Privacy-law differences hinder Kingdom security cooperation

WILLEMSTAD — The exchange of police and judicial information between Aruba, Curaçao, Sint Maarten and the Netherlands faces a fundamental obstacle: the four countries do not provide equivalent legal protection for personal data. This may restrict the sharing of essential information in the fight against organized and cross-border crime.

During the IPKO meeting in Aruba in February, parliamentary delegations agreed that each country should examine whether its laws provide adequate safeguards for sharing personal information securely. An inventory discussed in June confirmed that all four countries have privacy legislation, but their legal frameworks differ considerably.

The problem is particularly relevant to Aruba, Curaçao and Sint Maarten because information transferred from the European Netherlands is subject to strict safeguards. Dutch privacy authorities have previously questioned whether the Caribbean countries provide sufficiently equivalent protection and effective independent supervision.

At the Judicial Four-Country Consultation in Curaçao in September, the justice ministers recognized the need to improve the exchange of police and judicial information. They have not yet agreed on how to establish the necessary legal framework.

The Netherlands regards a consensus Kingdom Act as a possible solution, while the Caribbean countries have raised objections. Curaçao withdrew from privacy-law harmonization talks in 2024, arguing that data protection is not exclusively a Justice responsibility.

Without compatible safeguards, sensitive information concerning investigations, suspects and convicted persons cannot automatically be exchanged simply because the countries belong to the same Kingdom.

Parliamentarians from all four countries are now requesting a clear legislative timetable and measures to prevent important security or personal information from becoming temporarily inaccessible.

The central question is how four autonomous countries with different legal systems can exchange increasingly sensitive information while maintaining comparable privacy protection.