So, Dutch intelligence basically has legal leeway to pry anywhere. But I'm curious how they would hand over some "fact" to Police whom cannot normally access that information without some kind of warrant or legal approval from public prosecution.
Yes, parts of this law are very likely to be struck down by the European Court of Human Rights, if a case ever gets there. Specifically the 100% automatic powers to hack and intercept anyone who is hacked by state backed hackers are pretty unlikely to be legal under the ECHR.
There is literally nothing that can win against national security as "state actors (Russia, China, even mentioned in the text) trying to sabotage your infrastructure - look we have evidence but we're not gonna share it with the public".
Comments
(happy to elaborate if there are any questions)
So, Dutch intelligence basically has legal leeway to pry anywhere. But I'm curious how they would hand over some "fact" to Police whom cannot normally access that information without some kind of warrant or legal approval from public prosecution.
How does that work in practice (under Dutch law)?
If they find something that is really criminal they can notify the police, but it is not straightforward. Search for "ambtsbericht".
There are ways to inform the police, but they need to do "parallel construction" to allow information in court.
Isn't there any European law that could stop this exaggerated and self-granted power?
Yes, parts of this law are very likely to be struck down by the European Court of Human Rights, if a case ever gets there. Specifically the 100% automatic powers to hack and intercept anyone who is hacked by state backed hackers are pretty unlikely to be legal under the ECHR.
There is literally nothing that can win against national security as "state actors (Russia, China, even mentioned in the text) trying to sabotage your infrastructure - look we have evidence but we're not gonna share it with the public".
Do you mean that's a specific legal argument that is upheld in European courts or Dutch courts?
No, I would say that's just life experience until now.
Nothing ever wins against "we need to keep the country safe".