When the PSD2-me-not register was set up, criminal records were not discussed for a long time. Under the Wbp, these were special personal data. This is no longer the case under the AVG, but there is an tightened regime. As a result, they are very similar to special personal data. With little imagination, transaction data such as fines can be traced back to criminal records.
Fines are punishments in euros
When sanctioning these offences and misdemeanours, a judge can choose between imprisonment or a fine. Based on the amount of the fine alone, a lot can be deduced. Fines, for example, are not chosen arbitrarily. On the site of the Public Prosecution Service there are several infringements and related fines. A handy decision tree leads you to fixed penalty amounts.
Even when it comes to more serious offences and misdemeanours, fines provide a lot of information. From the site 'Extract of judicial documentation' from Justid, the judicial information service" can be inferred for which fines are handed out. They're not just speeding tickets. Fines can also be handed out for things like mischief, public drunkenness, taking out garbage too early, driving uninsured, driving without a license, causing danger on the road and many other offences. For a large number of offences you will also get a criminal record. In the Judicial and criminal records decision is listed which offences are in any case included in the judicial documentation (your criminal record).
Who cares: €28 to NL56 INGB 0705 0051 00?
A large part, if not all, of the fines are collected by the CJIB. What can be deduced from payments to the CJIB? Drawing conclusions is not only about conclusions that can be drawn directly from the data. It can also involve distractable or expected conclusions. May you regularly transfer €28,- is an easy conclusion that you regularly drive too fast within the built-up area. What consequences could you draw from this?
Even when not looking at the different amounts, transactions to the CJIB provide important information. The CJIB uses different account numbers for different transactions. It has this in a clearly arranged table displayed. This is reproduced below. It concerns 12 unique account numbers, an account number for multiple categories can be used. Remarkable is that two categories are about the health insurance (Premium health insurance defaulter and Penalty for not having a health insurance).
| You want to pay | Account number |
| Traffic fine (M) | NL56 INGB 0705 0051 00 |
| Penalty decision (O) | NL90 INGB 0705 0050 70 |
| Health insurance premium for non-payer (Z) | NL31 INGB 0705 0052 59 |
| Penalty for not having health insurance (Z) | NL84 INGB 0705 0051 78 |
| Compulsory health insurance premium (Z) | NL84 INGB 0705 0051 78 |
| Fine (S) | EN34 INGB 0705 0055 93 |
| Transaction proposal (T) | NL62 INGB 0705 0050 89 |
| Administrative fine (B) | NL59 INGB 0705 0052 40 |
| European fine (E) | NL59 INGB 0705 0051 43 |
| Compensation (W) | NL37 INGB 0705 0050 54 |
| Withdrawal measure (P) | NL40 INGB 0705 0050 97 |
| Claims transaction (T) | NL06 INGB 0705 0052 24 |
| Empty disallowance rent commission (H) | NL59 INGB 0705 0052 40 |
| Dwangsom | NL59 INGB 0705 0052 40 |
| Costs applied administrative coercion | NL59 INGB 0705 0052 40 |
| Announcement (R) | NL84 INGB 0705 0052 75 |
| Payment request (J) | NL84 INGB 0705 0052 75 |
No one needs to know about paying to the CJIB
A lot of information about a person can be obtained from transactions at the CJIB. You don't just transfer money to the CJIB. Both the Justice Department and the CJIB have worked out in a structured manner in which cases the CJIB must be paid and which account numbers must be used for this purpose. Criminal data may not be processed just like that, there is a strict regime in place. Under the PSD2 this strict regime may turn out to be a lot less strict. The processing of criminal personal data is prohibited and offense is punishablebut with the PSD2, this strict regime can be circumvented.
The AVG and the AVG Implementation Act provide scope for private parties to use criminal data. Article 33(2) of the AVG Implementation Act states that the criminal data may be processed by private parties when assessing whether to make a decision or provide a service, and in order to prevent criminal offences against this party. A clear example of how this data is used are the Black Lists. According to the AP: " The purpose of a blacklist is to warn organizations of certain persons. This allows organisations to assess whether they want to do business with those persons. For example, whether they want to let those persons into their shop or let them stay overnight in their hotel. A black list often contains criminal data or data about undesirable behaviour. “
AVG guarantees to bypass blacklist with PSD2
You can't just set up a blacklist. The AP offers a AVG manual blacklist protocol with blacklisting requirements. A blacklist should meet formal requirements, general information about the processing such as the need for the processing, information about the inclusion of data subjects in the blacklist, processing safeguards such as security and processing safeguards. The AP is strict: 'If your protocol does not meet these substantive requirements, the AP will give you a one-off opportunity to adjust the protocol. Does the protocol still not meet these requirements? Then the AP cannot grant a licence for your black list."
Persons shall be blacklisted in accordance with an established protocol. If a risk analysis based on transaction data is used, these guarantees will largely lapse. This will be reinforced when external agencies are used, which will put further pressure on the guarantees.
Long story short: CJIB is a Special Account Holder
What do we do with criminal records? Criminal records seem to be about actions in the physical world. Often, however, violations are punished with sanctions and fines of a financial nature. The CJIB plays a pivotal role in the collection of fines and sanctions involving financial transactions. A lot of information can be derived from transactions at the CJIB: of a criminal nature! This is why we regard the CJIB as a Special Account Holder and the relevant account numbers will have to be included in the PSD2-me-not register. This applies all the more because the account numbers of the CJIB are clearly recognizable and their purpose is described. This is different from the account numbers of other Special Account Holders who are distract.
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