The results of a security screening can lead to a negative decision. This means that the certificate of no objection (Verklaring van geen bezwaar, VGB) or clearance is refused or withdrawn.
A preliminary negative decision
If the Security Screening Unit (Unit Veiligheidsonderzoeken, UVO) makes a negative decision, it is initially a preliminary decision.
The person under consideration for or in a position involving confidentiality receives a letter with the intention of issuing the negative decision. The letter also states the reason for this decision. For example because the person under consideration for or in a position involving confidentiality and/or their partner:
- has a prior conviction;
- has (serious) financial problems;
- is or has been addicted.
Moreover, it could also be the case that the security screening has yielded insufficient data to make a properly informed decision. This then also leads to a negative decision.
Response
The person under consideration for or in a position involving confidentiality can respond to a preliminary negative decision.
Definitive decision
A preliminary negative decision is followed by a definitive decision. If the UVO received a response, it is included in the decision. This definitive decision can still be negative. This decision is also shared with the employer. In relation to the privacy of the person under consideration for a position involving confidentiality the UVO does not state the reason of this decision in the letter to the employer.
Objection
In a definitive decision both the person under consideration for or in a position involving confidentiality and the employer can submit an objection with an independent committee. The definitive decision explains this process. The committee can declare the objection to be unfounded or well-founded. In a well-founded objection this committee gives advice to the UVO which will take on this recommendation in coming to a new definitive decision. This decision can still be negative.
Appeal
If the objection is unfounded or a new negative decision is issued, both the person under consideration for or in a position involving confidentiality and the employer can file an appeal with the administrative judge. The negative decision explains this process.