Phones and laptops of asylum seekers entering the Netherlands may not be examined until there is a sound legal basis for this. Consent from the asylum seekers themselves is not sufficient, the Justice and Security Inspectorate concludes after an investigation.
The Asylum Seeker Identification and Screening Service (DISA) examines asylum seekers’ phones and laptops to identify them. They also pick up possible risk signals, such as photos of extreme violence or weapons.
After several rulings by the Council of State, it turned out that there was no legal basis for this investigation and it was decided to ask asylum seekers for permission to search their phones.
But that permission is not enough, the inspectorate concludes. “An asylum seeker is dependent on the government. In his opinion, not handing over the telephone may possibly damage his asylum procedure. Asking for permission in these types of cases is usually not appropriate in the relationship between citizens and the government and is therefore problematic.”
Legal position weak
According to the inspectorate, Minister Bart van den Brink of Asylum and Migration must quickly provide a legal basis, otherwise the legal position of asylum seekers will not be sufficiently guaranteed.
The inspectorate also expresses concerns about national security. “DISA can collect security signals such as photos of weapons possession via the telephone or other data carriers such as a laptop. These can be important for national security. If this information is obtained without a sound legal basis, it can be difficult to prosecute someone for this.”
The Immigration and Naturalization Service (IND) will take over the duties of the DISA on June 12 and, according to the inspectorate, has already indicated that it will not investigate asylum seekers’ telephones without a legal basis.
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