On February 5, 2025, the CBP BES ruled in a decision on appeal that the measure was justified but granted the OLB an adjusted recovery period until May 5, 2025, with a corresponding penalty of USD 15,000.
Based on the progress report from the OLB on May 5, 2025, and follow-up checks on May 14 and 15, 2025, the CBP BES established that the OLB had largely implemented the recovery measures. Workstations have been cleaned and secured, the follow-me print system has been implemented, archive rooms have been organized, and awareness of privacy has been structurally improved. Under the General Administrative Law Act, a penalty can be lifted if the violation has ended. Although the Administrative Justice Act BES does not provide for a similar provision, the Committee considers itself authorized to do so. The Committee sees the above as grounds for lifting the decision. The OLB no longer has to pay the penalty. The CBP BES appreciates the efforts of the OLB and sees clear progress in the physical protection of personal data.
Supervision, Prevention, and Follow-up
The CBP BES supervises compliance with privacy legislation in Bonaire, Sint Eustatius, and Saba. For this purpose, it can deploy various enforcement measures, including penalties and administrative enforcement. The goal is to encourage organizations to comply with their legal obligations and to protect personal data adequately.
The CBP BES will continue to conduct unannounced inspections to assess whether compliance with privacy rules is lasting. It emphasizes the importance of an active and structural approach to data protection, where not only technical and physical measures are important, but also the awareness and example set by leaders play a crucial role.