service;
• Custodial Institutions Agency (DJI);
• Public Prosecution Service (OM);
• National Police (NP);
• Employee Insurance Agency (UWV);
• BKWI (Suwinet);
• Dutch Council for Refugees (VWN).

Full overview of the organisations with which the IND cooperates:

• AVG stakeholders IND.pdf (PDF, 32.19 KB)

Privacy legislation requires that we only process personal data for clearly defined purposes. The purposes for which we process your data are described in article 107 of the Aliens Act 2000.

In summary, the IND collects the personal data for, among other things:

• Implementing the Aliens Act 2000, the Dutch Nationality Act and other legal regulations;
• Verification, checking and referral and making this data available;
• Evaluation of aliens policy and policy of the IND;
• The purpose of processing the special categories of personal data is described in article 107a of the Aliens Act 2000.

The special categories of personal data are processed by us to the extent that this data are necessary for:

• issuing visas;
• border control;
• admission, residence and expulsion of aliens;
• supervision of foreign nationals on the basis of the Aliens Act 2000 or the Schengen Borders Code;
• In Article 7.1a of the Aliens  Regulations 2000 states when it is necessary to process the special personal data.

The IND shares personal data with other organisations in the immigration chain. These are the Repatriation and Departure Service (DTenV), the Central Agency for the Reception of Asylum Seekers (COA), the Royal Netherlands Marechaussee, the National Police, the Ministry of Foreign Affairs, the Custodial Institutions Service (DJI), and the International Organisation for Migration (IOM). All these organisations have their own role in supporting foreign nationals on the way to the Netherlands, in the Netherlands and on the way out of the Netherlands. In addition, the IND shares data with other Dutch government organisations. For example, the UWV or the Public Prosecution Service (OM).

Sometimes the IND shares data with organisations that are not government institutions. They are often associations and foundations. For example, Dutch Council for Refugees (VWN). These organisations only receive personal data if this is necessary to implement the immigration policy.

Mandatory research

The IND cooperates in research conducted by the following institutes:

• The Scientific Research and Documentation Centre (WODC: https://www.wodc.nl/);
• The Advisory Committee on Aliens Affairs (ACVZ: https://acvz.org/);
• The Justice & Security Inspectorate (Inspectie J&V: https://www.inspectie-jenv.nl/);
• The Dutch Court of Auditors (ARK: https://www.rekenkamer.nl/);
• The United Nations High Commissioner for Refugees (UNHCR: https://www.unhcr.org/nl/).

Non-mandatory research

In the non-mandatory scientific research category, the IND facilitates Dutch and foreign universities. It may concern research conducted by the academic staff, as well as research conducted by students for master's theses.

Research conducted by social organisations

The IND cooperates in research conducted by the following institutes, among others::

• European Asylum Support Office (EASO: https://easo.org);
• National Institute for Health and Environment (RIVM: https://www.rivm.nl/);
• ASKV / Refugee Support (ASKV: https://www.askv.nl/);
• International Centre for Migration Policy Development (ICMPD: https://www.icmpd.org/home/);
• The Dutch Organisation for Scientific Research (NWO: https://www.nwo.nl/).

For more information about the background and nature of the research conducted by these institutes, see the websites mentioned above.

Personal data are only processed when necessary for the research

In general, personal data will only be processed during a research if this is strictly necessary for conducting the research. The results of the research can be published in scientific publications and or on the websites of the research institutes.

The publications contain the anonymised and / or aggregated results of the research. The privacy of the research participants is guaranteed in privacy regulations. Researchers sign a confidentiality agreement.

More information about IND research

For more information about research conducted within and by the IND, you can contact the Research Supervision Department at Research & Analysis department via the contact form: IND contactform.

Adequacy decision

According to the law, the IND may transfer personal data on the basis of an 'adequacy decision'. An adequacy decision is the decision of the European Commission (EC) in which the EC has determined that this country protects data at the AVG level in its own laws.

The adequacy decision can apply to an entire country or for one or more sectors or regions in that country. Is there an adequacy decision in place? Then no additional measures are needed to provide personal data to this country, sector or region.

The EC has adopted an adequacy decision for the following countries and regions:

• Andorra;
• Argentina;
• Canada (with the exception of Quebec) (see explanation below);
• Isle of Man;
• Faroe Islands;
• Guernsey;
• Israel;
• Japan;
• Jersey
• New Zealand;
• Uruguay;
• United States of America (see explanation below);
• Switzerland.

For Canada, the adequacy decision only applies to electronically processed data covered by the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).

Concerning the United States, there is no appropriate level of protection for the country as a whole. The EC has adopted EU-US Privacy Shield. Companies and institutions can receive a certificate from the Privacy Shield. Personal data may only be shared with companies and institutions with a Privacy Shield certificate. On the official website (https://www.privacyshield.gov/welcome) there is a list of all certified organisations.

Information about adequacy decisions on the website of the European Commission

Sharing personal data with countries without adequacy decision

Your personal data can also be passed on to a country without the adequacy decision. This can only be done if one of the exceptions referred to in Article 49 of the GDPR is met. Article 49, paragraph 1, sub 'd' of the GDPR allows sharing personal data if there are important reasons in the public interest. Art. 49 paragraph 4 sets the additional requirement that this public interest is recognised in a law of the European Union or a law of the Netherlands that applies to the organisation responsible for the processing of those personal data. 

To the IND, the Aliens Act 2000 applies. It states that the IND must keep records of foreign nationals. Another law is the Regulation (EU) 2019/1240 of the European Parliament and the European Council of 20 June 2019.

Exchanged of data with other organisations in the Netherlands and abroad

The IND must also be able to share personal data with law enforcement authorities, foreign authorities and within networks of immigration liaison officers. The IND only does this if those personal details are necessary for the following purposes:

• implementation of the Aliens Act,
• prevention and tackling of irregular migration, or
• prevention, investigation, detection and prosecution of migrant smuggling or human trafficking.

The AVG applies to such processing of personal data. This means that:

1. personal data must be deleted if they are no longer needed for the purpose for which they were collected or processed.
2. any exchange of personal data is limited to what is strictly necessary for the application of the Aliens Act and / or the Regulation.

Customers and employees trust that personal data are in good hands with the IND. Therefore, the IND protects personal data with suitable technical and organisational measures. 

The IND has introduced the Government Information Management Baseline (BIO) for the protection of data in the systems. The technical measures that the IND has introduced to protect personal data, are in accordance with the BIO. The IND actively implements the BIO.

The IND has taken extra measures to protect your data at all times. Technology and processes have been adjusted. The IND also teaches its employees what the risks there are and how they should deal with them. The IND ensures that the risks are reduced and audits the measures.

The Minister of Asylum and Migration (residence permits) and the Minister of Justice and Security has a duty of care (that is an administrative responsibility) to keep the archive of the IND in order and to ensure that there is access to the archive. It is stated in Article 3 of the 1995 Archive Act.

The Minister of Justice and Security has made selection lists. This is stated in Article 5 of the 1995 Archive Act. The selection lists state how long the IND must keep its archives and whether the IND may destroy an archive after a certain time.

The following selection lists are made for the IND:

1. Selelection list for the repercussions of the actions of Minister of Justice and actors involved in the field of admission of foreign aliens 1945-1993, 18 February 2002 R&B/OSA/2002/578  (Dutch Government Gazette no. 95, 23 May 2002)

2. Selection list for the repercussions of the actions of the Ministry of Justice in the field of Admission of Aliens from 1945, 20 November 2009, no. NA/09/3091 (Dutch Government Gazette no. 1754, 9 February 2010). 

   BSD Actualisatie Toelating Vreemdelingen stcrnt 09 02 2010.pdf (PDF, 556.2 KB)
3. Determination of the selection list in the field of Nationalities for the period from 1945, 17 March 2003, no. C/S/03/705 (Dutch Government Gazette no. 86, 6 May 2003)​​​​​​. ​BSD Nationaliteiten 1945 - heden).

These selection lists are published in the Dutch Government Gazette.

All retention periods of the IND:

• AVG Bewaartermijnenlijst IND.pdf (PDF, 198.24 KB)

Basis for the retention periods:

• AVG Grondslagen bewaartermijnenlijst IND.pdf (PDF, 162.5 KB)

Retention periods

The archives of foreign nationals who remain for indefinite period are preserved forever.

From 1990, the archives of foreign nationals with a residence permit for a limited period are preserved for 15 years. The retention period starts on the departure date.

The archives of foreign nationals who acquire Dutch nationality are preserved forever. These archives are an important source of information for immigrants and their descendants about their arrival in the Netherlands.

These retention periods have been determined after advice from the Dutch Council for Culture. The selection list has been formally determined by the Minister of Education, Culture and Science and the Minister of Justice.

Managing director of the IND gives shape to the archive policy form

The managing director of the IND determines the archive policy on behalf of the Minister of Justice. This is stated in Article 14 of the Archive Decree and Article 3 under 5 of the Justice and Safety archive management rules. When drawing up a selection list, the managing director must involve the State archivist and an external expert. The final retention period is determined by considering a number of interests. Privacy is one of these interests.

Retrieval of file document from the period before 1986

The entire archive of the IND and its predecessors over the period from the end of the 19th century to 1986 was transferred to the National Archive (NA). Documents from this period can be requested by submitting a request via this contact form. A file number must be stated in this request.

Right to inspect

It is the right to view your personal data at the IND. Your family members may only view your file if you have given them written permission (authorisation). Parents and legal representatives may view the file of their children under the age of 16. Persons who are 16 years or older, decide about inspection (permission hereto) personally. The IND may (partially) refuse inspection of your own file if your inspection damages the privacy of someone else. Surviving relatives are not entitled to inspect the file of someone who has died.

Right to rectify

Do you think that your personal data are no longer correct or complete? Then you can ask the IND in writing to adjust the data. If we do not change the data, we will clearly explain why we don't.

Right to delete

You can ask the IND to delete (part of) your data from the file. If we do not delete the data, we will clearly explain why we don't.

The IND is an implementation organisation of the Ministry of Asylum and Migration (residence permits) and the Ministry of Justice and Security (becoming a Dutch citizen). The Minister of Asylum and Migration and the State Secretary for Justice and Security are responsible for the work of the IND. The Data Protection Officer of the Ministry of Justice and Security checks whether the IND applies and complies with the General Data Protection Regulation (AVG). This official is formally the point of contact for processing of personal data within the ministry.

Contact details of the Data Protection Officer