Central Bank on Privacy Act

The Central Bank of Curaçao and Sint Maarten ( the Bank) has taken note of in the media published message that relates to one of its employees . A morning paper has while not even hesitated for a written statement containing private information , which Bank for pension purposes on employee concerned had issued integral to publish . The Bank considers it highly objectionable that the Privacy Act recently entered into force on such is flagrantly violated.

 

From the viewpoint of protecting the privacy of its employees , the Bank refrains usually giving comments on such reports . The present message is , however, in content so incorrectly , that the Bank feels compelled some things straight. The message means namely that the President of the Bank , concerned employee illegally employed the Bank would have taken . That illegality would consist in the annual salary of involved employee the amount of NAF . 250.000 , – exceeds , while the Board of Directors ( Board ) pursuant to Article 27 paragraph 2 of the preamble and Central Bank Statute a legal act a level above the NAF . 250.000 , – only with prior approval of the Board of Board (SB) may carry the approval in this case was missing . The Bank would like to strongly suggest that – unlike in the media claimed – any action there is in conflict with the law in any way . Article 27 paragraph 2 of the preamble and Central Bank Statute provides that ‘ in so many words that the Board ‘s prior approval of the Supervisory Board requires to carry out legal acts , " not including the implementation of approved annually by the Board budget " , provided this for the Bank financial significance is greater than NAF . 250.000 , – once or every year and / or allowing the Bank for more than five years is connected . Well : employee concerned has been employed by December 1, 2010 , and approved 2010 budget was provided his recruitment . The recruitment of employee involved therefore fit within the implementation of the budget approved by the Supervisory Board within the meaning of that statutory provision, so that prior approval of the Supervisory Board was not previously required. Needless to , the following should be noted . Even if the recruitment of relevant employee would not feature in the 2010 budget – which have prior approval would have been required of the Supervisory Board – , it would have been if the President asking the recruitment of employee involved in conflict with the Central Bank Statute would have acted . With the disappearance of the former Bank of the Netherlands Antilles by 10/10/10 After all, were all former commissioners resigned , and the countries Curaçao and Sint Maarten had – unlike the transitional provision of Article 45 paragraph 2 of the Central Bank Statute was prescribed – in time for the new commissioners Central Bank of Curaçao and Sint Martin appointed . At the time of recruitment of employee involved – and also some time afterwards – there was therefore simply no Supervisory Board who prior approval could be asked , and that circumstance was of course the normal functioning of the Bank not prevent . Central Bank of Curaçao and Sint Maarten

October 10, 2013