The Wiv 2017 requires that the AIVD notifies anyone against whom it has used a special investigatory power which infringes their constitutional right to privacy at home (Article 12) or secrecy of communications (Article 13).

Five years after terminating the use of the special intelligence resource in question, such as opening letters or targeted wiretapping,  the Minister concerned shall review whether it is now possible to notify the person in question. This will not be done, however, if the notification would damage relations with other countries or reveal AIVD sources or methods.

In case a notification cannot be issued

If it is not possible to issue a report to the person with respect to whom the special investigatory power was used, the Oversight Committee shall be informed of this fact, with the reasons for not issuing the notification.

Return to: The Intelligence and Security Services Act 2017