Posted on: september 18, 2017
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The court ruled, among other things from the current Amsterdam prostitution policies, that window brothel operators no longer need to take do intake interviews with their candidate tenants to test whether they are doing the work voluntarily. Since 2013, operators were obliged to conduct such conversations, but according to the judge, they did not contribute to improving the position of the sex workers.
The Dutch judge ruled that that window brothel operators can not be responsible for checking if sex workers clean their sex toys with the right disinfectants. According to the court, they can’t do more than inform and facilitate the sex workers.
The fact that operators have to keep the copies of signed intake forms, and be able to present them during inspections, is in violation of the Personal Data Protection Act, which is National legislation. In other Dutch municipalities, including The Hague, this type of data was registered at the municipality level. But on Tuesday, the Authority on personal information announced that the municipality has no right to do so.
The intake interviews were mandated by the municipality in 2013, allowing operators to become aware of signals that indicate exploitation and possible human trafficking. However, according to the court, this goal is not achieved because operators are not trained in recognising these signals.
Amsterdam continues to believe that the window brothel operators have a responsibility in preventing wrongs in their companies and fears that the new ruling has far-reaching consequences for the implementation of Amsterdam prostitution policies. The municipality has requested an accelerated appeal. In the interim period, the operator’s duty of care remains valid. The operators have been informed about this by letter.