The Dutch government and Parliament aim to quickly introduce the privacy-violating Tapping law. A coalition of privacy advocates will start interim injunction proceedings to prevent this from happening. Implementation of unaltered Tapping law imminent In recent months, there has been a thorough public debate in the Netherlands about the new Dutch Intelligence and Security Services Act, the so-called ‘Tapping law’. In a referendum that was held on 21 March 2018, a majority of the Dutch citizenry voted AGAINST this act. In response to this, the Dutch government has promised only a few minor, superficial policy changes as well as a few non-fundamental legislative amendments. Both the Dutch government and the House of Representatives have with full intent pushed for a…
The Dutch citizenry has rejected the new Dutch Intelligence and Security Services Act. This act will now have the be amended. If not, legal action will be pursued. Historic red line Wednesday 21 March 2018 is a historic day: for the first time ever, the populace of a nation has spoken out against a law on intelligence services in a referendum. In this referendum, the Dutch had the chance to cast their ballots on the new Dutch Intelligence and Security Services Act, better known as the ‘Tapping law’. By now, it is known that a clear majority is AGAINST the law. Privacy First considers this as a historic victory and hopes that, as a result, similar developments will unfold in…
Below, in alphabetical order, are Privacy First’s main objections against the new Dutch Intelligence and Security Services Act (Wiv2017, or ‘Tapping law’):    A. Authority to hack  Under the new law, the Dutch intelligence services will be able to hack a target through innocent third parties. By hacking a third party (for example an aunt, a sister, a friend, a husband, a grandfather, a colleague, a neighbour, a public authority, a company, etc.), information can be obtained about the target. In other words, any devices of innocent citizens may be hacked by the intelligence services. Citizens will never be notified about this, as there is no duty to inform. C. Chilling effectThe new law may result in people behaving differently (either…
"Twelve organizations teamed up to file a lawsuit to stop the implementation of a new data mining law in the Netherlands. The new law was adopted by the Dutch Senate on Tuesday and gives the intelligence services more capabilities to spy on internet traffic on a large scale. "We trust that the Dutch judges will pull the brake and say: this law goes too far", human rights lawyer Jelle Klaas, who is representing the coalition of organizations in their lawsuit, said to RTL Nieuws. The coalition includes the Public Interest Litigation Project, civil rights organization Privacy First, the Dutch Association of Journalists, the Dutch Association of Criminal Law Attorneys and the Platform for the Protection of Civil Rights. According to…
Tomorrow morning the Netherlands will be examined in Geneva by the highest human rights body in the world: the United Nations Human Rights Council. Since 2008, the Human Rights Council reviews the human rights situation in each UN Member State once every five years. This procedure is called the Universal Periodic Review (UPR). Privacy First shadow report During the previous two UPR sessions in 2008 and 2012, the Netherlands endured a fair amount of criticism. At the moment, the perspectives with regard to privacy in the Netherlands are worse than they’ve ever been before. This is reason for Privacy First to actively bring a number of issues to the attention of the UN. Privacy First did so in September 2016 (a…
After numerous lawsuits in various European countries, the decision has finally been made: in a break-through ruling, the European Court of Justice has decided this week that a general requirement to retain telecommunications data (data retention) is unlawful because it is in violation of the right to privacy. This ruling has far-reaching consequences for surveillance legislation in all EU member States, including the Netherlands. Previous data retention in the Netherlands Under the 2009 Dutch Data Retention Act, the telecommunications data (telephony and internet traffic) of everyone in the Netherlands used to be retained for 12 months and 6 months, respectively, for criminal investigation purposes. This legislation stemmed from the 2006 European Data Retention Directive. However, in April 2014 the European…
EU Passenger Name Records: every airline passenger a potential suspect. Today is a historic day in both a positive and a negative sense: on the one hand European Parliament has taken an important step forward in the area of privacy by adopting the General Data Protection Regulation. On the other hand, that same parliament has today concurred with large-scale storage of data of European airline passengers. As a result, every airline passenger becomes a potential suspect. The General Data Protection Regulation will replace national privacy legislation in all EU Member States (this includes the Dutch Data Protection Act, Wet bescherming persoonsgegevens) and, in broad terms, will lead to better privacy protection throughout the European Union. Privacy Impact Assessments and Privacy…
Privacy First is considering taking legal steps. Without any regard to all the privacy objections, this week the European Parliament has voted in favor of mandatory introduction of the eCall system in new cars. This system forms a direct threat to the privacy of every motorist. In case the European Council (i.e. a majority of EU Member States) approves the decision of the European Parliament, the eCall device will become mandatory in every car in Europe as of October 2015. Privacy First demands that eCall will become voluntary instead of mandatory and to this end is prepared to start a lawsuit if necessary. In case of a road accident eCall automatically alerts the emergency services by calling 112. However, the…
At the end of this summer our colleagues from Bits of Freedom will once again be organizing the annual Big Brother Awards. Below are our nominations for the biggest Dutch privacy violations of the past year: Automatic Number Plate Recognition plans from Minister OpsteltenIf it’s up to the Dutch Minister of Security and Justice, Ivo Opstelten, the travels of every motorist in the Netherlands will soon be stored in a police database for four weeks through automatic number plate recognition (ANPR) for criminal investigation and prosecution purposes. This means that, in the view of Mr. Opstelten, every motorist is a potential criminal. Privacy First deems this proposal absolutely disproportional and therefore in breach with the right to privacy as stipulated under Article 8 of the…
The Dutch Ministry of the Interior is currently conducting an assessment of the fundamental rights situation in the Netherlands. Later this year this will probably result in a report called ‘De Staat van de Grondrechten’ (‘The State of Fundamental Rights’) and an accessory entitled ‘Nationaal Actieplan Mensenrechten’ (‘National Human Rights Action Plan’). In this context the Ministry recently requested input from several NGOs, among which Privacy First. Below is our advice: Top 7 of issues that deserve a place in the State of Fundamental Rights and the National Human Rights Action Plan: 1. Active adherence to as well as protection, fulfilment and promotion of the right to privacy Clarification: privacy is both a Dutch constitutional right as well as a universal human right. As with…
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