Ctivd finds ‘sleep law’ does sufficient justice to citizens and national security
The Supervisory Committee of the Intelligence and Security Services concludes that the new Wiv ‘adequately does justice’ to both the interests of national security and the legal protection of citizens.
The regulator comes to this conclusion in its so-called Final Balance Sheet of the new Intelligence and Security Services Act. The Ctivd now speaks of a ‘workable law’. In the past year, the regulator was critical of the new law, which is also known as the ‘drag law’ or ‘tapping law’. The Ctivd itself says it has repeatedly drawn attention to shortcomings in the bill and has made suggestions for improvement. According to the report, safeguards to protect civilians have been strengthened in the course of the parliamentary process.
The Ctivd recognizes that large-scale collection of personal data is taking place, but states that approximately 98 percent of the data is expected to be destroyed immediately, because it can be determined in advance that the data is not relevant. The remaining 2 percent of the data still has to be investigated and the services are only allowed to keep the data that can be related to the persons, organizations or companies they are researching.
The supervisor also points out that the government has promised in the coalition agreement that “the arbitrary and massive collection of personal data cannot and will not be” and that services must obtain permission from the minister for the collection and processing of data. The regulator states that the law offers ‘workable frameworks’ on which effective supervision can be exercised.
According to the regulator, tapping the cable in bulk is necessary for national security. That should remove ‘blind spots’ from the security services. In the report, the Ctivd calls the new Wiv ‘not perfect, but in balance’. By imperfect, the supervisor refers to the motions, explanations and commitments made by the government during the hearing, but not laid down in law.
According to the Ctivd, practice must show whether the balance between national security and the protection of civilians has actually been achieved and is being maintained. As soon as the law comes into effect, the supervisor promises to closely monitor the activities of the AIVD and the MIVD. ‘Extra capacity and expertise have been made available for this purpose’. The findings of the regulator will be made available through public reports.