Public Interest groups threaten to sue the State to postpone entry into force of the Wiv

A coalition of journalists, lawyers, NGO’s, IT- and tech-companies have asked the government on 18 April 2018, to suspend the entry into force of the Wiv (Bill for the Intelligence and Security Services Act).

A majority of the Dutch citizens voted ‘no’ against the new bill in the March 2018 referendum. The government has vowed to make changes in the Wiv to satisfy this opposition. The government proposed six small amendments, that are, according to critics, insufficient and mostly cosmetic.

Still, two of the suggested amendments, even though they are insufficient, concern the collection of big data (the ‘dragnet’) and the exchange of this data with foreign agencies. These amendments will have to be decided upon by the Dutch parliament and senate. This means that there is again a (small) chance that parliament could ‘fix’ the Wiv (by proposing amendments that go further than those proposed by the government).

The government is, however, still planning to let the Wiv enter into force on May 1, 2018.

We have therefore asked the government to postpone the instalment of the Wiv until parliament has discussed the proposed amendments.

If the government does not postpone, the coalition will go to court with an urgency procedure.

The Dutch Section of the International Commission of Jurists (NJCM) is part of the coalition. Other participants are, among others, Bits of Freedom, Free Press Unlimited and Greenpeace International.

This case is coordinated by the Public Interest Litigation project (PILP) of the NJCM. Case lawyers are the lawyers from Boekx.

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