AIVD (Algemene Inlichtingen- en Veiligheidsdienst)

From the BVD to the AIVD

According to the Parliamentary Documentation Centre in Leiden, the AIVD's predecessor was the Bureau Nationale Veiligheid of 1945, which became the Centrale Veiligheidsdienst in 1946 and the Binnenlandse Veiligheidsdienst (BVD, National Security Service) in 1949. The BVD name lasted until 2002.²

The AIVD's 2002 annual report states that the name changed when the new Intelligence and Security Services Act came into force on 29 May 2002. The Act gave the AIVD a new foreign intelligence task: the topics are designated by the Prime Minister together with the Ministers of the Interior and of Defence, and the designation is published in the official gazette. In the second half of 2002 six topics were designated, including the infrastructure of international terrorism and the proliferation of weapons of mass destruction.¹

The Wiv 2017 and the referendum

The Tweede Kamer (House of Representatives) passed the new Act on 14 February 2017 and the Eerste Kamer (Senate) on 11 July 2017. The Act replaced the Wiv 2002, gave the AIVD and the military MIVD powers to investigate cable-based communications, and introduced prior review by the independent TIB committee (Toetsingscommissie Inzet Bevoegdheden, Investigatory Powers Commission) of the use of special powers such as interception and hacking into systems; the CTIVD became a body that handles citizens' complaints with binding effect.³

In the advisory referendum of 21 March 2018, 49.44% of voters were against the Act and 46.53% in favour. On 6 April 2018 the government announced that it would be tightened, including cable interception that is as targeted as possible, an annual decision on data retention instead of an automatic three years, and sharing unevaluated data with foreign partners only once the assessment of the partner concerned (wegingsnotitie) has been completed.⁴

A decree of 18 April 2018 brought most provisions of the Wiv 2017 into force on 1 May 2018.⁵

Tasks and oversight

The AIVD reports to the Minister of the Interior and Kingdom Relations, who is answerable for it to the Tweede Kamer. It investigates threats to national security at home and abroad, including terrorism, cyber threats, political extremism, undesirable interference by foreign states and proliferation. An independent oversight committee (CTIVD) has access to all documents and reports every year.^1,2