The Toetsingscommissie Inzet Bevoegdheden (TIB) and the Commissie van Toezicht op de Inlichtingen- en Veiligheidsdiensten (CTIVD) sent a law unit letter to the ministers of the Interior and Kingdom Relations and of Defense on Nov. 28, 2024, regarding the so-called IMSI catcher. An IMSI catcher is a device that can mimic a base station in the GSM network - or telephone mast. The device "intervenes" as a transmitter mast, makes contact with all cell phones in the area and stores their technical and/or content data.
The device "intervenes" as a transmitter mast, makes contact with all cell phones in the vicinity and stores their technical and/or content data. In this law unit letter, the TIB and the CTIVD provide a joint interpretation of the Wiv 2017 regarding the correct legal basis for the use of an IMSI catcher by the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD).
Article 47(4) of the Wiv 2017 provides the only legal basis for the services to use an IMSI catcher. This means that it requires permission from the minister, which must be submitted to the TIB for an opinion on legality. The TIB and the CTIVD do not follow the position of both ministers and the services that Article 40 Wiv 2017 also provides a sufficient basis for the deployment of the IMSI catcher. In this letter, the TIB and the CTIVD explain why this is not the case.
A copy of the justice unit letter was sent to the Speaker of the House of Representatives, the Director General of the AIVD and the Director of the MIVD.
