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US access to Dutch DigiD data raises red flags

A potential takeover of Dutch cloud company Solvinity by US company Kyndryl could give the US government access to Dutch citizens’ DigiD data. Reijer Passchier warns on BNR News Radio of the serious risks to our digital sovereignty and data security.

The Dutch government uses American Microsoft for its digital infrastructure, so the US already has access to our data. Research by investigative journalism platform Follow the Money now shows that Kyndryl is interested in acquiring Solvinity, a Dutch company specialising in secure cloud solutions. As a result, the personal data of DigiD users in the Netherlands could fall into the hands of the US. 'This is a worrying example,' says Reijer Passchier, Associate Professor of Constitutional and Administrative Law in Leiden, and Professor of Digitisation and the Democratic Rule of Law at the Open University. 'At the time, we chose Solvinity because it seemed like a reliable European alternative. But because shares are freely tradable, the risk remains that such companies will be taken over,' in this case by the American Kyndryl.

Passchier adds: 'the Netherlands has been far too naive in its transition to the cloud. We need to reduce our dependence on American tech giants.' In a worst-case scenario, the US could cut off essential services. That would have far-reaching consequences for our society. He refers to a 2019 report by the Netherlands Scientific Council for Government policy, Digital Disruption, which already warned about our vulnerable dependency. 'If we don't think strategically about this, the survival of our democratic rule of law will be jeopardised’, Passchier warns.

Passchier calls for governments and European companies to work together according to the steward-ownership principle. In this model, the control of a company is disconnected from its economic interest, so that the social mission is central and not shareholder profit. This would ensure that essential digital infrastructure remains in European hands.

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Listen to the item on BNR Radio (in Dutch)

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