Netherlands intelligence and surveillance legislation

The Dutch cabinet has approved a legislative proposal to expand the powers of the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD). Under the proposed National Security Protection Act, these services would gain the ability to conduct hacking operations and surveillance more rapidly, potentially without seeking individual prior authorization for every specific request against designated adversaries. The government maintains these changes are necessary to counter threats from nations such as Russia, China, and Iran.

Following the proposal, oversight bodies including the Commission for Oversight of Intelligence and Security Services (CTIVD) and the Review Committee on the Use of Powers (TIB) have criticized the bill, stating it is ‘not in balance’. These critics argue that increased powers must be accompanied by strengthened protections and oversight, specifically citing concerns regarding bulk data processing and the use of artificial intelligence.

Additionally, the Council of State has warned that related proposals regarding public order data collection, which would allow police to use automated methods to identify potential disturbances, could constitute a ‘substantial infringement’ on privacy.