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Wednesday, March 12, 2014

Dutch secret services may violate law by collecting data

The AIVD intelligence and DISS violated the law in collecting data. That does not happen systematically, claims a supervisor. At other points, the law technological developments used in a way that is not provided.

The secret service AIVD and DISS, military intelligence, among others violated the law by hacking into computer systems. In principle, the services that may, but the way they use the so-called hack power is not always legitimate. That concludes the Review Committee on the Intelligence and Security in a report that the House had asked for. Part of the report is confidential and will only be shared with the government and parliament.

According CTIVD services use the hack power sometimes to collect in a way that in practice is equivalent to draining the Internet information. For draining the Internet should be given to the minister, but that happens in these cases. The consent of the Minister may otherwise not be taken literally, he may delegate his permission.

At other times AIVD staff collect information in a way that is comparable to a tap, without permission is requested. It is for example used an agent who then put a tap, where the secret service just asks permission for the use of the agent, and not placing the tap. That explained the chairman of the CTIVD, Harm Brouwer, add in a broadcast Nieuwsuur.

DISS additionally sometimes violates the law in analyzing metadata, judges CTIVD. That happens new targets are set, based on metadata and without the consent of the Minister. Remarkably, the CTIVD in 2011 even ruled that this practice was not right. Also, without the consent of the Minister metadata searched in cooperation with foreign intelligence services.

In a broadcast on Tuesday Nieuwsuur parliamentarians VVD, PvdA and D66 gifts to be better monitoring of secret services. To favor However, the government is not going to change some, control the government writes in his letter to the Lower House.

Although the law is being broken here and there, that does not happen systematically judges the CTIVD. At other points are well respected law on paper, but powers are used in a way that was impossible to predict when designing legislation, which dates from 2002. According to the committee, the secret services collect data from many private chats, e-mails and phone calls, as well as metadata. That "potential invasion of privacy" was under the CTIVD not foreseen in 2002.

At other points, the current law does not provide sufficient protection for privacy. This happens for example in gathering and analyzing metadata from the ether is picked. According to the regulator, the use of that power is not good enough motivated and there are not enough safeguards for privacy. There must also be at the hacking of web forums, which last fall showed that GISS did, more attention to the privacy of the users of the forums.

The secret services regularly exchange information with intelligence agencies of other countries, writes the regulator. These include the raw data, which have not yet been processed information, which may be shared. Systematic basis It induces the Dutch secret services assume that human rights and local laws are respected by the service. The Supervisor should be further considered whether that is justified, "in light of the revelations of the past period. Well

At other points, the secret services do well to adhere to the law. Internet connections are not so unfocused drained, something that currently can not do, but what the secret services want and where possible, legislation is to make it possible. well Also, there is no evidence that the secret foreign intelligence services deliberately ask to collect which they can not collect. Yourself information Other secret services were called earlier this reproach.

The government promises improvements in a number of points. Where legislation is used in a way that was not foreseen when drafting the law, the law changed. The Minister must also give permission for the exchange of large amounts of raw data with foreign intelligence services.

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