Legal uniformity consultations

The Review Board on the Use of Powers (TIB) assesses in advance whether the use of a number of special investigatory powers by the AIVD and the MIVD (the services) is lawful. The CTIVD assesses whether the AIVD and the MIVD abide by the law. Its assessment is conducted in retrospect and can be more in-depth because the CTIVD has independent access to the systems and staff of the AIVD and the MIVD. The TIB and the CTIVD regularly meet for what they call legal uniformity consultations to ensure both bodies interpret the Intelligence and Security Services Act 2017 (ISS Act 2017) in the same way. 

Although this is not laid down in legislation, both bodies have the duty to consult where necessary and preserve legal uniformity. This concerns in particular consensus about the interpretation of legal provisions on special investigatory powers in the ISS Act 2017, to prevent the same legislative provision being interpreted differently. When both oversight bodies have taken a joint position, they inform parliament by a ‘legal uniformity letter’ which is subsequently published on the CTIVD website and the website of the TIB. The legal uniformity letters of the TIB and the CTIVD serve as a framework for the services where it concerns the implementation of that legislation.