Access to Justice for Communications Surveillance and Interception: Scrutinising Intelligence-Gathering Reform Legislation

Abstract

By analysing intelligence-gathering reform legislation this article discusses access to justice for communications interception by the intelligence and security services. In the aftermath of the Snowden revelations, sophisticated oversight systems for bulk communications surveillance are being established across the globe. In the Netherlands prior judicial consent and a binding complaint procedure have been established. However, although checks and balances for targeted communications interference have been created, accountability mechanisms are less equipped to effectively remedy indiscriminate interference. Therefore, within the context of mass communications surveillance programs, access to justice for complainants remains a contentious issue.

Keywords

• communications surveillance
• mass surveillance programs
• bulk interception
• targeted interference
• access to justice
• effective remedy
• complaint procedure
• intelligence and security services