Act on the intelligence and security services 2002

Original Language Title: Wet op de inlichtingen- en veiligheidsdiensten 2002

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Law of 7 February 2002, laying down rules relating to the intelligence and security services and amending certain laws (Law on the Information and Security Services 2002)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to lay down new rules on the services responsible for carrying out investigations and for promoting measures in the interest of State security and other measures to promote the protection of public health and safety in the field of public safety. significant interests of the State, the processing of data by these services, the inspection of data processed by these services, the monitoring and handling of complaints, and in relation to them, changes to some of the laws;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. General provisions

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Article 1

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For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • a. Service: the General Intelligence and Security Service or the Military Intelligence and Security Service;

  • b. Coordinator: the staff member referred to in the Article 4 ;

  • c. Our Minister concerned:

    • 1 °. in respect of the General Intelligence and Security Service: Our Minister of the Interior and Kingdom Relations;

    • 2 °. with regard to the Military Intelligence and Security Service: Our Minister of Defence;

    • 3 °. with regard to the coordinator: Our Minister-President, Minister for General Affairs;

  • d. data: personal data and other data;

  • e. personal data: data relating to an identifiable or identified individual natural person;

  • f. data processing or data processing: any act or any set of operations relating to data, including at least the collection, recording, organization, storage, updating, modification, retrieval, consultation, use, provide by means of transmission, dissemination or any other form of posting, bringing together, related to each other, as well as the fencing, erasation or destruction of data;

  • g. monitoring commission: the commission, referred to in Article 64 .


Article 2

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The services and the coordinator shall carry out their task in connection with the law and in subordination to our Minister concerned.

Chapter 2. Services and coordination between the services

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Section 2.1. Coordination of tasks by the departments

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Article 3

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The Ministers concerned shall consult regularly on their policy on the services and on the coordination of such policies. Other than our Ministers concerned shall be invited to participate in the consultations if, having regard to the interests which they hold, they are necessary.


Article 4

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  • 1 There is a coordinator of the intelligence and security services.

  • 2 The coordinator shall be appointed by a royal decree on a joint proposal from Our Ministers concerned.

  • 3 The coordinator shall have the task of acting in accordance with the instructions of our Minister, Minister for General Affairs, in accordance with our other Ministers concerned:

    • a. In Article 3 prepare such consultations;

    • coordinating the performance of the tasks of the services.

  • 4 The coordinator shall inform our relevant Ministers of any action that may be of importance.


Article 5

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The heads of the departments shall cooperate with the coordinator for the performance of his duties. They shall provide him with all necessary information to that end.


Section 2.2. The General Intelligence and Security Service

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Article 6

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  • 1 There is a General Intelligence and Security Service.

  • 2 The General Intelligence and Security Service shall have the task of ensuring national security:

    • (a) the conduct of research in relation to organisations and persons who, by the objectives they pursue, or through their activities, give rise to a serious suspicion that they constitute a danger to the survival of the democratic legal order, or for security or other important interests of the State;

    • b. The conduct of safety investigations within the meaning of the Safety Investigations Act ;

    • (c) promotion of measures to protect the interests referred to in point (a), including measures to protect data whose confidentiality is provided by national security and those parts of the public service and of the business community which, in the opinion of our relevant ministers, are vital for the maintenance of social life;

    • d. the conduct of research concerning other countries in respect of subjects designated by our Minister-President, Minister of General Affairs, in agreement with Our Concern Ministers;

    • e. the establishment of threat and risk assessments at the request of Our Minister of the Interior and Kingdom Relations and Our Minister of Security and Justice jointly for the purpose of security of persons, intended to be used in the Article 4, third paragraph, part b , and 42, first paragraph, point (c) of the Police Act 2012 and the surveillance and security of the objects and the services designated on the basis of Article 16 of that Act .


Article 6a

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  • 2 The General Intelligence and Security Service is only competent to collect data for the purpose of preparing the threat and risk analyses, intended in particular. Article 6, second paragraph, part e , if the information provided by the first paragraph makes it necessary.


Section 2.3. The Military Intelligence and Security Service

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Article 7

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  • 1 There is a Military Intelligence and Security Service.

  • 2 The Military Intelligence and Security Service shall have the task of ensuring national security:

    • a. The conduct of research:

      • 1. on the potential and the armed forces of other powers, for the purpose of proper construction and effective use of the armed forces;

      • 2. to factors which influence, or may be, the maintenance and promotion of the international legal order in so far as the armed forces are involved or can be expected to be involved;

    • b. The conduct of safety investigations within the meaning of the Safety Investigations Act ;

    • (c) the conduct of research necessary for the taking of measures:

      • 1 °. for the prevention of activities with a view to the safety or preparedness of the armed forces;

      • 2 °. to promote the proper conduct of the mobilization and concentration of the armed forces;

      • 3 °. for the purpose of undisturbed preparation and deployment of the military force as referred to in subparagraph (a) (2).

    • (d) promoting measures to protect the interests referred to in (c), including measures to protect the armed forces whose secrecy is provided for;

    • e. the conduct of research on other countries, in respect of subjects with a military relevance designated by our Minister-President, Minister of General Affairs, in agreement with Our Concern Ministers;

    • f. drafting threat analyses at the request of Our Minister of the Interior and Kingdom Relations and Our Minister of Security and Justice jointly for the purpose of security of persons, intended to be used in the Article 4, third paragraph, part b , and 42, first paragraph, point (c) of the Police Act 2012 and the surveillance and security of the objects and the services designated on the basis of Article 16 of that Act , as far as persons, objects and services with a military relevance are concerned.


Article 7a

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  • 2 The Military Intelligence and Security Service is only competent to collect data for the purpose of preparing the threat analyses intended in particular. Article 7, second paragraph, part f , if the information provided by the first paragraph makes it necessary.


Section 2.4. Reporting of tasks by the services

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Article 8

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  • 1 Our Member States concerned shall report to both Chambers of the States-General on an annual basis by 1 May each year, with a public record of the manner in which the General Intelligence and Security Service and the Military Intelligence and Security Service are responsible for their activities. have performed tasks over the last calendar year.

  • 2 In each case, the report gives a full summary of:

    • a. The focus areas on which the service has targeted its activities in the past year;

    • b. the focus areas on which the service will focus its activities in the current year in any case.

  • 3 In the annual public report, an indication of at least the information which gives visibility to:

    • a. means employed by the service in specific matters;

    • b. secret sources of service provided by the service;

    • c. the actual level of knowledge of the service.

  • 4 Our Minister concerned may communicate the information referred to in paragraph 3 confidential to one or both of the Chambers of the States-General.

  • 5 Without prejudice to the obligation referred to in paragraph 1, the Ministers concerned shall inform both Chambers of the States-General of their own movement, if appropriate. The third and fourth paragraphs shall apply mutatis mutandis.


Section 2.5. Special provisions relating to officials working for the benefit of services

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Article 9

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  • 1 The officials of the services do not have the power to detect criminal offences.

  • 2 The in Article 60 The officials referred to above shall not carry out any duties for the detection of criminal offences when carrying out the activities referred to therein.


Article 10

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  • 1 The official of a service shall be prohibited from travelling, other than in the exercise of his or her duties, to or staying in:

    • a. A country where there is in fact an armed conflict;

    • b. Our relevant Ministers jointly designated under ministerial arrangement countries in which the residence by an official of a service may pose a special risk to national security.

  • 2 Our Minister concerned may waive the prohibition referred to in paragraph 1 if urgent personal or other interests of the official concerned require that and security or other important interests of the State. do not oppose that.


Section 2.6. Detailed rules relating to the organisation, operation and management of services

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Article 11

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The Minister concerned may lay down detailed rules on the organisation, operation and management of a service.

Chapter 3. The processing of data by the services

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Section 3.1. General provisions

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Article 12

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  • 1 The services shall be competent to process data subject to compliance with or under this Act or by means of Safety Investigations Act have been set.

  • 2 The processing of data occurs only for a particular purpose and only as far as necessary for the proper execution of this law or the Safety Investigations Act .

  • 3 The processing of data is done in accordance with the law and in a proper and careful manner.

  • 4 The information processed in the context of the performance of the services shall be marked with an indication of the degree of reliability or a reference to the document or source to which the data are derived.


Article 13

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  • 1 The processing of personal data by the General Intelligence and Security Service may only concern persons:

    • a. giving rise to the serious suspicion that they constitute a danger to the democratic legal order, or to security or to other important interests of the State;

    • b. having authorised a safety investigation;

    • (c) on who is required to do so in the context of the investigation concerning other countries;

    • d. who has been collected by another information or security service;

    • e. whose data are necessary to support the proper performance of the service;

    • f. who have been or have been employed for a service;

    • g. to whom that is necessary in the context of the preparation of the threat and risk analysis, Article 6, second paragraph, part e .

  • 2 The processing of personal data by the Military Intelligence and Security Service may only concern persons:

    • a. giving rise to the serious suspicion that they constitute a danger to security or to the preparedness of the armed forces;

    • b. having authorised a safety investigation;

    • (c) on who is required to do so in the context of the investigation concerning other countries;

    • d. who has been collected by another information or security service;

    • e. whose data are necessary to support the proper performance of the service;

    • f. who have been or have been employed for a service;

    • g. to whom that is necessary in the context of an investigation as referred to in Article 7, second paragraph, point (a) (2) ;

    • h. as to who is necessary in the context of drafting the threat analyses intended to be used in Article 7, second paragraph, part f ;

    • i. as to who is necessary in the context of the preparation of an analysis by the Military Intelligence and Security Service, commissioned by our Minister of Defence, of potential threats against a person employed by the armed forces, or a force in use in use of the object, which is not under the control of the Article 4, third paragraph, part b , and 42, first paragraph, part c , below Article 16 of the Polition Act 2012 is designated.

  • 3 The processing of personal data for a person's religion or belief, race, health and sexual life does not take place.

  • 4 The processing of personal data relating to the characteristics referred to in paragraph 3 shall be carried out only in addition to the processing of other data and only to the extent that the processing of personal data is unavoidable for the purpose of the data processing operation a.


Article 14

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  • 2 The processing of data referred to in paragraph 1 for the purposes of the General Intelligence and Security Service shall be kept strictly separate from the processing of data by the relevant officials for the purposes of other purposes. The Head of the General Intelligence and Security Service may provide further guidance on this.

  • 3 Our Minister of the Interior and Kingdom Relations shall ensure archiviality related to the processing of data for the purposes of the General Intelligence and Security Service by the officials, referred to in the Article 60 , to the extent that these records are not transferred to a national archives store.


Article 15

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The heads of the services shall ensure:

  • a. the confidentiality of the relevant data;

  • b. the confidentiality of eligible sources from which data originates;

  • c. the safety of the persons with whose cooperation data are collected.


Article 16

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The heads of the departments shall also provide:

  • a. the necessary facilities to promote the accuracy and completeness of the data which are to be processed;

  • b. The necessary technical and organisational requirements for the protection of data processing against loss or degradation of data as well as to unauthorized data processing;

  • (c) the designation of persons who, in the case of the exclusion of others, are competent to carry out the work mentioned in the designation in the context of the processing of data.


Section 3.2. The collection of data

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Section 3.2.1. General

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Article 17

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  • 1 Services shall be empowered to use the task of collecting data, in the performance of their tasks, or in support of a sound task, to:

    • (a) administrative bodies, officials and any person deemed to be able to provide the necessary information;

    • b. The controller for a data processing operation.

  • (2) In the case referred to in the first paragraph, introductory wording and point (b), the official in charge shall be obliged to legitimise himself to the controller in relation to the data controller, on the basis of the person responsible for carrying out the data. service provided.

  • 3 The rules applicable to the controller or by virtue of the law relating to data processing relating to the provision of such data shall not apply to benefits in kind provided for the purpose of a request as referred to in the first member, introductory wording and point (b).


Section 3.2.2. Special powers of the services

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Article 18

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A competence referred to in this paragraph may be exercised only in so far as is necessary for the proper performance of the tasks specified in this paragraph. Article 6, second paragraph, points (a) and (d) , and the tasks specified in Article 7, second paragraph, point (a), (c) and (e) .


Article 19

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  • 1 The exercise by a service of jurisdiction as referred to in this paragraph is permissible only if, in so far as this paragraph is not otherwise determined, our Minister concerned or, on behalf of the Minister concerned, is to do so has been given permission.

  • 2 The head of a service may appoint subordinate officials to him by written decision granting the consent, referred to in paragraph 1, on his behalf. A copy of the decision shall be sent to our Minister concerned.

  • 3 The consent shall be granted, where otherwise provided by or under the law, for a period of not more than three months and may be renewed for an identical period of time each time it is requested to do so.


Article 20

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  • 1 The services shall be responsible for:

    • (a) to observe and to record data concerning the conduct of natural persons or data relating to cases, whether by means of observation and recording or not;

    • (b) to monitor and to record data relating to natural persons or cases, whether or not by means of tracking, localisation devices and means of registration.

  • 2 The application of observation and registration resources referred to in paragraph 1 (a), as well as the application of means of tracking, localisation devices and means of registration as referred to in point (b) of the first paragraph by the Military Information and Security Service is, as far as the application or application of it is concerned, only authorised places not in use by the Ministry of Defence, where the authorisation has been granted in respect of agree to our Minister of the Interior and Kingdoms relations or, as far as from application, the Head of the General Intelligence and Security Service.

  • 3 The application of the means of observation and registration referred to in point (a) of the first paragraph within dwellings shall be permitted only if the Minister concerned has given his consent in writing to the Head of the Service. In the case referred to in paragraph 2, the consent shall be granted in accordance with our Minister of the Interior and Kingdom Relations, in so far as the dwellings are concerned.

  • 4 The request for authorisation as referred to in paragraph 3 shall be made by the Head of the Service and shall contain at least:

    • a. the address of the dwelling within which the product is to be applied;

    • b. a description of the type of product to be applied;

    • c. the reason why the application of the relevant plea is deemed necessary.


Article 21

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  • 1 The services shall be responsible for:

    • a. The use of natural persons, whether or not under cover of an assumed identity or capacity, who, under the responsibility and under the instruction of a service, are in charge of:

      • 1 °. collect the targeted data on persons and organisations which may be of interest for the purposes of the performance of a service;

      • 2. the promotion of, or the adoption of, measures to protect interests in the service of the service.

    • (b) the establishment and deployment of legal persons to support operational activities.

  • 2 Our Minister concerned may provide eligible administrative bodies in writing to provide assistance necessary to ensure that a natural person referred to in the first paragraph, part a, of an identity to be taken. provide. The statutory provisions applicable to the administrative board in respect of the activities required shall continue to be excluded as far as they are in the way of the performance of such activities.

  • 3 The natural person referred to in paragraph 1 (a) may also be entrusted, on the instructions of the service, for the provision of acts which may result in the participation of a criminal offence, or a criminal offence is committed. An instruction as referred to in the first sentence shall be given only if the proper performance of the service or the safety of the natural person concerned so requires.

  • 4 The natural person referred to in paragraph 1 (a) may not, in the performance of the instruction by acting, bring a person to other action in respect of the storage or committing of criminal offences, on the basis of which his/her intention has already been set up. had been previously targeted.

  • 5 In the case of the instruction referred to in paragraph 3, the following shall be indicated to the person concerned:

    • (a) under which circumstances it may carry out such action in the performance of the instruction which may result in the involvement of a criminal offence or a criminal offence;

    • b. the manner in which the instruction is to be given, including the nature of the acts to be carried out by the person concerned to the extent that they are to be used when the instruction is given; provide.

  • 6 The instruction to the natural person referred to in paragraph 1 (a) shall be recorded in writing.

  • 7 In the case of, or under a general rule of administration, together with the proposal of Our Ministers and our Minister of Security and Justice, further rules may be laid down regarding:

    • a. the conditions under which and where, for the purpose of carrying out an instruction by a natural person referred to in paragraph 1 (a), acts may be carried out which may result in cooperation being granted to the person concerned; the conduct of a criminal offence or a criminal offence is committed;

    • (b) the manner in which the exercise of the relevant competence is controlled.


Article 22

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  • 1 Services shall be empowered to use, by means of a technical device, whether or not:

    • a. A search of private places;

    • b. Search of closed items;

    • c. conduct research on objects aimed at establishing the identity of a person.

  • 2 The exercise of jurisdiction, referred to in paragraph 1 by the Military Intelligence and Security Agency outside places in use of the Ministry of Defence, shall only be permitted if the consent has been granted in agree to our Minister of the Interior and Kingdom Relations or, as far as applicable, the Head of the General Intelligence and Security Service.

  • 3 Where this is necessary for the examination of a service, an object referred to in paragraph 1 may be taken by the relevant department for a limited period of time, in so far as research is carried out on the basis of the the relevant subject-matter of the search is not possible on the spot and the collection of data which it is intended to provide cannot be achieved in a manner which is not of a different, less significant manner. The items in question shall be returned as soon as possible, unless the importance of the proper performance of the service is opposed to it or no reasonable interest is served on the return of the goods.

  • 4 The jurisdiction referred to in paragraph 1 (a) may be used, in so far as the dwellings are concerned, only if the Minister concerned has given his consent in writing to the Head of the Service. Exercise of jurisdiction referred to in paragraph 1 (a) by the Military Intelligence and Security Service related to residences outside places in use of the Ministry of Defence is permitted only if approved by the Ministry of Defence has been granted in accordance with our Minister of the Interior and Kingdom Relations.

  • 5 The consent referred to in paragraph 4 shall be granted for a period of not more than three days. The General Term Act does not apply.

  • 6 The request for authorisation as referred to in paragraph 4 shall be made by the Head of the Service and shall contain at least:

    • a. the address of the dwelling which is to be searched; and

    • b. the reason why the property should be searched.


Article 23

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  • 1 The services are responsible for opening letters and other consigments without the consignor or the consignee if the Court of the Hague has issued a charge for this purpose, at the request of the Head of the Service.

  • 2 For exercise of competence referred to in the first paragraph, no consent shall be required as intended in Article 19 .

  • 3 The request, referred to in paragraph 1, by the Head of the Military Intelligence and Security Office in respect of letters and other addressed consignments, the address of which shall not correspond to an address of the consignor or the consignee from a place in use of the Ministry of Defence, is done in accordance with the head of the General Intelligence and Security Service.

  • 4 The request for a charge referred to in paragraph 1 shall contain at least:

    • (a) the name and address of the person or institution, of whom any letter or other addressee of consignments of which is addressed or from such consignments should be opened;

    • (b) the reason for opening letters or other addressed consignments.

  • 5 A charge shall be issued only if it is necessary for the proper performance of the task assigned to the service.

  • 6 A charge referred to in paragraph 1 shall be issued:

    • a. by letter or other addressed consignment, if it is already in the possession of the service;

    • b. For a period to be determined for a maximum period of three months, where it concerns the opening of letters or other addressed consignments which have been or are entrusted to a post-load establishment or transport.

  • 7 The establishment of postal or transport referred to in paragraph 6 (b) shall be the letters and other addressed consignments to which the charge relates, against receipt to a service provided by the Head of the Service to that end. designated official of the service.

  • 8 The official shall be required to legitimise the use of a certificate issued by the Head of the Service vis--vis the establishment of a post or of a transport operation.

  • 9 The services shall ensure that any letter or other consignee issued by a post or transport establishment shall be returned to the relevant institution for dispatch without delay after their examination.


Article 24

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  • 1 The services shall be empowered to use technical aids, false signals, false keys or false quality, to enter into a computerized work. The power specified in the first sentence shall also be within the competence of the competent authority:

    • a. to the break of any security;

    • b. to the application of technical provisions in order to undo encryption of data stored or processed in the automated work;

    • c. To take over the data stored or processed in the automated work.

  • 2 The exercise of the privileges referred to in paragraph 1 by the Military Intelligence and Security Office outside places in use of the Ministry of Defense is permitted only if the consent is granted in agree to our Minister of the Interior and Kingdom Relations or, as far as applicable, the Head of the General Intelligence and Security Service.

  • 3 Any person who has knowledge of the unencryption of the data stored or processed in the automated work referred to in paragraph 1 shall be obliged to send the service to the person concerned, at the request of the person who has been sent to the office of the person concerned. to provide the necessary cooperation to reverse this encryption.


Article 25

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  • 1 The services are competent to address, receive, record and eavesdropping of any kind of call, telecommunication or data transfer with a technical tool through an automated work, no matter where shall be. The power to be used in the first sentence of the first sentence also includes the power to reverse encryption of the talks, telecommunications or data transfer.

  • 2 The power referred to in paragraph 1 may be exercised only if, on a request for that purpose, the Minister concerned has granted the authority to the Head of the Service.

  • 3 The exercise of competence, referred to in the first paragraph, by the Military Intelligence and Security Service in respect of calls, telecommunication or data transfer through automated work, to the extent that these do not take place at or with places in use of the Ministry of Defence, is permitted only if the consent is granted in accordance with Our Minister of the Interior and Kingdom Relations.

  • 4 The request for authorisation, as referred to in the second and third paragraphs, shall be made by the Head of the Service and shall contain at least:

    • a. An indication of the authority which the service wishes to exercise and, where applicable, the number, which is intended to be Article 1.1 (bb) of the Telecommunication Act ;

    • (b) information relating to the identity of the person or the organisation in respect of whom the exercise of the relevant competence is required;

    • c. the reason for the exercise of the relevant power is required.

  • 5 Where the application for authorization is not yet known, the number referred to in point (a) of the fourth paragraph shall be granted only under the condition that the jurisdiction may be exercised only as soon as the relevant number is known. a. The services shall be responsible for the use of a technical device capable of obtaining the number specified in the first sentence. The exercise of jurisdiction, referred to in the second sentence, by the Military Intelligence and Security Office outside places in use of the Ministry of Defence shall be in accordance with our Minister of Internal Affairs and Kingdoms.

  • 6 If the information referred to in paragraph 4 (b) is not yet known to the request for authorisation, authorisation shall be granted only under the condition that the information in question is completed as soon as possible.

  • 7 Any person who is aware of any knowledge of the decoding of calls, telecommunications or data transfer as referred to in paragraph 1 shall be obliged to give the Head of the Service all necessary information on his written request. to assist in undoing this encryption.

  • 8 The third paragraph shall not apply to the reception and inclusion of non-cable telecommunications services which have its origin or destination in other countries, by reference to a technical characteristic. In so far as this telecommunications relates to military messaging, no consent is required as intended in Article 19 and 25, second paragraph .


Article 26

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  • 1 The services are responsible for the receipt and inclusion of a technical aid of non-cable telecommunications which have its origin or destination in other countries, using a technical means for the exploration of communications. The competent authorities shall be responsible for taking note of the information received. The power to be used in the first sentence of the first sentence also includes the power to reverse encryption of telecommunications.

  • 2 For exercise of competence referred to in the first paragraph, no consent shall be required as intended in Article 19 .

  • Where, by application of the jurisdiction referred to in paragraph 1, the identity of the person or organization of whom telecommunications originates has been established, this endorsement may be made where this is necessary. necessary for the proper performance of the service by the service.

  • 4 As soon as the jurisdiction referred to in paragraph 1 establishes the identity of the person or organization of whom the telecommunications originates is determined, a request for authorisation shall be granted within two days. as intended in Article 25, second paragraph , submitted, where the reception and inclusion of the telecommunications of the relevant person or organisation is necessary for the proper performance of the service by the service. Until the time of the grant of the consent, Article 25, second paragraph , no further knowledge of the telecommunications sector is taken.

  • 5 Where the reception and inclusion of the telecommunications of the person or organisation concerned is not necessary for the proper performance of the service, the information received and recorded pursuant to the first paragraph shall be forthwith Destroyed.


Article 27

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  • 1 The services shall be responsible for the reception and inclusion of non-cable telecommunications services with a technical aid. The power to be used in the first sentence of the first sentence also includes the power to reverse encryption of telecommunications.

  • 2 For exercise of competence referred to in the first paragraph, no consent shall be required as intended in Article 19 .

  • 3 The information collected by the exercise of the power referred to in paragraph 1 may be selected by the services on the basis of:

  • 4 The approval of the selection referred to in paragraphs (a) and (b) of paragraph 3 shall be granted by our Minister concerned to the Head of the Service for a period of no more than three months and shall be entitled to a request for a period of not more than three months. Any request shall be renewed. The application for authorisation shall contain at least:

    • (a) the information referred to in paragraph 3 (a) or (b) which shall be selected for selection;

    • b. the reason why the selection will be applied.

  • 5 The consent to the selection of keywords referred to in point (c) of the third paragraph shall be granted by Our Minister concerned to the Head of the Service for a period of up to one year and may not be authorised. to be renewed each time a request for that purpose is made. The application for authorisation shall contain at least:

    • a. A precise description of the subject;

    • b. the reason why the selection should be applied.

  • 6 On the definition of the keywords related to the topics Article 19 applicable, except that the third paragraph of that Article reads 'three months': one year.

  • 7 The subject matter and the grounds for selection, shall be communicated confidentialto one or both of the Chambers of the States-General and to the Supervisory Board, giving the authorization referred to in the fifth paragraph.

  • 8 In so far as the selection referred to in paragraph 3 is made by the Military Intelligence and Security Service in respect of telecommunications which is of its origin and destination in the Netherlands, the authorization shall be granted in accordance with Agreement with our Minister of Home Affairs and Kingdom Relations.

  • 9 Data collected by exercise of the power referred to in paragraph 1, provided that they are not selected, may be retained for a period not exceeding one year for the purpose of further selection, subject to the conditions laid down in Article 4 (1). that these:

    • (a) may be carried out only in the course of an investigation by a service on grounds of reason referred to in paragraph 4 (b) or in relation to a subject referred to in paragraph 5 (a) for which at the time of the application, the receiving and including the relevant data was granted consent; and

    • (b) as a matter of urgency, for the proper exercise of the relevant investigations.

  • 10 The ninth paragraph shall apply mutatis mutandis to data whose encryption has not been undone, except that the period referred to in the ninth paragraph shall begin only from the moment when the encryption is reversed. has been created.


Article 28

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  • 1 The services are competent to apply to providers of public telecommunications networks and public telecommunications services within the meaning of the Telecommunications law request data on a user and the telecommunications traffic related to that user. The request may refer only to data that have been designated by general management measure and may concern data processed at the time of the request as well as data processed after the date of the request.

  • 2 For a user of telecommunications, this means the natural or legal person who has entered into an agreement with the offeror in respect of the use of a public telecommunications network or the supply of a public telecommunications service, as well as the natural or legal person who actually uses a public telecommunications network or a public telecommunications service.

  • 3 For the exercise of competence referred to in the first sentence of the first sentence, no consent shall be required as provided for in Article 19 .

  • 4 The request shall be made in writing by the Head of the relevant department and shall contain:

    • a. The number, intended for the purpose of Article 1.1 (t) of the Telecommunication Act , or

    • (b) information relating to the name, the place of residence or residence of the person or the place of establishment of the organisation of the person to whom the number, referred to in point (a), belongs; and

    • c. the information to be supplied, and

    • d. the period of time for which the data is to be provided.

  • 5 To the extent that the request is made by the Head of Military Intelligence and Security Service regarding a user and the telecommunications traffic related to that user and that user is not located at any place in the Use of the Ministry of Defence shall be in accordance with the Head of the General Intelligence and Security Service.

  • 6 The provision of information pursuant to a request referred to in the first paragraph shall be Article 17, third paragraph , mutatis mutandis.


Article 29

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  • 1 The services are competent to apply to providers of public telecommunications networks and public telecommunications services within the meaning of the Telecommunications law to request information on the name, address, postal code, place of residence, number and type of service of a telecommunications user.

  • 2 For a user of telecommunications, this means the natural or legal person who has entered into an agreement with the offeror in respect of the use of a public telecommunications network or the supply of a public telecommunications service, as well as the natural or legal person who actually uses a public telecommunications network or a public telecommunications service.

  • 3 For the exercise of competence referred to in the first sentence of the first sentence, no consent shall be required as provided for in Article 19 .

  • 4 The request shall be made by or on behalf of the Head of the relevant service.

  • 5 If the data referred to in paragraph 1 are not known to the provider and they are necessary for the application of Article 25 or Article 28 the service may request that the provider retrieve and supply the requested data. The services shall be responsible for the use of a technical device for obtaining the number referred to in the first paragraph.

  • 6 On the provision of information pursuant to a request referred to in the first or fifth paragraph, Article 17, third paragraph , mutatis mutandis.


Article 30

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  • 2 For exercise of competence referred to in the first paragraph, no consent shall be required as intended in Article 19 .

  • 3 The exercise of the power referred to in paragraph 1 shall be authorized only by persons appointed for that purpose by the head of a service.


Article 31

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  • 1 The exercise of jurisdiction as referred to in this paragraph shall be permitted only if the collection of information so intended cannot be effected or is not effected in good time by means of consultation of information sources accessible to each Member State or of information sources for which the service has been granted a right to knowledge of the data held there.

  • 2 If it is decided to collect data by exercising one or more powers as referred to in this paragraph, only that jurisdiction shall be exercised, having regard to the circumstances of the case, including the severity of the threat interests of the interests to be protected by a service, including in comparison with other available powers for the person concerned, the loss of at least a disadvantage.

  • (3) The exercise of competence shall be automatic if the exercise of such power is of a disproportionate disadvantage to the person concerned, in comparison with the objective pursued in the exercise.

  • 4 The exercise of competence should be proportionate to the intended purpose.


Article 32

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The exercise of a power as referred to in this paragraph shall cease immediately if the object to which the power has been exercised has been attained or may be exercised by the exercise of a lesser power.


Article 33

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A written report shall be drawn up on the exercise of a power as referred to in this paragraph.


Section 3.2.3. Report on the exercise of certain special powers

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Article 34

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  • 2 If the report to the person for whom the special powers referred to in paragraph 1 is not possible is not possible, the supervisory committee shall be informed accordingly. The communication to the Commission shall be accompanied by the statement of reasons why the report cannot be produced.

  • 3 The report shall be in writing and shall consist exclusively of:

    • a. Information relating to the identity of the person concerned;

    • (b) an indication of the special jurisdiction referred to in the first paragraph which has been exercised in respect of the person concerned;

    • (c) the person or body authorised, authorised, or subject to the exercise of the special jurisdiction;

    • d. The date on which authorisation, authorisation or burden is granted for the exercise of the privilege exercise;

    • e. the period during which the exercise of competence took place and, where the exercise of the competence concerned the entry of a dwelling without the permission of the occupant, an indication of the dwelling in which the exercise of the competence was entered.

  • 5 The obligation to issue a report referred to in paragraph 1 shall expire at the moment when it has been established that this is not reasonably possible.

  • 6 The submission of a report to the person shall be postponed if the special jurisdiction in question is exercised in the context of an investigation, where such information is to be provided to the person concerned, if at the time of such an inquiry examination of an application as referred to in Article 47 would have submitted, due to Article 53 would have to be denied.

  • 7 The obligation of examination referred to in paragraph 1 shall be cancelled if the report on the exercise of the particular competence concerned leads to reasonable expectation, that:

    • a. Sources of a service, including intelligence and security services of other countries, shall be disclosed;

    • b. Relations with other countries and with international organisations are seriously damaged;

    • c. a specific application of a method of a service or the identity of the person who has been instrumental in the application of the method shall be revealed.


Section 3.3. The provision of data

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Paragraph 3.3.1. The internal provision of data

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Article 35

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The provision of information processed by or for the benefit of a service to an within the service or as a result of Article 60 only place, to the extent necessary for the proper performance of the task assigned to the official in question, to the General Information and Security Service.


Section 3.3.2. The external provision of data

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Section 3.3.2.1. General provisions

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Article 36

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  • 1 The services shall be empowered, within the framework of a sound task, to communicate information processed by or on behalf of the service to:

    • a. Our Ministers who concern them;

    • (b) other governing bodies to whom they concern;

    • c. other persons or bodies of whom they enter;

    • d. appropriate information and security services of other countries, as well as other relevant international security, liaison and intelligence bodies, of other countries.

  • 2 A communication referred to in paragraph 1 shall be made by Our Minister concerned, if the nature of the communication so provides.

  • 3 Without prejudice to the notification provided for in paragraph 1, information processed by the services may also be communicated only in cases provided for in this Act.


Article 37

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  • 1 The provision of information may be made subject to the condition that the person to whom the data is supplied is not entitled to provide such information to others.

  • 3 If data is provided under the condition that they may not be disclosed to others, permission may still be granted by Our Minister concerned or on behalf of this Head of the Service to give it to other persons or bodies. to provide. Conditions may be attached to the consent.


Article 38

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  • 1 If, in the processing of data by or on behalf of a service, it is apparent from data which may also be relevant for the detection or prosecution of criminal offences, of which the Secretary of State concerned may or on its behalf may service, without prejudice to any legal obligation to do so, to make written notification to the designated member of the public prosecutor ' s office.

  • 2 In cases of urgency, the communication referred to in paragraph 1 may be taken orally. Our Minister concerned or, on behalf of this, the Head of the Service shall confirm the communication in writing as soon as possible.

  • 3 The information underlying the communication which is necessary for the assessment of the accuracy of the communication shall be made available to a Member of the public prosecutor appointed for that purpose to that end. The Articles 85 and 86 shall be applicable mutatis mutandis.


Article 39

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  • 1 Without prejudice to the provisions of Article 38 may also, where data is processed by or on behalf of a service thereof, be communicated in writing to or pursuant to a general measure of a measure of designated persons or bodies involved in the performance of a public service mission, provided that such information may also be relevant to the interests of the interests conferred on them in that framework.

  • 3 The nomination for a general measure of directors to be adopted under the first paragraph shall not be done earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Section 3.3.2.2. Specific provisions concerning the external provision of personal data

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Article 40

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  • 1 Personal data shall be communicated by our Minister concerned or on behalf of the latter in writing, if the person or body to whom the relevant communication is made in response to that communication vis-a-vis the the person concerned shall be empowered to take measures.

  • 2 In cases of urgency, the communication referred to in paragraph 1 may be taken orally. Our Minister concerned or, on behalf of this, the Head of the Service shall confirm the communication in writing as soon as possible.

  • 3 Our Minister concerned or on behalf of this Head of the Service may give notice to any person or authority in the information underlying the communication, in so far as it is necessary for the assessment of the correctness of the communication a. The Articles 85 and (b) 86, second and third members , mutatis mutandis, shall apply to the persons and bodies which have access to the relevant data.


Article 41

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  • 1 Provision of personal data which cannot reasonably be established or processed more than 10 years ago, whereas no new information has been processed in respect of the person concerned since then place.

  • 2 By way of derogation from the first paragraph, personal data may be communicated only to:

    • a. A service or a body, intended in Article 36, first paragraph, point (d) ;

    • b. bodies responsible for the investigation and prosecution of criminal offences;

    • c. Other bodies in special cases to be determined by our Minister concerned.

  • 3 In the case of a communication as referred to in paragraph 2, the degree of reliability and the age of the data underlying it shall be indicated. If with regard to the relevant data, a statement as referred to in Article 48, first paragraph , available, it shall be provided at the same time.


Article 42

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The provision of personal data shall be recorded.


Section 3.4. Deletion, destruction and transfer of data

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Article 43

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  • 1 The data which, having regard to the purpose for which they are processed, have lost their meaning shall be deleted.

  • 2 If it is found that data are incorrect or are being processed incorrectly, they shall be improperly removed. Our Minister concerned shall inform them as soon as possible of whom he has provided the relevant information.

  • 3 The deleted data shall be destroyed, unless legal rules of detention are in the way of such detention.

  • 4 If, in relation to the data for destruction, an application as referred to in Article 47 has been done, the destruction of the relevant data shall be suspended until at least the moment on which the application has been decided irrevocably. In so far as the application for knowledge has been accepted, the relevant data shall not be destroyed earlier than after the data subject of the relevant data has been submitted in accordance with Article 47, second paragraph -I've been able to get acquainted.


Article 44

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  • 2 The restrictions referred to in paragraph 1 shall not apply to archives which are over seventy-five years of age, unless our Minister in question decides otherwise, in accordance with the views of the Council of Ministers.

Chapter 4. Knowledge of data processed by or for the benefit of services

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Section 4.1. General provisions

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Article 45

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Without prejudice to the knowledge of on the basis of Section 3.3 data provided, may be processed from the data by or on behalf of a service only in accordance with the provisions of this Chapter.


Article 46

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For the purposes of this chapter, the expression 'administrative matter' shall mean internal deliberation, personal policy opinion, as a joint or joint advisory committee, which shall include: Article 1 of the Public Administration in Articles 1 and 12 of the Act of Public Service BES, the term 'AEs' shall be understood as meaning 'BES'.


Section 4.2. Right to the knowledge of personal data

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Article 47

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  • 1 Our Minister concerned shall communicate to each person, upon request, as soon as possible, but not later than three months, whether or not the personal data relating to personal data have been processed by or for the benefit of a service. Our Minister concerned may give up his decision for a maximum of four weeks. A reasoned statement of the opinion of the applicant shall be submitted to the applicant for the expiry of the first period.

  • 2 In so far as an application as referred to in paragraph 1 is accepted, our Minister concerned shall inform the applicant as soon as possible, but no later than four weeks after the publication of his decision, on the occasion of his/her information. ed.

  • 3 Our Minister concerned shall ensure that the identity of the applicant is properly identified.


Article 48

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  • 1 The person who Article 47 has received information from or on behalf of a service relating to him, may present a written declaration on the matter. This declaration shall be annexed to the relevant information.

  • 2 The information concerned shall be notified by the person concerned of the information to be given in the first paragraph.

  • 3 The declaration shall be deleted and destroyed at the same time as the information on which it relates.


Article 49

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  • 1 By way of derogation from Article 47 the Head of a Service shall, on the occasion of his/her request, work with or on behalf of a service or work on or on behalf of a service at his/her request as soon as possible, but at the latest within four weeks of the request information in the personnel and payroll records of the relevant department.

  • 2 Of inspection shall be excluded from the information that can be provided by sources that need to be kept secret.

  • 4 The person having access to the information relating to him may ask the Head of the Service to improve, supplement or remove them, if they are factually inaccurate, incomplete or incomplete for the purpose of processing; have not been serving on the matter or have been processed in contraa with a legal requirement. The request shall contain the amendments to be made.

  • 5 The head of a service shall notify the applicant within six weeks of receipt of the request referred to in the fourth paragraph, or the extent to which it complies with it.


Article 50

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  • 1 Article 47 shall apply mutatis mutandis to an application in respect of personal data processed by or for the benefit of a service in respect of a deceased spouse, registered partner, child or parent of the applicant.

  • 2 The application referred to in paragraph 1 shall contain at least the following information:

    • a. Name and initials of the deceased;

    • b. Date of birth and place of birth of the deceased;

    • (c) the date of death and the place of death;

    • d. the status of the deceased in relation to the applicant.

  • 3 In cases where the application referred to in the first paragraph relates to data of a person not yet deceased or to the records of a deceased person who is not a spouse, registered partner, child or has been the applicant's parent, the application shall be declared inadmissible.


Section 4.3. Right to be informed of data other than personal data

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Article 51

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  • 1 The Minister concerned shall inform each of the parties to his application as soon as possible, but no later than three months, of any information other than personal data relating to the administrative matter mentioned in the application. Our Minister concerned may give up his decision for a maximum of four weeks. A reasoned statement of the opinion of the applicant shall be submitted to the applicant for the expiry of the first period.

  • 2 In so far as an application as referred to in paragraph 1 is accepted, our Minister concerned shall inform the applicant of the relevant information as soon as possible and at the latest within four weeks of the publication of the decision.


Section 4.4. Method of knowledge of data

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Article 52

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  • 1 Our Minister concerned shall inform the applicant of the relevant information by:

    • a. to provide a copy of the document in which the data is deposited or by providing the literal content thereof in other form;

    • (b) allow access to the contents of the relevant document;

    • c. to issue an extract or a summary of the contents of the relevant document, or

    • d. provide information from the relevant document.

  • 2 When choosing between the forms of notification, Our Minister concerned takes into account the preference of the applicant and the importance of the service.

  • 3 For the manufacture of copies of documents and extracts or summaries of the content thereof, a fee may be requested from the applicant. The at or under Article 12 of the Public Administration or Article 14 of the Public Administration of Management BES are subject thereto mutatis mutandis.


Section 4.5. Grounds for refusal and limitations

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Article 53

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  • 1 An application as referred to in Article 47 shall be rejected, in any case, if:

    • a. concerning the applicant for the purposes of any investigation data have been processed, unless:

      • 1 °. the relevant data were processed more than 5 years ago,

      • 2 °. in respect of the applicant, no new data have since been processed in relation to the examination in the context of which the relevant data were processed; and

      • 3 °. the relevant data are not relevant for any ongoing investigation;

    • b. No data has been processed concerning the applicant.

  • (2) Where an application is rejected under paragraph 1, the reasons for the rejection shall be based on all the grounds for rejection in general terms and terms.


Article 54

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Article 53 shall apply mutatis mutandis to an application as referred to in Article 50 except that in Article 53 for "the applicant" is read: the deceased person.


Article 55

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  • 1 An application as referred to in Article 51 is rejected, in so far as it provides the information to which the application relates:

    • a. The unity of the Crown could be endangered;

    • (b) could harm national security;

    • c. Business and manufacturing data, which have been communicated by natural or legal persons to the public authorities.

  • 2 An application shall also be rejected to the extent that the interest of the provision of the information covered by the application does not outweighs the following interests:

    • a. the relations of the Netherlands with other countries and with international organisations;

    • (b) the economic or financial interests of the State, other bodies governed by public law, or administrative bodies;

    • (c) the detection and prosecution of criminal offences;

    • d. Inspection, control and surveillance by, or due to, administrative bodies;

    • (e) respect for privacy;

    • f. the importance, that the person or organisation subject to the data has to be able to take the first knowledge of the data;

    • g. The avoidance of disproportionate preference or disadvantage of natural or legal persons or third parties involved in the matter.

  • 3 Where an application for knowledge is rejected, the monitoring committee shall be informed accordingly. The communication to the Commission shall be accompanied by a statement of reasons as to why the request has been rejected.

  • 4 The preceding paragraphs shall apply mutatis mutandis to an application as referred to in Article 47 Other 50 , in so far as such an application is not rejected as a result of Article 53 Other 54 .


Article 56

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  • 1 In the case where the application relates to information contained in documents drawn up for the purposes of internal deliberation, no information shall be provided on personal policy views contained therein.

  • 2 On personal policy views, data may be provided in respect of sound and democratic governance in non-persons in a retractable form. If the person who has expressed or has expressed such views has given their consent, the data may be provided in the form of a retractable form.

  • 3 With regard to opinions of a cordial or joint composite advisory committee, the provision of information on the personal policy views contained therein may take place if the intention is to do so by the governing body which directly to the members of the Advisory Committee before the start of their work has been communicated.


Section 4.6. Occupation [ Expired per 01-01-2013]

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Article 57 [ Verfalls per 01-01-2013]

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Chapter 5. Cooperation between services and other bodies

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Section 5.1. Cooperation between services

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Article 58

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  • 1 The General Intelligence and Security Service and the Military Intelligence and Security Service shall cooperate as far as possible.

  • 2 The cooperation referred to in paragraph 1 shall in any case be composed of:

    • a. Provision of data;

    • (b) the provision of technical and other forms of support in the context of the application of special powers as defined in Section 3.2.2 .

  • 3 A request for cooperation as referred to in point (b) of the second paragraph shall be signed by Our Minister concerned and shall include a detailed description of the work required. Our Minister concerned, who asked for the cooperation, is responsible for the actual execution of the work to be carried out.


Article 59

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  • 1 The heads of the services shall ensure the maintenance of connections to other countries ' eligible intelligence and security services.

  • 2 In the context of the maintenance of connections as referred to in paragraph 1, data may be provided to these bodies for the purpose of interests to be represented by those bodies, provided that:

    • (a) those interests are not incompatible with the interests which the services have to represent; and

    • b. satisfactory performance by the services is not opposed by the services.

  • 3 On the provision of information as referred to in the second paragraph, Article 37 , 41 and 42 applicable mutatis mutandis.

  • 4 In the context of the maintenance of connections as referred to in paragraph 1, technical and other forms of support may also be provided to those bodies for the purpose of making a written request to the latter. bodies to represent interests, in so far as:

    • (a) those interests are not incompatible with the interests which the services have to represent; and

    • b. satisfactory performance by the services does not preclude the provision of the relevant form of support.

  • 5 A request for support referred to in paragraph 4 shall be signed by the competent authority of that authority and shall include a precise definition of the form of assistance requested and the reason for the request Support is considered desirable. The requested support shall be granted only if it has been obtained from our Minister concerned.

  • 6 Our Minister concerned may authorise the grant of an authorisation as referred to in paragraph 5 only to the Head of the Service, in so far as it concerns requests of an urgent nature. Our Minister concerned shall be informed immediately of any authorisation granted by the Head of the Service.


Section 5.2. Cooperation with other bodies

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Article 60

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  • 1 The chief constable of a regional unit, the commander of the Royal Marechaussee, the Director-General of the Ministry of Finance, the Director General of the Ministry of Finance, to carry out the General Intelligence Service (S). and Security Service.

  • 2 Our Ministers subject to the officials mentioned in paragraph 1 shall point to the Chief Minister of Bonaire, Sint Eustatius and Saba, in agreement with our Minister of the Interior of the European Union. Cases and the relations of these officials shall be the subject of the effective implementation and control of the activities referred to therein.

  • 3 The work referred to in this Article shall be carried out under the responsibility of Our Minister of Internal Affairs and Kingdom Relations and in accordance with the instructions of the Head of the General Intelligence and Security Service.


Article 61

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  • 1 The members of the Prosecutor's Office shall, through the intervention of the Board of Attorney General or, as far as appropriate, the Prosecutor General, as provided for in the Law of the Law of the Public Ministries of Curaçao, of Sint Maarten and of Bonaire, Saint Martin and Saint Martin. Eustatius and Saba, communication of the information which they consider to be of interest to a service, to that service.

  • 2 Whenever the performance of the task of the State Department and of a service gives rise to that, a member of the College of Prosecutors General or, as far as applicable, the Attorney General, as referred to in the Law on State Law. public ministries of Curaçao, of Sint Maarten and of Bonaire, Sint Eustatius and Saba, and the head of the relevant service consultations.


Article 62

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The officials of the police, the officials of the tax authorities responsible for customs and the officials of the Royal Marechaussee, shall inform the Commission of the information which may be given to a service, which may be of interest to them. Article 60, first paragraph , as an official to whom they are subordinate. By way of derogation from the first sentence, the communication of officials of police officers employed in a regional unit shall be made to the police chief of the regional unit concerned. The official referred to in Article 60, first paragraph, to which the communication is made, shall transmit the information to that service.


Article 63

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  • 1 The services shall be responsible for the written request of the competent authority to provide technical support to the authorities responsible for the detection of criminal offences. Article 58, third paragraph , shall apply mutatis mutandis.

  • 2 Our Minister concerned is empowered to contact our Minister of Security and Justice with the written request for technical assistance to the service concerned in the performance of his or her task by one or more of the members of the Minister for Security and Defence. National units of the police force. Article 58, third paragraph , shall apply mutatis mutandis.

Chapter 6. Monitoring and complaint handling

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Section 6.1. Establishment, composition and other special provisions relating to the monitoring committee

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Article 64

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  • 1 There is a committee of supervision of the intelligence and security services.

  • 2 The monitoring committee shall be responsible for:

    • a. Supervision of the legality of the execution of what is in or under this Act and the Safety Investigations Act has been set;

    • (b) inform and advise the relevant Ministers concerned about the findings of the committee. If so requested, the Committee may ask our Ministers concerned to provide such information and advice to one or both of the Chambers of the States-General, the method of operation described in the Article 79 is applicable mutatis mutandis;

    • (c) advising our relevant Ministers on the subject of investigations and assessment of complaints;

    • d. Advise the unsolicits of our relevant Ministers in the matter of the implementation of Article 34 .


Article 65

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  • The Commission of the Supervisory Board shall consist of three members, including the Chairman.

  • 2 Members are appointed by royal decree on a proposal from Our concerned Ministers jointly for a period of six years and can be reappointed only once. For the appointment of members, the Second Chamber of the States-General of the European Union shall make a proposal from three persons per vacancy making a choice of our Ministers concerned. In its proposal, the Court of First Instance considers itself to be such as to prevent it from being included in a list of recommendations made jointly by the Vice-President of the Council of State, the President of the Hoge Raad der Nederlanden and the National Ombudsman. At least three candidates per vacancy.

  • 3 Our concerned Ministers may request the Second Chamber to submit a new nomination.

  • 4 To at least two of the three members, including the chairman, serves either by a university or the Open University at which the Law on higher education and scientific research The degree Bachelor in the field of law and also the degree Master in the field of entitlement, or at least two of the three members, including the President, at a university or the Open, are subject to a degree of University at which the Law on higher education and scientific research It relates to the doctorate in law or to the right to have the title master.

  • 5 Before taking up their duties, the members shall, in the hands of the Minister-President, Minister for General Affairs, resign:

    • a. the oath or declaration and promise that they have given or promised to anyone, directly or under whatever pretext, until they obtain their appointment, under whatever name or under whatever pretext, as well as that they may do something in office or have either directly or indirectly adopted or will assume any gift or promise;

    • b. the oath or promise of allegiance to the Constitution .

  • 6 Members shall have the nationality of the Netherlands.

  • 7 Members do not perform any relationship whose exercise is not desired for the purpose of proper performance of their duties or on the maintenance of their impartiality and independence or of confidence in it.

  • 8 The relations of its members shall be made public by the President.


Article 66

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The members of the Supervisory Board shall be dismissed by royal decree, acting on a proposal from our relevant Ministers, as follows:

  • a. at the request of the person concerned;

  • b. where the person concerned is permanently unfit to function as a result of diseases or defects;

  • c. in the acceptance of a relationship as intended Article 65, seventh paragraph ;

  • d. in the event of the loss of Nederlandership;

  • e. where a person has been sentenced to an irrevocable order for a crime, or has been subject to a measure of deprivation of liberty in the case of such a judgment;

  • f. where the person concerned has been adjudicated under an irrevocable order, has been declared bankrupt, has been receiverted, has obtained surseance of payment or has been held hostage by reason of its debts;

  • g. when, in the judgment of Our Ministers concerned, the Second Chamber of the States-General, after hearing the judgment of the Member States-shall, by acting or failure to act, seriously prejudice the trust which it is to have in his opinion.


Article 67

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  • 1 Jointly, a member of the Supervisory Board shall be jointly informed by Our Concerted Ministers, in the case of:

    • (a) he is in custody;

    • b. he has been convicted of a criminal offence in a judgment which has not yet become irretrievable or has been subject to a measure involving deprivation of liberty in the case of such a judgment;

    • (c) he has been placed under receivership, declared bankrupt, has been subject to payment of a payment or has been held hostage by reason of a court ruling that has not yet become irretrievable.

  • 2 A member of the commission may be placed on a non-active basis by our relevant Ministers if he is being prosecuted for a crime or if there is any serious suspicion of the existence of any facts or circumstances which may lead to dismissal, other than on grounds mentioned in Article 66 (b) -Could lead.

  • 3 In the case referred to in the second paragraph, the non-activity shall end after three months. The non-activity may be extended by the Ministers concerned for a period of not more than three months. The non-activity shall be terminated jointly by Our Concern Ministers as soon as the ground for non-activity has expired.


Article 68

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In the case of a general measure of management, remuneration, claims in the event of illness, and other rights and obligations relating to the legal status of the members of the Supervisory Board shall be settled, if not so far as they are concerned, The law is provided.


Article 69

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  • 1 The monitoring committee shall be provided with support to a Secretariat.

  • 2 The persons belonging to the Secretariat are hereby appointed, on a recommendation from the President of the Commission, on a proposal from the President of the Commission, to be suspended and dismissed by royal decree.

  • 3 By royal decree, acting on a proposal from Our Ministers concerned, the cases in which the persons belonging to the Secretariat may be appointed, suspended and dismissed by the President of the Committee may be determined.


Article 70

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The members of the Supervisory Board, as well as the persons belonging to the Secretariat, shall be Article 10, first and second paragraphs , by analogy, except that the waiver provided for in the second paragraph , is granted by our Minister-President, Minister of General Affairs.


Article 71

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The Supervisory Board shall draw up a regulation of procedure for its work. This Regulation shall be placed in the Official Journal.


Article 72

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The meetings of the Supervisory Board shall not be public.


Section 6.2. The task implementation by the monitoring committee

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Section 6.2.1. General provisions governing the monitoring of

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Article 73

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  • 1 Our relevant Ministers, the Heads of Services, the Coordinator and also any person involved in the implementation of this Law and the Safety Investigations Act provide the monitoring committee with all information upon request and all other cooperation which it considers necessary for the proper exercise of its task. The Supervisory Board shall be granted direct access to those in the framework of the implementation of this Act and the Commission on request. Safety Investigations Act processed data.

  • 2 In the case of the provision of information referred to in paragraph 1, where appropriate, information shall be given, in the interests of national security, for the exclusive knowledge of the supervisory board. stay.


Article 74

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  • 1 The supervisory committee may, if it considers that it is necessary for the proper exercise of its task, the persons referred to in Article 1 (2). Article 73, first paragraph , and other persons as witnesses or as an expert to request information and to make these calls for her to appear before her.

  • 2 The request shall be made in writing and shall list as much as possible the facts to be provided by the witness or expert information. If the witness or expert has been summoned to appear before the committee, the request shall also indicate the place and time at which it is to be heard and the consequences of the failure to appear. The summons to appear shall be made by registered letter or by letter of acknowledgement of receipt.

  • 3 The witness or expert shall be required to provide all the information which the supervisory board considers necessary for the proper exercise of the duties and, if the supervisory committee has indicated that in its request, to be in person to appear. The upkeep may be assisted by a counsellor.

  • 4 The obligation to appear before the committee does not apply to our concerned Ministers. When a minister does not appear, he will be represented.

  • 5 If an official involved in the implementation of this Law is acting as a witness or expert pursuant to this Article, Article 86, second paragraph , not applicable.

  • 6 The supervisory board may order that persons who, although legally called upon, have not appeared, are brought in for her by public power to meet their obligations.

  • 7 The witness or expert may be required to supply information on account of a secret of duties or of professional secrecy, but only in so far as the information of which the science is entrusted to him as such is concerned.


Article 75

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  • 1 The commission of supervision may order that witnesses will not be heard than after taking the oath or promise. In that case, the witness shall, in the hands of the chairman of the supervisory board, take the oath or promise that he shall say the whole truth, and nothing but the truth.

  • 2 The experts shall be obliged to perform their duties impartially and at the best of their duties.


Article 76

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  • 1 The supervisory committee is empowered to carry out certain work on experts, if a sound task of action makes it necessary.

  • 2 The expert who has accepted his mission is obliged to perform his duty impartially and in a way that is best known.


Article 77

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The Supervisory Board or an appropriate member of the Supervisory Board shall be entitled to enter all places, with the exception of a dwelling without the permission of the occupant, to the extent that it is reasonably necessary for the performance of its task. The committee or the nominated member may be accompanied by persons from the Secretariat designated by the Chair, as referred to in Article 4 (2). Article 69 .


Section 6.2.2. The exercise of supervision

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Article 78

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  • 2 The monitoring committee may also carry out an examination as referred to in paragraph 1 on a request for that purpose from each of the two Chambers of the States-General.

  • 3 It shall be communicated to our Minister concerned, together with one or both of the Chambers of the States-General, of a proposed investigation, confidential if necessary.


Article 79

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  • 1 The monitoring committee shall draw up a surveillance report on the basis of the investigation it has carried out. The surveillance report shall be public, with the exception of data as referred to in Article 8, third paragraph .

  • 2 Before adopting the surveillance report, the Supervisory Board shall give the Minister concerned the opportunity to respond to the findings of the surveillance report within a reasonable period of time specified by the Commission.

  • 3 Upon receipt of the response of Our Minister concerned, the Supervisory Board shall establish the surveillance report. It may, in response to its findings, make recommendations to our Minister concerned on any action to be taken.

  • 4 The surveillance report shall be sent to our Minister concerned after adoption by the Commission.

  • 5 Our Minister concerned shall send the surveillance report and its response to the two Chambers of the States-General within six weeks. Indication of at least the data referred to in the Article 8, third paragraph That's not the way to go. Such information may be communicated to one or both of the States-General's Chambers for confidential knowledge.


Section 6.3. Reporting by the monitoring committee

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Article 80

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  • 1 The monitoring committee shall draw up a public report of its activities by 1 May each year. The report shall be presented to both Chambers of the States-General and to our Ministers concerned. The provisions of Article 8, third and fourth paragraphs shall apply mutatis mutandis.

  • 2 The public annual report is published in general.


Section 6.4. Other provisions relating to the monitoring commission

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Article 81

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  • 1 Data provided by Our Concerted Ministers, Heads of Services, Coordinator and other in the implementation of this Act and the Safety Investigations Act Officials involved in the exercise of the task of the supervisory board have been provided by the supervisory committee and are not in public.

  • 2 Requests for notification or disclosure of such information shall be refused.

  • 3 Article 44 shall apply mutatis mutandis to the archiviers based on the Supervisory Board, subject to the understanding that our Minister concerned shall be read: Our Minister concerned.


Article 82

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Article 15 and 16 shall apply mutatis mutandis to the monitoring committee.


Section 6.5. The treatment of complaints

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Article 83

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  • 1 Everyone has the right to complain to the National Ombudsman about the action or the alleged actions of Our Concerted Ministers, the heads of the services, the coordinator, and the persons employed for the services and coordinator. against any natural or legal person for the purposes of this Act or the Safety Investigations Act .

  • 2 Before filing a complaint with the National Ombudsman, the complainant informs the Minister concerned of the complaint and informs them of the complaint and gives it the opportunity to comment on it.

  • 5 If, under his responsibility or the monitoring committee, our Minister concerned is obliged to produce documents, it shall be sufficient to give access to the documents concerned. A copy of the documents in question may not be produced in any way.


Article 84

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  • 1 The National Ombudsman shall give his opinion on the complaint in writing and, in so far as the security or any other important interests of the State do not oppose it, shall state the grounds on which the complaint is made to the complainant.

  • 2 The National Ombudsman shall notify his assessment of the complaint in writing to our Minister concerned. The National Ombudsman may, on the basis of that communication, give reasons for the recommendations he considers appropriate. The National Ombudsman may, if the scope of the recommendations to that effect, give rise to the opinion of the complainant, which also inform the complainant.

  • 3 Our Minister concerned shall inform the National Ombudsman in writing within six weeks of the impact he will have on the judgement and the recommendations.

  • 4 Our Minister concerned sends the opinion of the National Ombudsman, his recommendations, and the Minister concerned, to one or both chambers of the States-General. Indication of at least the data referred to in the Article 8, third paragraph That's not the way to go. Such information may be communicated to one or both of the States-General's Chambers for confidential knowledge.

Chapter 7. Confidentiality

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Article 85

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  • 1 Without prejudice to: Articles 98 to 98c of the Penal Code or Articles 104 to 104c of the Penal Code of Criminal Code BES, any person involved in the implementation of this Act is given the information of which he knows the confidential nature or should reasonably be subject to the law. Presumption of secrecy, except in so far as any provision of law requires it to be disclosed. This obligation shall continue, once it has been involved in the implementation of this Act.


Article 86

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  • 1 The obligation to secrecy of an official involved in the implementation of this law shall not apply to him to whom the official is secondary or immediate, or in so far as he has been given by an official of his or her own authority. obligation has been made redundant.

  • 2 The official referred to in paragraph 1, which is required by a legal provision to act as a witness or expert, shall make a statement only on the extent to which his obligation to secrecy extends, to the extent that the official Our Minister of State and our Minister for Security and Justice together have released him in writing of the obligation to do so. It shall apply to officials who, in their duties, have knowledge of the information provided under Article 36, first paragraph, points (a) and (b) 'Our Minister concerned' means: Our Minister responsible for the service provided by the service.

  • 3 This Article shall apply mutatis mutandis in the event that they are involved in the implementation of this Act.


Article 87

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  • 1 By administrative procedures relating to the application of this Act or the Law on Security Studies in which our Minister or the Supervisory Board of the Court of Justice or the Court of First Instance shall, in accordance with Article 8:27 , 8:28 or 8:45 of the General Law governing law Article 23, 28 and 29 of the Law on Administrative Law BES is required to provide information or to provide documents, Article 8:29, third to fifth members, of the General Law on administrative law Article 24, third to fifth paragraphs, of the Law on Administrative Justice BES outside the scope of the Act. If the Minister concerned or the supervisory committee informs the Court of First Instance or the Court of First Instance that only it will be able to take note of the information, the court may only deal with the documents to obtain the consent of the other parties on the basis of such information or documents. If the Minister concerned or the monitoring committee refuses to supply information or to produce documents, the Court of First Instance or the Court of First Instance may, on the basis of such information or the provision of documents, make the inferences that have been taken to prevent them.

  • If the Court of First Instance or the Court of First Instance must be submitted to the Court of First Instance or the Court of Justice, if it is to be submitted to the Court of Justice or the Court of Justice, it shall be sufficient to give access to the documents in question. A copy of the documents in question may not be produced in any way.


Article 88

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If, for the purposes of the decision on an objection to a decision of Our Minister in question, an advisory committee as referred to in Article 7:13 of the General Administrative Law Act is set up, does not come to that committee, intended to Article 7:13, 4th paragraph, of the General Law governing the administrative law in so far as it relates to the decision on the application of Article 7:4, 6th paragraph, of the General Law governing the administrative law . The exercise of this competence remains reserved for our Minister concerned.

Chapter 7a. Bonaire, Sint Eustatius and Saba

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Article 88a

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This law shall also apply in the public bodies of Bonaire, Sint Eustatius and Saba, taking into account the provisions of this Chapter.


Article 88b

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For the application of this law in public bodies Bonaire, Sint Eustatius and Saba is the General law on indoor reason applicable.


Article 88c

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  • 1 The persons and bodies responsible for the provision of telecommunications services for third parties by the Law on Telecommunications Services for or under the Law of the Telecommunications Services are obliged to cooperate in the implementation of the special powers of as intended in the Articles 25 , 28 and 29 of the Law, in so far as it relates to the collection or inclusion of telecommunications and the provision of data on a user and the telecommunications sector in respect of that user. In this context, a user is defined as the natural or legal person who has entered into an agreement with the person or body referred to in the first sentence with regard to the provision of telecommunications services, as well as to the natural or legal person whose telecommunications traffic is concerned.

  • Our Minister of Home Affairs and Kingdom Relations, Our Minister of Defence and Our Minister of Economic Affairs together may, in special cases, exempt the persons and bodies referred to in the first paragraph from the an obligation to cooperate.

Chapter 8. Penalty, transitional and final provisions

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Article 89

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  • 2 Offences of offences which are punishable under the first paragraph shall be criminal offences in so far as they have been committed intentionally. In so far as they are not felonies, they are offences.

  • 3 Offence of offences punishable in the first member is punished

    • a. In the event of a crime, with a maximum of two years ' imprisonment or a fine of the fourth category;

    • b. In the event of an infringement, with custody of up to six months or a fine of the fourth category.


Article 90

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On data processed by or for the benefit of intelligence and security services that have been removed, the Articles 15 , 16 , 36 , 41 , 42 , 43 , 44 , as well as the Chapter 4 , 6 and 7 mutatis mutandis, subject to the relevant powers and obligations of our Minister with whom the relevant information is based.


Article 91

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The General administrative law Or the applicable administrative law in the public entities Bonaire, Sint Eustatius and Saba, including in any case the right provided for in the obligation to publish decisions, and to the possibility of objecting and appeal against this, does not apply to the preparation, establishment and implementation of decisions on the basis of Article 6, second paragraph, points (d) and (e) , Article 7, second paragraph, points (e) and (f) On the basis of the Chapter 3 and 5 in the context of the performance of the tasks referred to in point (a), (d) and (e) of Article 6 and point (a), (c), (d), (e) and (f) of Article 7, as well as Article 86, second paragraph, first sentence .


Article 92

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Code of Criminal Law.]

Article 93

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the General Administrative Law Act.]

Article 94

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Civil Service Act.]

Article 95

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Safety Investigates Act.]

Article 96

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modid the Law of Police Register.]

Article 97

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to the Law of 5 April 2001 amending provisions relating to the processing of personal data (Stb. 180).]

Article 98

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  • 1 To requests for information on the basis of the Law open-to-board in respect of data submitted by or for the benefit of the services submitted before the entry into force of this Act, the provisions of That Act applicable.

  • 2 The first paragraph shall apply mutatis mutandis where requests for information relate to data processed by the coordinator or by information and security services which have been removed.


Article 99

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Article 34 shall not apply in respect of special powers exercised by the services as referred to in Article 3 (1) of the Treaty. the first member of that Article which have taken place before the date of entry into force of that Article .


Article 100

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[ Red: Modification of the Telecommunication Act.]:


Article 101

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Article 102

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Article 103

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The Law on intelligence and security services shall be withdrawn.


Article 104

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After the entry into force of this law, the designation scheme shall be based on a special service Koninklijke marechaussee. Article 60, second paragraph -From this law.


Article 105

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  • 1 The articles of that law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.

  • 2 Before the publication of this law, our Prime Minister, Minister of General Affairs, re-establishes the numbering of the articles, paragraphs and chapters of this Law, he brings the citations of articles in this Act, paragraphs and chapters in accordance with, and replaces, the term "19 .." in this Act by the year of the Official Gazette, in which this law will be placed.


Article 106

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This law is cited as: Law on intelligence and security services, indicating the year of the Official Gazette in which it is to be placed.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at Lech, 7 February 2002

Beatrix

The Minister-President, Minister for General Affairs,

W. Kok

The Minister of Home Affairs and Kingdom Relations,

K. G. de Vries

The Minister of Defence,

F. H. G. de Grave

The Minister of Justice,

A. H. Korthals

Published on the 26th March 2002

The Minister of Justice,

A. H. Korthals