The intelligence services AIVD and MIVD are in violation of the law on the collection of data. That happens, however, not systematically, concluded a supervisor. On the other points of the law thanks to technological developments used in a way that is not provided.
According to the CTIVD use the services of the hackbevoegdheid sometimes to collect information in a way that, in practice, is equal to the draining of an internet connection. For the draining of an internet connection must be to the minister’s consent be given, but that’s what happens in these cases. The consent of the minister do not literally to be taken: he can have permission to delegate.
At other times gather AIVD staff information in a way that is similar to a tap, without the need of permission. There is then, for example, an agent deployed, then a tap, in which the secret service only asks permission for the use of the agent, and not the placing of the tap. That explained the chairman of the CTIVD, Harm Brouwer, in a broadcast of Nieuwsuur.
The MIVD is violating moreover, sometimes the law in the analysis of metadata, according to the CTIVD. That happens to be on the basis of metadata new targets be adopted, without the consent of the minister. It is striking that the CTIVD in 2011 already ruled that the practice was wrong. Also, without the consent of the minister of metadata searched in cooperation with foreign intelligence services.
In a broadcast of Nieuwsuur Tuesday night gave members of parliament of the VVD, PvdA and D66, in favour of better supervision of the secret services. The government is, however, not going to what to the monitoring of change, writes the government in its letter to the Second Chamber.
Although the law is violated, that does not happen systematically, according to the CTIVD. On other points it is law on paper, however, complied with, but are the powers used in a way that was not to predict at the design of the legislation, that the 2002 dates. According to the commission, collect the secret services a lot of private information from chat sessions, e-mails and phone calls, as well as metadata. That ‘potential infringement on the right to privacy’ was, according to the CTIVD in 2002.
On other points, the current law is not enough protection for the privacy. That happens, for example, in the collection and analysis of metadata, which from the air is picked. According to the supervisor, the commitment of that authority, and not good enough motivated and there are not enough safeguards for the privacy. In addition, there should be in the hacking of web forums, which last autumn showed that the AIVD did, more attention for the privacy of the users of that forums.
The secret services exchange information regularly with intelligence services of other countries, writes the supervisor. These include raw data files, which is not yet information have been processed, sometimes on a systematic basis, be shared. In addition, the Dutch secret services assumed that the human rights and local laws by the authority to be respected. According to the supervisor need to be well thought out, or that is, ‘in the light of the revelations of the past period’.
On other points, the secret service is good at the law. So are internet connections not undirected drained, something that is not currently allowed, but what the secret services like to and, where possible, legislation is to that as possible. Also, there are no indications that the secret services of foreign intelligence services with design questions to collect information which they themselves cannot collect. Other secret services got the blame rather.
The government promises on a number of points of improvements. Where legislation is used in a way that was not foreseen in the drafting of the law, the legislation is adjusted. Also should the minister give their consent for the exchange of large amounts of raw data with foreign intelligence services.