Buyback Protection Act

Municipality of The Hague

Based on decision rules, a list of houses in the municipality of The Hague that have been sold after 1 March 2022 and fall under the temporary regulation on buyback protection, chapter 7 Housing Act, known as the Buyback Protection Act.

Last change on 30th of April 2024, at 14:36 (CET) | Publication Standard 1.0

• Publication category: Impactful algorithms
• Impact assessment: DPIA
• Status: In use

General information

Theme

Living

Begin date

2023

Contact information

[e-mail]

Responsible use

Goal and impact

Purpose: Since the Buy-Up Protection Act came into force, buyers of residential properties have to live in the property they bought themselves if they do not have a permit to rent it out. The Hague Pawn Brigade uses the algorithm to help enforcers select and prioritise properties for enforcement of the Buy-Up Protection Act.

Impact: Smart deployment of the algorithm avoids unnecessary checks. After manually checking the data by an inspector, an inspection can be carried out.

Considerations

This is the most efficient way to proactively select addresses for enforcement of the Buyback Protection Act. The other alternative, manual selection, is very costly and time-consuming, and also involves more frequent unnecessary physical (privacy-invasive) checks of properties for possible violations.

Human intervention

All outcomes are first examined by humans.

Risk management

There is no risk of people being wrongly identified as trespassers because the outcome of the algorithm is first checked manually by an employee consulting the basic registrations. The matching of owner and occupant based on date of birth without name gives a theoretical risk that an address where there is a violation is not selected for inspection.

Legal basis

Housing Act: https://zoek.officielebekendmakingen.nl/stb-2021-425.html

Hague Housing Ordinance 2023: https://lokaleregelgeving.overheid.nl/CVDR698067/

Elaboration on impact assessments

A DPIA has been carried out. The DPIA shows that this processing has an acceptable risk to data subjects.

An IAMA has been carried out. Human rights have been reviewed. This has resulted in a number of additional control measures.

Impact assessment

Data Protection Impact Assessment (DPIA)

Operations

Data

WOZ, Kadaster, BAG, BRP, permit system (case system)

Technical design

Filtering:

Properties sold after 1 March 2022 are selected based on purpose of use (BAG), WOZ, BRK, BRP etc. Filters are applied to this data to arrive at a selection of houses that are eligible for further administrative investigation for violating the Buyback Protection Act. An employee of the Hague Pandbrigade then manually checks in the basic registrations whether the outcome of the algorithm is correct. Based on this manual check, a decision is made whether or not to inspect the property.