In order to assess which countries the services can share information with, weighting notes are drawn up on cooperation partners. These notes must be kept up to date and provide information on the basis of five criteria provided in law:
- a) the “democratic embedding” of the intelligence and security services in the country concerned;
- b) the respect for human rights in the country concerned;
- c) the professionalism and reliability of the service concerned;
- d) the legal powers and capabilities of the service in the country concerned;
- e) the level of data protection maintained by the service concerned.
Based on the five criteria listed above, Dutch intelligence services have to submit a weighting note for each foreign partner service they cooperate with. The weighting process requires several compulsory risk assessments on the basis of such notes. In addition, the pertinent policy rules from April 2018 state that unevaluated data from bulk cable interceptions may not be exchanged without the existence of a weighting note that covers this type of exchange. Put differently, in the absence of a weighting note for such a case, no sharing of unevaluated data can be authorized by the responsible minister. The Dutch review body, the CTIVD can review the notes and report to parliament whether it found them to be correct and adequate.