Reporting an irregularity (integrity violation or wrongdoing)

Below, you will find an overview of the personal data that we may process, including the associated purposes and legal bases.

 
Processing
Registration of reports
Description/purposes
  • Registering reports of (suspected) irregularities (integrity violations and abuses) received via the internal or external BNG reporting channels by persons who report a suspicion of an irregularity in the context of their work-related activities.
 
Categories of personal data
  • First and last name of the reporter (*)
  • Contact details of the reporter (*)
  • Description of the alleged integrity violation or wrongdoing
  • Name, job title, contact details of persons involved in the report
  • Date and signature of the report
  • Audio recording of the report
  • Written transcript of the conversation in which the report is made
  (*) Unless the report was submitted anonymously
Special category personal data and criminal offence data
Special category or criminal data is not processed intentionally. However, it may occur that a reporter or other individual voluntarily provides information from which special categories of data or criminal data can be inferred (e.g. concerning alleged criminal offences).
Basis
For reports of wrongdoing:
  • Compliance with a legal obligation (Article 6 (1)(c) GDPR and Article 9 (2)(b) GDPR) – Article 2a Dutch Whistleblower Protection Act (Wet bescherming klokkenluiders)
For reports regarding integrity violations:
  • Legitimate interest (Article 6 (1)(f) GDPR) – investigating conduct that (may) pose a serious threat to the integrity of BNG’s business operations
  • For the unintentional processing of special category personal data: Article 9 (2)(e) GDPR (personal data has been manifestly made public by the data subject.
Processing
Investigation following a report
Description/purposes
  • Investigating relevant facts and circumstances to assess whether an irregularity has occurred (‘preliminary investigation’).
  • Conducting a further, more detailed investigation into the irregularity.
Categories of personal data
  • Names and contact details of persons and officers involved in the investigation (‘investigators’)
  • Interview notes and summaries of conversations
  • Research into the use of means of telecommunication (e.g. email, internet, telephony)
  • Observations
  • Information from publicly available sources
  • Investigation results (whether an irregularity has occurred; if so, in what context it took place, who was involved, and in what capacity)
  • Depending on the nature of the report, investigation results may contain all kinds of personal data.
 
Special category personal data and criminal offence data
  • Investigation results and the investigation report may contain all sorts of special category personal data, depending on the nature of the report.
  • Where, during the investigation, there is a suspicion that a criminal offence has been committed, a report may be filed with the police, an investigative authority or the Public Prosecutor’s Office.
  • In such cases, the processing of personal data relating to criminal convictions and offences may occur.
Basis
Legitimate interest (Article 6 (1)(f) GDPR) – investigating conduct that (may) pose a serious threat to the integrity of BNG’s business operations.
Processing
Contact with the reporter and/or the (legal)adviser or confidential adviser assisting the reporter
Description/purposes
  • Maintaining contact with the reporter and/or the reporter’s (legal) adviser or confidential counsellor supporting the reporter
Categories of personal data
  • Name and contact details of the reporter and/or the (legal) adviser or confidential adviser supporting the reporter - Acknowledgement of receipt of the report - Interview notes and summaries of discussions held with the reporter, their (legal) adviser and/or confidential counsellor
  • Status updates
  • Investigation report
Special category personal data and criminal offence data
  • Investigation results and the investigation report may – depending on the nature of the report – contain various types of special categories of personal data. 
  • Where, during the investigation, there is a suspicion that a criminal offence has been committed, a report may be filed with the police, an investigative authority or the Public Prosecutor’s Office.
  • In such cases, the processing of personal data relating to criminal convictions and offences may occur.
Basis
Legitimate interest (Article 6 (1)(f) GDPR) – investigating conduct that (may) pose a serious threat to the integrity of BNG’s business operations. 
Processing
Contact with the person to whom an irregularity is attributed (subject of the investigation)
Description/purposes
  • Maintaining contact with the person to whom an irregularity is attributed
Categories of personal data
  • Name and contact details
  • Interview notes and summaries of discussions with the individual concerned
  • Investigation report
Special category personal data and criminal offence data
  • Investigation results and the investigation report may – depending on the nature of the report – contain various types of special categories of personal data.
  • Where, during the investigation, there is a suspicion that a criminal offence has been committed, a report may be filed with the police, an investigative authority or the Public Prosecutor’s Office.
  • In such cases, the processing of personal data relating to criminal convictions and offences may occur.
Basis
Legitimate interest (Article 6 (1)(f) GDPR) – investigating conduct that (may) pose a serious threat to the integrity of BNG’s business operations. 
Processing
Contact with witnesses and other persons involved in an investigation
Description/purposes
  • Maintaining contact with witnesses and other persons involved in an investigation
Categories of personal data
  • Name and contact details
  • Interview notes and summaries of discussions with the witness or person concerned
Special category personal data and criminal offence data
Not applicable
Basis
Legitimate interest (Article 6 (1)(f) GDPR) – investigating conduct that (may) pose a serious threat to the integrity of BNG’s business operations