News item | 01-09-2023 | 4:07 PM
Ministers Hanke Bruins Slot (Internal Affairs and Kingdom Relations) and Kajsa Ollongren (Defence) have sent the outline memorandum of amendment to the Wiv 2017 to the House of Representatives on behalf of the cabinet. This memorandum discusses the recommendations of the Evaluation Committee on the Intelligence and Security Services Act (ECW, from early 2021) in the areas of, among other things, the system of testing, supervision and complaint handling, the handling of bulk data, automated data analysis and the power to hack .
The main conclusion of the ECW was that the ISS Act 2017 has largely achieved what was intended, but falls short in parts. This conclusion and accompanying recommendations have been embraced by the government and have been included in the outlines of the legislative reform outlined in the outline memorandum. Due to urgency, the government has already decided to include some of the ECW’s recommendations in the Temporary Cyber Operations Act, which was sent to the House of Representatives in December 2022.
Minister Bruins Slot: “The services have an indispensable role in protecting national security and the democratic legal order. It is important that they can do their work effectively and lawfully on a good legal basis in order to protect the Netherlands. These proposals will do that.”
Minister Ollongren: “In view of the future threats, we must enable the AIVD and MIVD to do their job adequately. This requires a legal framework that does justice to today’s reality.”
In drawing up the outline memorandum, constructive coordination took place with both regulators, the Supervisory Committee of the Intelligence and Security Services (CTIVD) and the Assessment Committee for the Use of Powers (TIB), partly at the request of the House of Representatives. In addition, explicit attention was paid to the advantages and disadvantages of merging the CTIVD and the TIB.
Naturally, the outline memorandum also discusses the guarantees for the protection of the rights and interests of citizens. This takes into account the consequences of the recent jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union. With a view to the functioning and balance of the system in a broad sense, attention has also always been paid to the implementation consequences for the AIVD and the MIVD.
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