Undersökning av användningen av polisuppgifter vid VOG-screening

Sexual violence and sexually abusive behavior 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, require governments to take measures to combat sexual violence. The Netherlands is responsible for implementing policies that protect vulnerable groups, such as minors, from sexual violence. One of the policy instruments for this purpose is the Certificate of Good Conduct for individuals (hereinafter: VOG). The VOG is intended to prevent individuals with a relevant criminal history from holding positions where they may pose a risk to others. This instrument plays a role in protecting vulnerable individuals from 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 ground for refusal. This means that a VOG cannot be denied based solely on police records, but they may only support criminal records. This differs for the 'VOG police data' introduced in 2022, where this data can indeed form an independent ground for refusal. The VOG P currently applies to a very limited number of positions. With a focus on the protection of vulnerable individuals, the Ministry of Justice and Security aims to understand the pros and cons of routinely involving police data in the VOG screening process. These data can contribute to better protection of vulnerable individuals by providing a more complete picture of the applicant. They could also potentially serve as an independent ground for refusal. This concerns the VOG screening for all positions involving a relationship of authority or dependency, or in locations where vulnerable individuals are present. The objective is to comprehensively assess the pros and cons compared to the current method. The use of police data raises various questions related to the rule of law, ethics, and privacy. The use of police data without a judicial finding of guilt can result in a greater intrusion on the privacy of the applicant 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 and methods of registration, especially how documentation is handled for sexual offenses and reported incidents. The purpose of this research, conducted in collaboration with Leiden University, is to provide insight into the pros and cons for all involved parties - in comparison to the current method - of routinely including police data and using it as an independent ground for refusal in VOG screening for positions involving relationships of authority or dependency, or in locations where vulnerable individuals are present.