The Hague Court of Appeal: State may not tap attorneys’ phone conversations without prior review by an independent body

On 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 unilaterally decide to tap lawyers’ telephone conversations. Security Services may only resort to such measures if an independent body reviews the decision in advance. However, no policy for review is in place for either 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 supported these proceedings with an amicus curiae and opinion letter. Click here to read the letter in Dutch.

The text of the verdict, also in Dutch, can be accessed here.