Filing a complaint about the AIVD
The AIVD takes the utmost care to carry out the tasks it has been assigned in a correct and careful manner. If you believe that in spite of this the AIVD has acted unfairly towards you or someone else, you have the right to file a complaint about this.
What can you file a complaint about?
You can file a complaint about every (putative) action by the AIVD, or the lack thereof. Your complaint may concern any employee of the AIVD.
We deem it important to have a good system for filing complaints. It not only helps us serve the interests of Dutch citizens, but also helps us improve our own functioning.
What are the conditions for filing a complaint?
There are a number of conditions for filing a complaint.
- You must submit your complaint within a year of becoming aware of the action.
- If you have received a decision (for example regarding an application), it is possible to file an objection or appeal, but you cannot file a complaint against this.
- We are not required to consider your complaint again if it has already been submitted and a decision has been made once before.
'Complaints may be submitted verbally or in writing. It is important that you describe your complaint as concretely as possible.'
Which information is required in filing a complaint?
Your complaint may be submitted verbally or in writing, but it is recommended you do so in writing. A verbal complaint is usually handled verbally as well.
In a written complaint, give a concrete description of:
- the reason for your complaint;
- the details of what happened;
- when the incident occurred;
- who was involved;
- who the action was aimed at.
Additionally your complaint should contain your name, address, the date of writing, and your signature.
Where to file your complaint
You can submit your complaint in two ways: per post or through the digital contact form on the government website. In the input field 'Question', make it clear that it concerns a complaint (about the AIVD).
To send your complaint by post, please use the following address:
De minister van Binnenlandse Zaken en Koninkrijksrelaties
Postbus 20011
2500EA Den Haag
or
Algemene Inlichtingen- en Veiligheidsdienst
Afdeling Juridische Zaken/Klachten
Postbus 20010
2500EA Den Haag
What does the rest of the complaint procedure look like?
Following the receipt of your complaint, the Legal Affairs department of the AIVD will assess whether your complaint meets all the necessary requirements.
If we see reasons not to take your complaint into consideration, we will inform you of this as soon as possible. If we do process your complaint, we will always try to solve matters 'informally' first. This means that we will see if it is possible to quickly settle the matter to your satisfaction. This could be done by phone.
If we decide to formally process your complaint, you will be sent a letter of receipt within several days. From that moment, we will have 6 weeks to handle your complaint. This period may be extended by 4 weeks. Should we require additional time after that, further postponement is possible only if you, the complainant, agree to this.
Naturally we will handle your complaint with care. The complaints are handled by employees who have had no involvement whatsoever in the action to which the complaint pertains.
The investigation into your complaint involves a review of the files. We may invite you for a meeting to further explain your complaint.
Special CTIVD department for handling complaints
If you have strong objections against filing your complaint with the Minister or with the AIVD, it is possible to submit your complaint directly with the Review Committee on the Intelligence and Security Services (Commissie van Toezicht op de Inlichtingen- en Veiligheidsdiensten, CTIVD). They have a special department for handling complaints.
The Complaints Handling Department of the CTIVD will consider whether you should first report your complaint to the Minister of the Interior and Kingdom Relations (Binnenlandse Zaken en Koninkrijksrelaties, BZK). If this is not the case, they will take up the further handling of your complaint.
This department will also be involved if you disagree with the decision made by the Minister of the Interior and Kingdom Relations. The CTIVD will then reconsider your complaint and make a decision. This decision is binding.
Read the Complaints Procedure AIVD 2018 in the Government Gazette. (In Dutch)
Or return to the overview page.