Proposed Amendments to the revised "Wiretap" law

These amendments were proposed in relation to the modernized law on intelligence and security services.

Rejected

  • In the list of factors that can not individually give cause for processing personal information add “marital state,” and “nationality,” and replace “sexual life” with “sexual orientation.”
  • Enumerate available information sources, and remove language that grants intelligence services access to all information sources.
  • Do not keep records of information pertaining to journalistic sources to comply with ECHR.
  • Wiretapping of representatives of the people and notary publics should be tested by a court.
  • Court records related to wiretapping journalists and lawyers shall be made public.
  • Require authorization from the minister or head of intelligence service before constructing a complete overview of a person’s personal life.
  • Automated access to third-party databases should be considered a special competence, and require authorization from the minister and the oversight committee.
  • Require that the authorization committee consider previous judgements from the oversight committee.
  • Allow the authorization committee to consult outside experts.
  • Do not allow agents to work as journalists or aid workers.
  • Do not allow intelligence services to create a DNA-databank.
  • Only allow intelligence services to access third-party systems that are in direct technical relation to a target.
  • Do not allow intelligence services to acquire access to medical devices in or on a person’s body when this violates the physical integrity of the person.
  • Only require decryption from parties if they possess a decryption key.
  • Make explicit which devices are “automated devices.”
  • Do not gather intelligence which is not relevant to a specific investigation.
  • Do not allow the expansion of wiretapping competencies to cable-bound communications; limit it to not-cable-bound communications.
  • Reduce data retention from three years to one, to comply with ECHR.
  • Retain data only when it is directly relevant to an investigation.
  • Require that data analysis is done for a specific purpose.
  • Require that telecom operators are fully reimbursed for costs resulting from wiretaps.
  • Allow telecommunications providers to publish aggregated “transparency” reports.
  • Require targets of surveillance to be notified, five years after surveillance has taken place, when deemed possible by the minister.
  • Require targets of DNA-analysis to be notified, five years after analysis has taken place, when deemed possible by the minister.
  • Do not allow intelligence to share raw data with foreign intelligence services.
  • Do not allow intelligence to share raw data with foreign intelligence services without a formal agreement. Require existing agreements to be tested and formalized.
  • Set a time limit for publishing oversight committee reports to parliament.
  • Allow the oversight committee to order intelligence services to cease its activities when such activities are illegal.
  • Allow the house of representative to overrule the oversight committee when it orders the intelligence services to cease an activity.

Accepted

  • Do not allow intelligence services to order parties to weaken or backdoor encryption technology.
  • Allow persons to request their own personal data via e-mail.
  • Do not allow foreign intelligence services to gather intelligence inside the Netherlands without oversight from dutch intelligence services.

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