On June 4, 2024, the Intelligence and Security Services Regulatory Commission (CTIVD) found that the Military Intelligence and Security Service (MIVD) failed to comply with notification requirements for a long period of time. As a result, citizens are not informed when the MIVD has used a particular special power, such as a targeted tap, against them. As a result, the MIVD does not provide insight into its activities and citizens are unable to expose alleged misuse of powers. The CTIVD has asked the MIVD to take action.
The MIVD is obliged to investigate whether the person against whom a particular special power has been used can be informed of it five years after it has ended. If the person concerned can be informed, a report is sent to that person. There are several exceptions in the Wiv 2017. If these apply, however, a report must be made to the CTIVD. The MIVD has not complied with these legal obligations for four years. This is unlawful.
The failure to notify deprives affected individuals of the opportunity to appeal or complain. This limits the fundamental right to submit disputes with the MIVD to an independent and impartial court or grievance organization.
The CTIVD also found the same illegality in supervision report 51 and recommended several improvements at the time. The CTIVD concluded that these improvements were not embedded in the organization.
The CTIVD expects the MIVD to resolve the identified illegality within a reasonable period of time and for the MIVD to gain control of the process. The CTIVD therefore requests that the MIVD take the following steps:
within two months, a written commitment as of what date the observed backlog of notification requirements has been cleared; and
provide an explanation within six months of how the MIVD will regain control of this process.
The CTIVD will monitor the implementation of these steps. The MIVD has indicated it will respond to the CTIVD's observations.
