Answers to parliamentary questions on alleged hacking of Gemalto by NSA and GCHQ

Met dank overgenomen van S.H. (Sophie) in 't Veld i, gepubliceerd op woensdag 22 april 2015.

On the 19th of February, In 't Veld demanded clarification on alleged hacking of Dutch sim-card maker by NSA and GCHQ, please find the reply and In 't Veld's response below.

Parliamentary questions:

With reference to writing to the Commission (dated 9/9/2013) on alleged hacks into the Dutch based SWIFT-server and Written Questions on the alleged infiltration of the Belgium based Belgacom servers and the Commission systems with the use of REGIN-malware (E-010269-14 of 5/12/2014);

The US National Security Agency (NSA) and the UK Government Communications Headquarters (GCHQ) allegedly hacked into the systems of a Netherlands based sim-card producer using encryption technologies supplying its products globally.*

How will the Commission investigate these allegations which, when confirmed, would constitute a serious breach of European data protection legislation?

How will the Commission address these allegations with the authorities of the UK and the US?

How will the Commission act against illegal hacking activities by EU Member States on the territory of other Member States?

Note: similar questions have been tabled with the Council.

The answer (in Dutch):

Please find an English translation in bullet points here:

Council answer 20.04.2015

  • - 
    the Council does not comment on rumours mentioned in the press
  • - 
    national security remains to be the competence of the Member States
  • - 
    the Council has not been notified by any Member State on any violation of European data protection legislation, nor on any illegal hacking activities on its territory
  • - 
    the Council has not been requested to address the allegations with the UK and US authorities
  • - 
    the Council wishes to point out to the honourable Member that, following the so-called Snowden-revelations, an ad-hoc EU-US working group was launched in July 2013 in order to establish the facts and to map-out the consequences for the fundamental rights in the EU and for the personal data of EU-citizens
  • - 
    the findings of the EU co-chairs of the ad-hoc EU-US working group have been laid down in a report, which has been published on the 27th November 2013, and which is accessible to the public

In 't Veld's response:

"It is outrageous that the Council refuses to investigate this case. We are talking about a breach of fundamental rights of European citizens and of the rule of law. "

"This shows that the term "national security" has become an excuse for cowboy like behavour of secret services. Intrusion and hacking -even by a secret service- is illegal". Secret services are apparently above the law and no mechanism of oversight is able to combat this."

"The Dutch government has remained completely silent about this incident, even though it possibly concerns a serious incursion on sovereignty and territorial integrity."

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