Providers of communications services (i.e. natural or legal persons that, in the exercise of a trade or profession, offer users of its service the option to communicate using an automated information system, or that process or store data for a service of this kind or the users of said service).

Draft Decree on data provision for the investigation of communications under the Intelligence and Security Services Act 2017 [Wet op de inlichtingen- en veiligheidsdiensten – Wiv 2017]

The Wiv 2017 provides for the option for case-specific interception in both the wired and wireless domains (Article 48 of the Act), as well as the option for targeted interception (Article 47 of the Act). The exercise of these powers, in particular with case-specific interception, shall require the ability to request certain information from communication service providers; the providers shall be obligated to provide this information. This information is needed for proper drafting of an interception order and, subsequently, for precise description of the cooperation required of the provider in the exercise of the interception power in question. In this regard, Article 2 of the draft decree indicates the data that may be requested in the exercise of the targeted interception power, and Article 3 thereof indicates the data needed in the exercise of the case-specific interception power. The explanatory memorandum to the draft decree sets out the reasons why each indicated category of data is included and why the data must be provided.

Article 55 Wiv 2017 also provides for the power to request data on a user and on the communications traffic associated with that user (traffic data) from communication service providers. It also provides for the power to request location data. The corresponding data must be designated in a general administrative regulation (exhaustive); Article 4 of the draft decree provides for this. Section 3.2 of the explanatory memorandum provides further information on the designated data. The data designated in Article 4 largely corresponds to that included in the decree from Article 28 Wiv 2002 (notified under No 2004/495/NL), which shall be repealed by entry into force of the new decree.