The MIVD has not complied with its reporting obligations for a “long time,” the Intelligence and Security Services Oversight Committee said. The MIVD supervisor wants to take steps.

According to the committee MIVD failed to inform citizens if special powers were deployed, such as targeted tapping, which intercepts and records a person’s phone or internet traffic. As a result, according to Ctivd, citizens did not have the opportunity to denounce any abuse of power or to report it to an independent judge or complaints organization.

Five years after the application of the special power, the Ministry of Immigration and Population (MIVD) must investigate whether it was possible to inform the person concerned. The MIVD must then send the person concerned a report on the powers used, unless exceptions apply. In this case, there is an obligation to inform Ctivd. According to the Commission, the Ministry has not fulfilled these obligations for four years.

In Supervisory Report No. 51, the supervisory authority had already noted that the Ministry of Immigration and Population was not complying with the reporting obligation. The committee then recommended improvements, but concluded that it was “not integrated into the organization”. This is why Ctivd wants the MIVD to resolve the “violation of the law” within a reasonable period. The MIVD must therefore provide a written undertaking within two months when the backlog in relation to the reporting obligation has been cleared. Within six months, the MIVD must also provide an explanation of how the intelligence service has regained control of the process.