Forschung zur Verwendung von Polizeidaten bei der VOG-Überprüfung.

Sexual violence and sexual misconduct have far-reaching and long-lasting consequences for victims, especially when minors are involved. European laws and regulations, as well as international treaties such as the Istanbul Convention, oblige governments to take measures to combat sexual violence. The Netherlands has the responsibility to implement policies that protect vulnerable groups, such as minors, from sexual violence. One of the policy tools for this is the Certificate of Good Conduct for natural persons (hereinafter: VOG). The VOG aims to prevent individuals with a relevant criminal history from occupying positions where they may pose a risk to others. This instrument plays a role in safeguarding vulnerable individuals against risks such as sexual violence. In the current VOG screening process, police records are not routinely consulted and, if they are considered, they cannot be used as an independent reason for refusal. This means that a VOG cannot be declined based solely on police registrations; at most, they can complement judicial data. This is different for the 'VOG police information' introduced in 2022, where this data can indeed serve as an independent ground for refusal. The VOG P currently applies to a very limited number of positions. With a focus on protecting vulnerable individuals, the Ministry of Justice and Security seeks to understand the advantages and disadvantages of routinely involving police records in VOG screening. These data can contribute to better protection of vulnerable individuals by providing a more comprehensive picture of the applicant. They could also potentially serve as an independent reason for refusal. This concerns VOG screening for all positions involving a relationship of authority or dependency, or in locations where vulnerable individuals are present. The aim is to fully assess the pros and cons compared to the current approach. The use of police data raises various questions related to the rule of law, ethics, and privacy. Using police information without a judicial finding of guilt can lead to greater intrusion into the applicant's privacy and raises questions about the presumption of innocence. It also raises questions about the system in which police data is collected, processed, and stored. Considerations include retention periods, registration methods, particularly how documentation is done for sexual offenses, and how reports are handled. The goal of this research, conducted in collaboration with Leiden University, is to clarify the advantages and disadvantages for all parties involved - compared to the current approach - of routinely involving police data and using it as an independent ground for refusal in VOG screening for positions involving a relationship of authority or dependency, or in locations with vulnerable individuals.