Military intelligence service not informing citizens that they're under investigation

The Military Intelligence and Security Service (MIVD) still does not inform citizens if they have been the subject of an investigation and certain actions have been taken against them. The Supervisory Committee of the Intelligence and Security Services (CTIVD) said this after an investigation. The CTIVD also concluded in 2016 that the MIVD does not comply with its notification obligation.

The MIVD is legally obliged to inform people if it uses certain special powers against them. For example, if their communications have been tapped in connection with a threat to national security, if a letter or package has been opened, or if their house has been searched, citizens must be informed about this within five years after the action happened. The MIVD has failed to do so for four years, and that is unlawful, the CTIVD said.

Involved persons are thus deprived of the opportunity “to appeal or file a complaint,” and thus, their fundamental right “to submit disputes with the MIVD to an independent and impartial judge or complaints organization” is limited.

The supervisory committee expects the MIVD to present a plan for how and when it will catch up on the backlog of notifications. It must also work out how it will regain control over this notification obligation.