Wiv postponement – summary proceedings

Wiv postponement – summary proceedings

Procedure to postpone introduction of Wiv

On April 18, 2018, a broad coalition of journalists, lawyers, NGOs, and IT and tech companies asked the government to postpone the introduction of the Wiv. This is because parts of the Wiv do not comply with human rights and because the Senate and House of Representatives have yet to discuss changes that the government wants to make to key points.

The government has answered that it does not want to postpone the introduction. This coalition has therefore initiated summary proceedings to try to have important pain points of the Wiv, including the “dragnet,” the hacking power, access to databases and the exchange of (un-evaluated) data with foreign services, suspended until these have been discussed in the Lower and Upper Houses.

The plaintiffs in these summary proceedings are the NJCM, Bits of Freedom, the NVSA, Free Press Unlimited, Greenpeace International, De Waag Society, Privacy First and the Civil Rights Protection Platform, BIT, Speakup, VOYS and Mijndomein. PILP is coordinating the coalition. Until January 2019, the case lawyers were Otto Volgenant, Fulco Blokhuis and Ron Lamme of the Boekx firm. After that, lawyers from PILP acted on behalf of the coalition.

On June 26, 2018, judgment was rendered in the June 7, 2018 summary judgment on the introduction of the Wiv. The judge (in his preliminary ruling) did not find the law to be indisputably non-binding and dismissed the coalition’s claims. The coalition regrets that the judge rejected the emergency request. The coalition will discuss the possibility of legal follow-up in the near future.

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