WASHINGTON (AP) — The Justice Department says it will notify criminal defendants when the government has used evidence against them that was gathered through warrantless surveillance programs.

Department spokesman Brian Fallon said the department is undertaking a comprehensive review to turn up all cases in which such notifications need to be made. Attorney General Eric Holder first disclosed the review in an interview with The Washington Post.

The notifications will set the stage for a likely Supreme Court test of the Obama administration's approach to national security, which uses the National Security Agency's technical capabilities to gather phone and Internet data.