Rapport Commissie Brouwer: 'Gewoon doen' - Ngfg

5. Ensure information and facilitation;
6. Ensure compliance and internal supervision.
With the principles and assistance proposed, the Commission recommends doing nothing
more or less than what should have been done already: helping professionals in a simple way
to build the necessary care in handling personal data into their daily work, and provide the
necessary incentives to guarantee that.
Robust external supervision and enforcement
In order to lend weight to these principles and assistance, it is necessary that an independent
external supervisor should be appointed. The supervisor must have a free hand, and have no
involvement in advice, facilitation or information. Based on the major compliance risks and
in conjunction with the development of self-regulation, the supervisor should draw up a
programme for his work in a regular cycle. Whenever necessary, the supervisor should take
enforcement action using instruments such as penalties, administrative pressure, naming and
shaming and administrative fines.
Robust supervision means: subjecting the actual handling of personal information in the
workplace to supervision based on tightly-focused prioritisation. Looking at how the
collection and sharing of personal data happens in reality, and whether that is done in
accordance with the rules. That means: not settling for assessing whether the paper-based
reality of codes and regulations comply with legal obligations. It also entails: not just reacting
to signals, but also delving pro-actively into what actually happens based on his own
prioritisation, in order to contribute to the interaction between practice, rules and the interests
and values enshrined in those rules.
In the current situation, the Board on protection of personal data carries out its supervisory
tasks in addition to other tasks such as advising on legislation, validation of codes of conduct
and regulations, information, mediation, complaints handling and international tasks. This
situation is undesirable. The ability of external supervisors to do their job effectively and
credibly benefits from having a free hand, and not having to carry out tasks like giving advice,
information or facilitation.
THE BACKGROUND
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