Annual report 2004 

Review of 2004

The bombings in Madrid and the murder of Theo van Gogh have resulted in an intensification of the pursuit of a safe society and in particular of the fight against terrorism. In short order a number of extensions to the powers of the police and the Ministry of Justice were implemented or announced, which will result in more and more information on citizens who are not suspects ending up in police files. For years there have been calls for extended powers, but the increased threat of terrorism since September 11, 2001 has made way for a conviction that such an extension is in fact necessary.

Needless to say, the Dutch DPA (Dutch Data Protection Authority) supports the need for the Government to take effective measures to combat terrorism. However, international treaties, European rules, the Dutch Constitution and other laws demand that new powers meet the joint criterion of usefulness and necessity. Legal protection must also be provided for. It may be necessary to venture out in different directions in the battle against the new terrorism, but there is no reason to give up the view that exercise of power and law enforcement must take place within a system of checks and balances: no powers without demonstrable necessity and no powers without the use of these powers being monitored.