Supervisors on AIVD delivered on the working method of intelligence service

The Assessment Committee on Institutions of Powers (TIB) and the Commission
of supervision of the Intelligence and Security Services (CTIVD) are concerned about the working method of the General Intelligence and Security Service (AIVD). They announced this in a letter sent to Minister Judith Uitermark (Interior, NSC) in a letter. The AIVD does not always comply with the law in investigations into organized crime.

For example, the AIVD would, especially in longer -lasting investigations, unlawful as target Register. Several persons investigated – the supervisors do not write about who it is – would perform criminal activities that no longer clearly pose a serious threat to national security or democratic legal order. The regulators call “the AIVD to keep a close eye on these people nevertheless.

The TIB and the CTIVD also write that within investigations from the AIVD into criminal networks ‘great risks’ exist on ‘atmospheric mix’ between the areas of national security and investigation. The AIVD would use (special) powers several times to find out information about criminal organizations, while the police have the same information due to large -scale criminal investigation. In those cases, the AIVD should receive the information through the police and not investigate its own, the regulators write. Double investigations mean infringement on the fundamental rights of one targetsuch as the right to a fair trial.

Destroy data

Finally, the supervisors in the letter ask for attention to the acquisition and processing of confidential information from lawyers. The AIVD is said to have intercepted communication that falls under the protection of the right of non -disclosure, without the court of The Hague had given permission for this. The TIB and the CTIVD emphasize that the AIVD should destroy that data “immediately”.

Both supervisors hope that the points from the letter to the Ministry will be included in the revision of the Intelligence and Security Services Act (WIV 2017), also known as the ‘Sleep Act’. That law describes what the powers and responsibilities of the AIVD are and how supervision is arranged for this.

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