Judge: section control system does not violate motorists’ privacy

The invasion of privacy by the A2 section control system is so limited that it is lawful under current law. That was determined by the subdistrict court in Utrecht on Tuesday. The case was brought by the Privacy First foundation.

In ruling that the section control system of the A2 is legally acceptable, the judge took into consideration that, in his view, there was a minor degree of infringement. He also pointed out that non-violators will be cleared of registration within 72 hours and drivers will be notified of the check via roadside signs.

The claim of privacy infringement was made by the president of the civil rights foundation Privacy First. He had been fined 45 euros for speeding on the A2. However, the Police Act provides sufficient legal basis for the use of the system and the requirements of Article 10 of the Constitution and Article 8 of the ECHR have also been met when deploying the control system. “Only in exceptional cases, specifically regulated by law, will the data be used for a purpose other than traffic enforcement,” said the subdistrict court judge.

Privacy First does not resign itself to this and lets know challenge it at the European Court of Human Rights in Strasbourg.