Citizens’ Coalition ‘AIVD court of carte blanche for data collection’

Feb

9

2016

The Citizens Coalition Against Plasterk presented the registered appeal to the court in The Hague in the case of the exchange of data between secret services. The coalition filed a Statement of Grievances for here.

On July 23, 2014 reported Tweakers a ruling by the court in The Hague in a case between a coalition of organizations and individuals who had sued the state. Prosecutors wanted the Dutch state would stop the use of private data collected contrary to Dutch law. It was about information that, among other things by the US secret service NSA to the Dutch intelligence be passed. The court ruled that the state did not stop with that.

The verdict was that the intelligence agencies to “urgently necessary” to cooperate with foreign services, although it may lead to the secret services gather information and possibly use that has not been collected in line with Dutch law. Thus the court has the Dutch AIVD and DISS according to Privacy First a carte blanche to collect large amounts of data from Dutch citizens without any legal protection from foreign intelligence services’ under ‘national security’.

The coalition then went on appeal, which the coalition do they know she’s not out to stop cooperation with foreign services. The coalition believes that by working together and receiving data ‘strict safeguards to be observed. ” If not, can the information in ways that are contrary to Dutch law, however, come into possession of the Dutch service. The coalition calls this bypassing the Wiv a U-turn construction.

Before a hearing will take place and a judgment can be made ​​on appeal, the Dutch state must first answer a Statement of Defence.

The coalition writes that she recently admitted in proceedings brought by the British organization for the Big Brother of Human Rights Watch to the European Court of Justice against the United Kingdom. The case before the ECHR may be important for the Dutch case.

The judgment of the Court of Justice of the European Union, October 6, 2015 in the case Schrems was groundbreaking on the data exchange with the United States because the US do not offer “adequate protection” because of the actions of the NSA. Thus the European Court US achte no secure data port within the so-called Safe Harbor principles. The revelations of Edward Snowden were then rise to that procedure.

The ruling in Schrems makes clear that information with the Americans with guarantees must be given, it would be permissible, writes the coalition in its complaints.

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