INTERNET SERVICE PROVIDERS AND CONFIDENTIALITY UNDER THE LAWS OF THE NETHERLANDS ANTILLES
Is an ISP under an obligation to reveal customer information when the customer misuses the internet?
Internet service providers in general shall preserve the confidentiality of the proprietary information and communications of their customers and prohibit the improper access to or use of such information and communications. However, it goes without saying that an ISP must comply at all times with applicable legislation.
Under Netherlands Antilles law, an internet service provider in principle is not liable for the contents of commercial communication or other information dispatched or stored through its intermediary by electronic means. But this being said, if one of his customers misuses the internet for spreading harmful information, the question is whether the ISP is under an obligation to reveal the customers identity and contact information.
The Supreme Court of the Netherlands recently ruled that an internet service provider is under the obligation to reveal its customers identity and contact information to a third party, if it is likely that the information put on the internet by the customer may harm such third party. Although this ruling is ultimately based on an interpretation of European law, which as such is not applicable in the Netherlands Antilles, I would not be surprised if a Supreme Courts ruling regarding the laws of the Netherlands Antilles would be identical.
It should be mentioned that an ISP under the laws of the Netherlands Antilles is under the obligation to remove information or make access to it impossible, as soon as it has been ordered to remove the information or access to it has been prohibited by or on behalf of the Minister of Economic Affairs of the Netherlands Antilles, as well as when it has to be clear to the ISP that this information is unlawful or concerns illegal activities.
Karel Frielink
Attorney (Lawyer) / Partner
