June 7, 2018 summary judgment on Wiv implementation: claims dismissed

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June 7, 2018
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Today the judge issued a ruling in the summary proceedings brought by a coalition of lawyers, journalists, NGOs, IT companies and tech companies against the State over the Intelligence and Security Services Act (Wiv). The court (in its preliminary opinion) does not find the law to be decidedly non-binding.

The coalition started this case because the Wiv, with the current legal text, violates fundamental human rights. In particular, the “dragnet,” the exchange of data with foreign services, the hacking power and the informant power (real-time access) do not pass the human rights test.
Moreover, the coalition believes that the referendum result should be taken seriously and that parliament should first consider the modified Wiv. Therefore, the court was asked to delay the introduction of (parts of) the Wiv, at least until the proposed changes have been discussed in parliament.

The coalition regrets that the judge rejected the emergency request. The coalition will soon discuss the possibility of legal follow-up.

The plaintiffs in these summary proceedings are the organizations the NJCM, Bits of Freedom, the NVSA, Free Press Unlimited, Greenpeace International, De Waag Society, Privacy First and the Civil Rights Protection Platform and the companies BIT, Speakup, VOYS and Mijndomein. PILP coordinated the coalition; lawyers from the Boekx firm handled the case.

Read more about the Wiv dossier here.

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