What is considered misconduct?

The Intelligence and Security Services Act 2017 (ISS Act 2017) stipulates what constitutes misconduct.

Misconduct exists if the interests of society are at stake and if one or more of the following aspects apply:

  • the law has been violated
  • there is a danger or risk to public health
  • there is a danger or risk to the safety of individuals
  • there is a risk or danger to the proper operation of the public service as a result of an improper act[TC-VU1]  or omission.

What exactly is meant by the interests of society will have to be considered on a case-by-case basis. Contributing factors could be that the situation concerns several individuals, occurs regularly and/or can have severe consequences. It therefore concerns an interest that goes beyond the individual interest.