Intelligence service regulators reprimand AIVD for organized crime investigations

The General Intelligence and Security Service (AIVD) does not always stick to the law when investigation organized crime, regulators CTIVD and TIB stated in a letter to the Minister of Interior Affairs and NSC member, Judith Uitermark. The service are only allowed to investigate criminal activities if it is a threat to national security. But the regulators claim that it is not always proven that this is the case.

With that, the Oversight Committee for the Intelligence and Security Services (CTIVD) and the Investigatory Powers Commission (TIB) feel that AIVD used their clearances “illegally.”

In addition, these practices can cause problems when criminal investigations by police and work from the intelligence services start blending together. This can go at the cost of the right to a fair trial and protection of personal privacy.

According to the regulators, the AIVD can also request information from the police in these cases, making their own investigation unnecessary. They are pleading for the intelligence services to do this more often so that the service does not unnecessarily infringe on the fundamental rights of persons under investigation.

The CTIVD and TIB also think that the AIVD has to be extra careful when following people who are not a threat to national security but do have access to relevant information.

There should be a high bar for making the choice to investigate these people. The intelligence service has to make a clear argument that these people need to be followed to gain insight on criminal networks that form a threat.

The AIVD also investigates infiltration and corruption by criminals into governments and companies. The intelligence service also provides insufficient substantiation as to why the persons under investigation or their criminal networks pose a threat to national security, according to the regulators.

Another point of criticism is about the way the AIVD handles the information of people that have a right to confidentiality, like lawyers. The service are only permitted to use this information after it has been approved by the court, otherwise they have to destroy it instantly.

However, there have been several incidents over the last few years in which this was not done correctly. The regulators have confronted the AIVD with this on various occasions over the years.

The regulators have asked Uitermark to take their concerns into account when she renews the intelligence law.