On Tuesday, October 27, 2015, the Hague court of appeal held that both the Dutch General Intelligence and Security Service and the Dutch Military Intelligence and Security Service may not tap telephone conversations in which lawyers are engaged. Security Services may only tap conversations if such a measure has been reviewed beforehand by an independent body. However, no independent review is in place in the current policy of either one of the Dutch Security Services.
With the present judgment, the court of appeal upholds the verdict of the judge in preliminary relief proceedings of the Hague District Court. The PILP and the NJCM supported these proceedings with an amicus/opinion letter (in Dutch). Click here to read this letter.
The text of the verdict (in Dutch) can be accessed here.