Onder 3.8 Gerechtshof Den Haag 14 maart 2017

22. The Committee is concerned about the surveillance of communications in the interest of protecting national security, conducted by the National Security Agency (NSA) both within and outside the United States, through the bulk phone metadata surveillance programme (Section 215 of the USA PATRIOT Act) and, in particular, surveillance under Section 702 of the Foreign Intelligence Surveillance Act (FISA) Amendment Act, conducted through PRISM (collection of communications content from United States-based Internet companies) and UPSTREAM (collection of communications metadata and content by tapping fiber-optic cables carrying Internet traffic) and the adverse impact on individuals’ right to privacy. The Committee is concerned that, until recently, judicial interpretations of FISA and rulings of the Foreign Intelligence Surveillance Court (FISC) had largely been kept secret, thus not allowing affected persons to know the law with sufficient precision. The Committee is concerned that the current oversight system of the activities of the NSA fails to effectively protect the rights of the persons affected. While welcoming the recent Presidential Policy Directive/PPD-28, which now extends some safeguards to non-United States citizens “to the maximum extent feasible consistent with the national security”, the Committee remains concerned that such persons enjoy only limited protection against excessive surveillance. Finally, the Committee is concerned that the persons affected have no access to effective remedies in case of abuse (arts. 2, 5 (1) and 17).”

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