In the Government Gazette of November 5, 2020, the "temporary regulation on further processing bulk datasets Wiv 2017" was published (Government Gazette 2020, 56482). In it, the Minister of the Interior and Kingdom Relations and the Minister of Defense set further rules regarding some aspects of the working method regarding the further processing of bulk datasets acquired by the AIVD and MIVD under the Wiv 2017.
Regarding its oversight role in this regard, the CTIVD notes the following:
In the recent oversight reports on the collection of bulk datasets with the hacking authority and their further processing by the AIVD and MIVD and on the collection and further processing of airline passenger data by the AIVD and MIVD (Reports Nos. 70 and 71), the CTIVD recommended that an overarching policy for bulk datasets should be made regardless of the authority with which they were obtained. The temporary arrangement can be placed in light of this recommendation.
As the explanation of the regulation also indicates, this regulation does not affect the full applicability of the provisions of the Intelligence and Security Services Act. The CTIVD's supervision is based on this - also taking into account developments in case law. This means, among other things, that it is tested against general requirements of necessity, proportionality, subsidiarity and targeting. Rules relevant in this context can be found in particular in Sections 17 to 30 of the Wiv 2017.
When deploying special powers, such as the hacking power, Article 27 Wiv 2017 requires the relevance of the data in a bulk dataset to be determined within a maximum period of one and a half years. The law does not allow this relevance assessment to take place at the bulk dataset level. Furthermore, the same article of law provides that bulk datasets whose relevance cannot be determined in accordance with the law must be destroyed (data reduction is an important aspect of the Wiv 2017). The CTIVD made this known in Report No. 70 in line with what was previously stated about this in the preliminary reports regarding the implementation of the Wiv, Report 66 and Report 69. These reports contain a more comprehensive description of the CTIVD's analysis of bulk datasets and its position on them.
The CTIVD considers the above in its further judgment on the temporary regulation or its application.
Read here the Parliament letter regarding the Temporary arrangement further processing bulk datasets Wiv 2017
