The General and Military Intelligence Security Service (AIVD and MIVD) have used their special powers more often to secretly gather information.
In 2024, the Review Committee TIB received 4,445 requests from the Dutch intelligence agencies to use their special powers to collect information secretively. That’s an increase of more than 30% compared to the year before. In 2023, the number of requests increased by nearly 17%.
The special powers of the AIVD and MIVD include tapping phones, installing cameras and microphones in private rooms, raiding houses, hacking computers and routers, and tapping internet traffic.
The use of these special powers infringes on fundamental rights. However, sometimes it’s necessary to deploy these special powers to protect the Netherlands’ national security from terrorism, cyber threats, espionage, organized crime, and threats to its economy.
Before intelligence agencies are allowed to use their special powers, they must submit a request to the Review Committee, which then reviews whether the infringement is lawful or not.
According to the TIB’s 2024 year review, almost every request is granted: 96% of all cases are deemed lawful. In only 159 cases, the use of special powers was labeled as unlawful. This involves situations in which the extent of the violation of fundamental human rights is considered disproportionate.
The Review Committee argues that international tensions are to blame for the significant rise in the number of requests from intelligence agencies.
“Geopolitically speaking, much happened in 2024. For example, there was a war in Ukraine and the Middle East. In addition, the [intelligence] services have an ongoing focus on the growing threat from countries such as China and Russia. The TIB notes that the troubled situation in the world and the Netherlands has been reflected in the number and nature of requests that have been submitted to the TIB for assessment,” the Review Committee’s 2024 year review reads.
The TIB promises to continue monitoring the balance between protecting the Netherlands’ national security and proportionality of infringement of fundamental human rights.
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