The Privacy Acts of Curaçao
The Privacy Acts require compliance with the following four principles with regards to personal data:
- OBJECTIVE: Any storage and use of personal data must be in accordance with a clearly stated and justified objective. Personal data may not be stored and used for time periods that exceed meeting those specified objectives.
- ADEQUATE, PURPOSE ORIENTED, NOT EXESSIVE AND ACCURATE: Personal data is subject to the above requirements which shall be observed by the suppliers and the processors of the data.
- TRANSPARENCY AND RIGHT TO CORRECTION: Personal data is subject to transparency towards the consumers (data subjects). Consumers must be informed that their personal data is used with disclosure of the purpose. The consumer has the right to, and must be given possibilities to, object to the way in which the data is collected if he/she is of the opinion that the collection and use of his/her personal data is not in accordance with applicable laws. (article 13 EVRM). The expenses involved for the consumer to have is objections heard shall not be excessive, and he/she must be able to direct him/herself to the Data Protection Board (College Bescherming Persoonsgegevens).
- DUE CARE: Personal data shall be supplied, processed and used in accordance with the laws and shall at all time be subject to principles of fairness and due care (article 6 LvBP/ WBP BES).
Curaçao's Privacy Act
Personal Data Protection Act of Curaçao
On October 1st, 2013 the regulation for the processing of personal data entered into force in Curaçao. The Personal Data Protection Act (PDPA) sets rules for the protection of personal data in relation to the recording and provision of personal data.
Whereas Privacy Acts are currently becoming part of the local laws in Curaçao and the BES Islands (Bonaire, Sint Eustatius en Saba), and are largely based on the principles in the laws of the Netherlands, such laws have already been adopted in the Netherlands many years ago and generally follow the principles established in the EU Privacy Directive of 1995 (Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data).
Personal data encompasses all information that (could) disclose information directly tied to a natural person (“consumer”, or “data subject”). Such as the person’s characteristics, opinions or (payment) behavior. To evaluate whether data is “Personal Data”, the extent to which such data could be a factor in the way the person would be judged or treated in the community must be considered. Because the data that is stored by private communication company, such as TrustCor, could cause certain judgments about the consumer, we must adhere to the local Privacy Acts while storing and processing personal data.
In accordance with the Privacy Acts, the confidentiality and specified and limited distribution of the personal data must be ensured.
The local Privacy Acts in Curaçao and the BES islands form the legal framework in which TrustCor operates. The Privacy Acts stipulate the boundaries within which the personal data which are submitted by the members are allowed to be stored, processed and shared. In addition, as part of the registration process, security protocols, the general terms and conditions and the credit application procedures, as well as requirements of the local banking laws (for the bank members) must be complied with.
Privacy in Curaçao
Article 12 of the constitution of Curaçao (Staatsregeling van het Land Curaçao, A.B. 2010, 86) describes the right of each individual that his/her privacy is to be respected. This principle is addressed in the Privacy Act of Curaçao (Landsverordening bescherming persoonsgegevens (AB 2010, 84). This Privacy Act is substantially the same as the Privacy Act of Bonaire and the Privacy Act of the Netherlands with the exception of certain articles that relate specifically to Europe have been omitted. The Privacy Act of Curaçao entered into force on October 1, 2013.
Curaçao, Netherlands Antilles
Curaçao is an island in the southern Caribbean Sea, off the Venezuelan coast, that forms part of the Dutch Caribbean. The Country of Curaçao, which includes the main island and the small, uninhabited island of Klein Curaçao ("Little Curaçao"), is a constituent country of the Kingdom of the Netherlands. It has a population of over 150,000 on an area of 444 km2 (171 sq mi) and its capital is Willemstad. Prior to 10 October 2010, when the Netherlands Antilles was dissolved, Curaçao was administered as the Island Territory of Curaçao, one of five island territories of the former Netherlands Antilles.
Curaçao, as well as the rest of the ABC islands and also Trinidad and Tobago, lies on the continental shelf of South America, and is thus geologically considered to lie entirely in South America. Curaçao's highest point is the Sint Christoffelberg 375 m (1,230 ft). The Netherlands Antilles, also referred to as the Dutch Antilles, was an autonomous Caribbean country within the Kingdom of the Netherlands. Although the country has been dissolved, all of its constituent islands remain part of the kingdom under a different legal status and the term is still used to refer these Dutch Caribbean islands.
Dissollution of Netherlands Antilles
The Netherlands Antilles was dissolved on 10 October 2010. Curaçao and Sint Maarten became distinct constituent countries alongside Aruba, which had become a distinct constituent country in 1986; whereas Bonaire, Sint Eustatius, and Saba became special municipalities within the Netherlands proper. The government of Curaçao takes place in a framework of a parliamentary representative democratic country. The Prime Minister is the head of government. Executive power is exercised by the government. Legislative power is vested in both the government and parliament. The judiciary is independent of the executive and the legislature. Convicted felons are held at the Curaçao Centre for Detention and Correction prison. Curaçao has full autonomy on most matters, with the exceptions summed up in the Charter for the Kingdom of the Netherlands under the title "Kingdom affairs\u201d.
Cooperative Security Location
Curaçao is a Cooperative Security Location (CSL), a U.S. military term for facilities used for regional training in counterterrorism and interdiction of drug trafficking, and also to provide contingency access to continental areas. "A CSL is a host-nation facility with little or no permanent U.S. personnel presence, which may contain pre-positioned equipment and/or logistical arrangements and serve both for security cooperation activities and contingency access." These sites were established as the Pentagon began to address regional threats primarily in Africa and Latin America following its 2004 global posture review. They are sometimes referred to as "lily pads." The establishment of such bases has accelerated under the Obama administration, especially with the pivot to the Asia Pacific region and increased operations in Africa.
Curaçao has an open economy, with tourism, international trade, shipping services, refining, storage (oil and bunkering) and international financial services being the most important sectors. Curaçao's economy is well developed and supports a high standard of living, ranking 46th in the world in terms of GDP (PPP) per capita and 27th in the world in terms of nominal GDP per capita. Curaçao possesses a high income economy, as defined by the World Bank. Activities related to the port of Willemstad (like the Free Trade Zone) make a significant contribution to the economy. To achieve the government's aim to make its economy more diverse, efforts are being made to attract more foreign investment. This policy, called the 'Open Arms' policy, features a heavy focus on information technology companies.
Water and Electricity
Aqualectra, a private company, and full member of CARILEC, delivers potable water and electricity to the island. Rates are controlled by the government. Water is produced by reverse osmosis or desalinization. It services 69,000 households and companies using 130,000 water and electric meters. Hato International Airport is located on the island. Its main runway parallels, and is adjacent to, the northern coast. The Queen Emma (semi-open), and the Queen Juliana are the primary bridges. The Queen Emma pontoon bridge, 67 meters (220 ft) long, connects pedestrians between the Punda and Otrobanda districts. This swings open to allow the passage of ships to and from the port. The bridge was originally opened in 1888 and the current bridge was installed in 1939. The Queen Juliana Bridge connects mobile traffic between the same two districts. At 185 feet (56 m) above the sea, it is one of the highest bridges in the Caribbean.