Artikel 13: Confidentiality of correspondence
- Everyone shall have the right to respect for the privacy of his correspondence and telecommunications.
- This right may be restricted in the cases laid down by Act of Parliament with the authorisation of the courts or, in the interests of state security, by or with the authorisation of those designated for the purpose by Act of Parliament.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
This article protects the confidentiality of correspondence and telecommunications. Telecommunications means transmitting information over a distance, regardless of the means used. It covers existing mobile and other telephone services, email and internet platforms, as well as future technologies.
Public interests may justify restrictions, such as preventing, investigating and prosecuting offences or protecting national security. The law determines when the confidentiality of correspondence or telecommunications may be breached, allowing letters to be opened or telephone calls and internet traffic to be intercepted.
Criminal investigators and intelligence and security services may then access the content of communications. This requires authorisation from a judge or a person designated by law.