Dutch representatives formally ask government re JW and abuse, JW and GDPR

[Jack Ryan]

A couple of members of Dutch parliament have asked the government some formal questions regarding JW and abuse, with a small sidestep to GDPR.

(translation is mine, and somewhat informal)

1 - Is it true that at least 5 victims of sexual violence within the JW community have made statements [or criminal complaints] to the police? If not, what isn't true about it? Do you have a current overview of the number of statements to the police?

2 - Do these statements offer any starting points for further investigation regarding the JW community? If so, in what phase is this investigation? If not, why not?

3 - Do you recognize that victims who have made statements to the police or consider doing so experience a lack of knowledge with the police about the organizational structure of the JW? If so, what will you do to make sure the police increases their knowledge? For example, do you think it would be good if victim statements to the police were combined? If not, why not?

4 - Are statements made by victims of sexual violence within JW to police in different regions collected in a national register? If not, why not?

5 - What will you do to ensure statements made to the police are handled accurately, with proper knowledge of the specific context, in a way that does justice to the possible larger issue than is shown by individual statements?

6 - Have you noticed any signals that JW invoke the right of non-disclosure [i.e clergy-penitent or lawyer-client]? If so, are you prepared to investigate which role the right of non-disclosure will play when the law on mandatory reporting is change to be more strict? Does the clergy-penitent privilege have such a reach that a complete religious institution can invoke this right?

7 - Are you aware that according to internal instructions (see BOE letter September 1st 2017) information about JW who are accused of child sexual abuse (confirmed or not) must be stored in an envelope on which the name of the person and the remark 'do not destroy' are written? Are you aware that this envelope must be stored in a confidential archive, and that this information is kept for persons who were excommunicated? If so, to what extent does this constitute the processing of personal data regarding criminal convictions and illegal acts as mentioned in article 10 of GDPR? Are JW allowed to process these data? If not, what actions will you take?

This in response to a discussion representatives of CDA, GL, SP en PvdA [political parties in the Dutch House of Representative] had with representatives of foundation Reclaimed Voice that represents victims of sexual abuse withing the JW organisation.

The government now has 3 weeks to come with a formal reply, which will likely be discussed in the House of Representatives or one of its committees.