The regulators of intelligence services AIVD and MIVD are vehemently against the announced amendment to the intelligence act that will limit their role. The cabinet announced Friday to adapt the Intelligence and Security Services Act following a critical report by an evaluation committee.
Chairman Mariëtte Moussault of the Review Committee Deployment of Powers (TIB) and Chairman Nico van Eijk of the Committee of Supervision of the Intelligence and Security Services (CTIVD) warn against an ‘erosion’ of their powers. CTIVD and TIB are afraid of losing their monitoring function with the changes, at the expense of the privacy of citizens.
The law, which came into effect in 2017, gives intelligence services AIVD and MIVD more investigation options. One of the most criticized powers is that of collecting so-called bulk data: large amounts of data, including data from people who are not part of the research. The committee that evaluated the law advised the cabinet to restrict the collection of bulk data more and to tighten up the rules regarding the exchange of data with other countries.
When collecting the bulk data, TIB decides which data is selected, which data is discarded, and whether it is shared with other countries. In 2020, the CTIVD concluded that the data of millions of citizens was kept for too long, in violation of the security law.
Chairman of TIB Moussault even says he will step down if these changes are implemented. “The moment I can’t do a normal proportionality test, I become a stamping machine. I’m not going to do that,” she says. NRC.
CTIVD chairman Van Eijk warns that the new measures will put the Netherlands in the European rearguard. “It is up to the legislator to determine whether the Netherlands is among the top or only meets the minimum European standards.”