Today, the Intelligence and Security Services Regulatory Commission (CTIVD) published an oversight report (No. 79) on the deployment of virtual agents by the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD).
Virtual agents are agents used in an online environment. This is allowed by law.
From Jan. 1, 2020, to June 1, 2023, the CTIVD randomly reviewed for legality the use of agent powers with respect to five virtual agents of the services.
These virtual agents acquired bulk datasets or other data in an online environment and through online trading sites.
The CTIVD concludes that the services generally act lawfully when deploying virtual agents. For example, the services have taken measures around the security of the agents.
Agents' secrecy is also legitimately regulated and the reporting of online operations is in order.
However, the CTIVD did find a number of irregularities and carelessness within the investigation period.
For example, the required consent applications for the agents' deployment were not properly substantiated in all respects and, in one case, were not properly recorded.
Furthermore, at the MIVD, one agent's initial authorization to commit crimes had not been renewed in a timely manner even though those crimes were committed during the relevant period.
Also, in one case, the wrong legal basis was used for deployment. Finally, considerations around data minimization need to be better defined as far as bulk datasets are concerned.
The services have already implemented improvements as a result of the investigation. In addition, the CTIVD makes recommendations for both services to prevent the irregularities found in the future.
The Minister of Interior and Kingdom Relations and the Minister of Defense endorse the report's conclusions and adopt its recommendations. The ministers sent the report to the House and Senate on September 9, 2024.
