What is a lawfulness review?

The Oversight Department assesses the lawfulness of the AIVD and MIVD’s conduct. This means that the Department assesses whether the AIVD and MIVD’s conduct is in accordance with the framework of the law. In particular, this concerns the Intelligence and Security Services Act 2017 (ISS Act 2017) and the Security Screening Act. When the AIVD and MIVD’s conduct falls outside the legislative framework, the Oversight Department will assess this as unlawful.

The Oversight Department does not assess the efficiency of the AIVD and MIVD’s conduct. That means that the Oversight Department does not assess whether the AIVD and the MIVD use their investigatory powers efficiently. In summary, the Oversight Department only assesses whether the AIVD and MIVD’s conduct is legally correct.