Dutch oversight bodies criticize new intelligence and police surveillance proposals

Dutch oversight bodies and the Council of State have issued sharp criticisms regarding government proposals aimed at expanding the powers of intelligence and police services.

Regarding the intelligence services, the Commission for Oversight of Intelligence and Security Services (CTIVD) and the Review Committee on the Use of Powers (TIB) argue that a new bill granting the AIVD and MIVD broader data collection capabilities is ‘not in balance’. They contend that increased powers must be met with strengthened protection and oversight, which the current proposal fails to do. Specific concerns include the use of AI, bulk data processing, and the potential for the new oversight body to be underfunded and understaffed.

Separately, the Council of State has warned that a proposed law regarding public order data collection could constitute a ‘substantial infringement’ on privacy. The legislation would allow the police to use automated methods to collect online information to preemptively identify potential public order disturbances. Critics and advisory bodies suggest the government should address these privacy concerns before the proposal proceeds to the House of Representatives.