ABSTRACT

This chapter discusses the implementation of Directive 95/46/EC in Dutch law. In order to achieve this, it is separated into two sections, the first contains an overview of the Dutch law in this area, and the second focuses on specific issues related to data protection and, frequently, specifically medical research. In the Netherlands, data protection is covered by the Personal Data Protection Act (Wet bescherming persoonsgegevens) or WBP, which was adopted by the Dutch Parliament on 3 July 2000. All data that can provide information about an identifiable natural person are personal data within the meaning of the WBP. The conditions laid down in Article 7 of the Directive are contained in Article 8 of the WBP, and seem to be treated as open alternatives, as there is use of the word 'or', at least at the end of the Article. There is provision in the WBP for personal data concerning inherited characteristics, but not directly for DNA samples.