Aftapwet proposal goes to the House despite critical advisory Council of State

Oct

28

2016

The government said Friday the bill for the new law on the intelligence and security services sent to parliament. The Council of State advised not to submit the proposal, because the effectiveness of supervision is inadequate.

The Council of State writes in a press release that there are “serious doubts about the monitoring system” is. In his opinion describes the body oversight of the exercise of the powers defined by law ‘fragmented’ is. The system is based on a committee, the TIB, previously a key is the setting powers. Subsequently retrospective surveillance possible by CTIVD. The opinion of the Council of State is to delete the TIB and lay down all control, except for complaints at the CTIVD. This opinion is not included in the bill.

The Interior Minister, Ronald Plasterk, explained in a press conference that at present is still not clear who exactly TIB will land. He mentions only that the person with a legal background “will be in conjunction with a person ‘specific technical knowledge. On the advice of the Council of State, the Minister says that the allocation of the supervisory role of the only CTIVD same “as a butcher let accept his own flesh.” Therefore, the advice is not followed.

The bill to replace the current law on inlichten- and security forces in 2002 and provides for an extension of the powers of the services. For example, they may next wireless communication in the bill also intercept “Wired Information”. The innovation is the minister needed because communication via the Internet is evolving and there is a need for a technique independent law via cable.

Critics of the law specify the authority as a dragnet that unfocused intercepted the communication data of citizens. The minister in a press conference that “the term does not return trawl in the law” and that the gathering of information “should be part of the purpose of the security services.” The intercept on a large scale of information is possible under the law.

Daphne van der Kroft of civil rights organization Bits of Freedom informs to Tweakers: “Now it happened exactly what we feared, the bill creates a massive drain of innocent Dutch possible.” It would also need to “update” the law go up in certain areas, but the tapping has long been possible according to the organization. “If there be hung cameras in every room, then people behave differently,” Van der Kroft explains to illustrate the effects of mass surveillance.

Plasterk himself cited the example of the monitor of the telephone traffic between the Netherlands and Syria for a month. This is done in three phases, from data collection to processing and analysis. Each stage requires a separate authorization from the Minister. Examples of such scenarios had already been leaked .

The collected data can be kept for three years. This is another point on which the Council of State was critical. The institution itself argued for a shorter period. The Council is said to see the necessity of the new law and mentions that the proposal contains important safeguards. The bill provides , moreover, a system for sharing information with foreign services and strengthen the position of the CTIVD that can make binding decisions on citizens’ complaints.

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