Master thesis | Crisis and Security Management (MSc)
open access
This study focuses on the changing legislation towards protecting national security and the consequences of those changes regarding the legal protection of civil rights. Through an analysis of a...Show moreThis study focuses on the changing legislation towards protecting national security and the consequences of those changes regarding the legal protection of civil rights. Through an analysis of a longitudinal case study (1987-2021), the question has been answered what the possible consequences will be for the legal protection of civil rights after the last revision of the Dutch Intelligence and Security Service Act 2017 (Wiv 2017) which took place in 2021. This revision contains extensions regarding intelligence sharing operations of the Dutch intelligence and security services. This means that fundamental civil rights stated in the European Convention of Human Rights could be more easily affected than before. This will be the case when foreign intelligence and security services share the received intelligence with third parties without consent from the Dutch intelligence and security agencies. Additionally, shared intelligence might thus be more easily used by the receiving agency for harmful purposes that do not correspond with the interest of the Dutch intelligence and security services and the Dutch state. Moreover, the receiver agency might interpret the intelligence regarding a citizen that this person is perceived as serious terrorist threat by the sending agency and therefore affect the life of the person in question. Thus, incorporating the ex-ante review of the Review Committee on the Deployment of Powers (TIB) besides the authorization of the appointed minister and ex-post review of the Intelligence and Security Services Oversight Committee (CTIVD) might improve the actual legal protection of the fundamental civil rights in the Dutch society.Show less
This thesis investigates the presence of biopolitical discourse, based on Foucault's concept of biopolitics, in the Dutch debate surrounding the new intelligence services law (Wiv 2017). This...Show moreThis thesis investigates the presence of biopolitical discourse, based on Foucault's concept of biopolitics, in the Dutch debate surrounding the new intelligence services law (Wiv 2017). This thesis argues that governmental political parties justify the implementation of the Wiv by referring to international threats and the necessity to tackle these threats by measures that invade the privacy of individual citizens.Show less
