KNB response to amendment of the Land Registry Decree against misuse of personal data

The Royal Netherlands Association of Civil-Law Enforcement (KNB) has responded to a proposed amendment to the Land Registry Decree aimed at preventing the misuse of personal data. This amendment expands the options for protecting personal data in the Land Registry's registers. The KNB has several reservations about this. For example, we believe the amendment does not sufficiently consider the notary's role as a gatekeeper.

The proposed amendment also means that searching by name in the Land Registry's registers will be limited to professional users who need it by virtue of their profession or position, such as civil-law notaries. The measures in the decree amending the Land Registry Decree are intended to prevent doxing. Doxing is the collection or sharing of personal data with the intent to intimidate that person. Doxing has been a criminal offense since January 1, 2024. The amendment to the Land Registry Decree also allows the Land Registry to shield private addresses upon request in the event of a specific or likely threat.

Legitimate interest
In response to the online consultation (pdf) , the Royal Netherlands Association of Civil-Law Notaries (KNB) has some reservations about the proposed amendment to the Land Registry Decree and the accompanying Explanatory Memorandum (NvT). According to the NvT, for example, when requesting protected personal data from the Land Registry, a civil-law notary should indicate the statutory task for which they are requesting this data. Aside from the fact that this conflicts with the civil-law notary's duty of confidentiality, the KNB argues that the civil-law notary has a legitimate interest in requesting this type of data.

Notary application process and gatekeeper role
In addition, the Royal Netherlands Association of Civil-Law Notaries (KNB) advocates for a separate application process for notaries to obtain protected personal data. It is essential that requests from notaries receive priority treatment. The KNB also believes that the NvT (Dutch Notary's Association) fails to take into account the notary's role as a gatekeeper. Notaries need access to their personal data to effectively fulfill their gatekeeper role and thus contribute to legal certainty and protection.

Joint response
The proposed amendment to the Land Registry Decree has also prompted a joint response (pdf) from the Royal Netherlands Bar Association (KNB), the Dutch Bar Association, and the Royal Dutch Association of Bailiffs. These three professional organizations advocate that the Land Registry should not restrict access to online name searches to organizations, but also grant access to individual professionals and their employees. The Notary ID, for example, would be a suitable means of identification for this purpose.