For the Cabinet, the interests of security and privacy go hand in hand. There can, may and will be no question of the arbitrary and massive collection of data from citizens. The new Intelligence and Security Services Act (Wiv 2017) already provides the necessary safeguards to this end, but the Cabinet will monitor even more closely in a number of specific areas to ensure that the right balance between security and privacy is safeguarded. This balance guarantees the privacy of citizens while providing the intelligence and security services with the necessary resources to ensure security and the defense of our democratic constitutional state. On the proposal of Minister Ollongren of the Interior and Kingdom Relations and Minister Bijleveld of Defense, the Council of Ministers has agreed to send a letter to the House of Representatives about this.
Trusted partners
Because threats to security are often international, an international approach is also necessary. But that does not mean that information from the AIVD and MIVD can simply be exchanged with foreign intelligence and security services. The Wiv 2017 sets several criteria that must be weighed before the AIVD may cooperate with a service, such as parliamentary control in a country, the human rights situation and the level of data protection. Based on these considerations, it is determined how much information can be shared. The ministers of the Interior and Kingdom Relations and Defense will accelerate the drafting of so-called weighting memoranda for those partners with whom there is intensive cooperation. This will allow regulator CTIVD to immediately conduct a substantial review of this international cooperation when the Wiv 2017 enters into force.
Evaluation after two years
The evaluation of the Wiv 2017 will be brought forward by an independent commission after two years. If the evaluation shows that additional safeguards need to be included in the law, the cabinet will submit proposals for this. The committee will consist of experts in privacy, security and technology. They will have access to all data, including state secrets, and their report will be public.
Retention period
For the first time, the Wiv 2017 regulates a general retention period for information collected by the services. First, of the data actually intercepted, 98% is expected to be immediately removed and destroyed. The remaining information obtained from research into digital data flows may be retained for up to three years. All other data resulting from research is subject to a maximum retention period of one year. The Cabinet will ensure that when the Act comes into force, instruments are available that guarantee data protection, so that the CTIVD can immediately involve this in its supervisory duties.
Bringing up to date
To make the Netherlands as secure as possible, the AIVD and MIVD must be where the information is. In the 21st century, malicious people communicate with apps, mobile communication tools and via cloud services. And no longer through landlines. With only traditional intelligence methods such as tracking, observation and phone tapping, the intelligence and security services are missing information. The Wiv 2017 brings the services' powers up to date so they can do their job properly and not miss anything. This is to protect our national security, our digital security and our military on mission.
