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Time for surveillance transparency


Today the three heads of Britain's intelligence agencies appear infront of Parliament's Intelligence and Security Committee in a televised hearing, the first time for such a hearing to be broadcast. Progress, yes, but let's not get ahead of ourselves - the head of the CIA first appeared on TV speaking to congress in 1975, so it's hardly a revolution in oversight. Today we have published new polling by

GCHQ faces legal action over mass surveillance


Today Big Brother Watch, working with the Open Rights Group, English PEN and German internet activist Constanze Kurz, has announced legal papers have been filed alleging that GCHQ has illegally intruded on the privacy of millions of British and European citizens. We allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy

Patients win choice of sharing medical records


Earlier this year, we led the concern that a new NHS data sharing plan would see every patient's medical records uploaded to a new information system without the right to opt-out. We warned at the time that patient records would be out of patient control. On Friday, the Secretary of State confirmed that this will not be the case. We have worked closely with MedConfidential and Privacy International to ensure

Boom in private investigators risks avoiding surveillance regulation


Our latest report highlights the growing use of private investigators by local and public authorities, particularly the number of times they are used without RIPA authorisation. The law in the UK, particularly the Police and Criminal Evidence Act 1984, is broadly drawn to allow evidence to be introduced in court that in other jurisdictions would not be deemed admissible. Contrasted with the fruit of the poisonous

CCDP

Support grows for surveillance transparency

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, GCHQ, Mastering the Internet, Online privacy, Police, Research and reports, Surveillance, Technology | 10 Comments

commons dayLast November we launched our ‘Time for Transparency’ campaign, revealing new polling that showed 66% of people want more information about how surveillance powers are used, with 70% wanting companies like BT and EE to publish their own reports about the requests they receive, as companies like Google, Facebook and Microsoft now regularly release.

Today we are publishing a paper detailing further proposals to improve transparency, following wide ranging discussions with companies, regulators and political figures, as well as discussions with people in the United States. The paper outlines how the Interception of Communications Commissioner should publish a breakdown of how individual agencies use powers to access communications information – currently just one total figure is published – as well as calling for clarification about whether British companies are handing over data ‘in bulk’ on thousands or millions of customers.

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Is BT handing over data on Brits in bulk?

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, GCHQ, Home, Mobile Phones, Privacy, Surveillance, United States | 8 Comments

phone_exchangeLast year, the Guardian published an order under Section 215 of the PATRIOT Act made to Verizon, which made clear that the NSA was collecting details of phone calls made by American citizens not on a targeted basis, but in bulk.

We have a simple question – is the same happening here?

Appearing before the Home Affairs Select Committee on Tuesday, our Director raised this issue and revealed that BT had refused to deny that it hands over data in bulk:

“Late last night I received a letter from British Telecom refusing to deny that they are handing over information in bulk on thousands or millions of British citizens and that mirrors a refusal to deny the same situation in a parliamentary answer received by Mr Davis.”

“My concerns is that there is the activity going on under the Telecommunications Act that is unsupervised and that is why BT cannot publicly refuse that they are handing over information in bulk.”

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Paper on security and privacy for the ISC

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, GCHQ, Information Commissioner, Legal Action, Mastering the Internet, Online privacy, Technology, Terrorism Legislation, United States | Leave a comment

Big Brother Watch was invited to submit a paper to the Intelligence and Security Committee of Parliament, relating to it’s inquiry into the balance between security and privacy.BNUARLICcAAiyCZ.jpg large

You can now read our submission below.

EXECUTIVE SUMMARY

In a Democratic society, some secrecy is tolerated, as are some intrusions upon liberty and privacy, provided the legal framework is transparency, the oversight mechanisms robust and the overall sacrifices of liberty made with an appropriate level of understanding.

Recent revelations have made clear the scale of intrusion on our privacy in the name of security, enabled by an explosion in digital communications and the computing resources available to the state.

Ministers have assured the public no central database of internet communications would be created. We now know it existed already. Parliament and the public were not informed by Ministers, the Intelligence and Security Committee or the Commissioners.

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Surveillance law reform is not optional

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, International, Internet freedom, Online privacy, PRISM, Surveillance, United States | 1 Comment

camerasToday, some of the world’s biggest technology companies have spelled out the principles that they believe should underpin the balance between privacy and security online.

In full page advertisements eight firms, including Facebook, Apple, Google, Microsoft and Twitter, signed a joint letter calling for Governments to adopt the following principles to underpin a reform of surveillance legislation:

  • Limiting Governments’ Authority to Collect Users’ Information:
  • Oversight and Accountability
  • Transparency about Government Demands
  • Respecting the Free Flow of Information
  • Avoiding Conflicts Among Governments

We wholeheartedly support these principles and call for the British Government to take urgent steps to adopt them.

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A (brief) recent history of security and the free press

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, Freedom of Expression, Internet freedom, Mastering the Internet, Online privacy, PRISM, Privacy, Surveillance, Terrorism Legislation, United States | 2 Comments

Statesman

Today, the editor of the Guardian gives evidence to the Home Affairs select committee, as part of the committee’s work on counter terrorism.

Perhaps that might give the committee to question why Parliament learned of much of GCHQ’s activity from the newspaper, rather than from Ministers. Indeed, it seems on current evidence that will remain the case – as the Lords found on the 20th November, when they were told they could not even be informed which law authorised Project Tempora.

Lord Richard: My Lords, of course the Minister cannot go into details on these very sensitive matters. We all accept that. However, for the life of me, I do not see why she cannot answer a straightforward Question about which Minister authorised the project and why the existence of the project was not disclosed to the Joint Committee on the Draft Communications Data Bill. These are not sensitive issues. They are pure matters of fact, surely capable of being answered.

Baroness Warsi: It is interesting that the noble Lord interprets it in that way but I think he would also accept that it would be inappropriate for me to comment on intelligence matters, which includes any comments on the project.

We have been repeatedly assured that it would be unacceptable for a central database of communications to be built – both by those in Government and those seeking to be.

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Parliamentarians warn of ‘deliberate failiure’ to conceal GCHQ capability

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Internet freedom, Mastering the Internet, Online privacy, PRISM, Surveillance, Terrorism Legislation, United States | 2 Comments

ben-cctv-bigShortly after Lord Macdonald, the former director of public prosecutions, condemned the way the new head of MI5 had dismissed calls for greater scrutiny several senior figures involved in the scrutiny of the draft communications data bill have said that Britain’s spy agencies may be operating outside the law in the mass internet surveillance programmes uncovered by Edward Snowden.

Lord Strasburger, a Liberal Democrat member of the joint committee, has also said: “You have to wonder why, even in the secret sessions, none of the witnesses mentioned Project Tempora … It was highly relevant to our work and I believe that deliberate failure to reveal it amounts to misleading parliament.”

The chairman of the Joint Committee on the draft Communications Data Bill, Lord Blencathra, has said that he is concerned and annoyed that the committee was never told about GCHQ’s mass surveillance capabilities. He said: The committee was not made aware at all of anything relating to Prism or Tempora, or even given any hint. We had a joint memo from MI5, MI6, GCHQ setting out why in their view the bill was essential, the usual stuff you get on terrorists, paedophiles, organised crime. But there was no hint whatsoever they were engaged in [these] programmes. I certainly feel we were given less information than the committee should have had. I am not suggesting we were deceived or misled but someone or some people were very economical with the actuality. I think we would have regarded this as highly, highly relevant. I personally am annoyed we were not given this information.”

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Ideas to start the debate and reform surveillance

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Data Protection, Databases, Europe, International, Internet freedom, Mastering the Internet, Online privacy, PRISM, RIPA, Surveillance, Terrorism Legislation, United States | 1 Comment

Dear Prime Minister,

cc Deputy Prime Minister; Chair – ISC;  Chair – Home Affairs committee; Chair – Joint Committee on the Draft Communications Data Bill; Chair – LIBE Committee of the European Parliament; Chair – Joint Committee on Human Rights;

Yesterday you said that you would be happy to listen to ideas to improve the oversight and operation of safeguards concerning our intelligence agencies.

This is an extremely welcome and timely intervention, and an offer that we would like to take up enthusiastically.

Below are just a few of the well-established proposals to improve the operation, scrutiny and safeguards of surveillance powers.

-       Commission independent, post-legislative scrutiny of the Regulation of Investigative Powers Act 2000 and the Intelligence Services Act 1994, legislation that covers much internet surveillance but was written years before Facebook existed and when few households had internet access. If Parliament intends to allow the collection of data from every internet communication, it should expressly say so in primary legislation, covering both metadata and content

-       Publish, as the US Government has done, legal opinions that are used to underpin the ongoing surveillance framework

-       Allow the Intelligence and Security Committee to report to Parliament, and be chaired by an opposition MP, as called for by Lord King. It should also be able to employ technical experts to assist its work.

-       Publish the budget and investigatory capacity of the ISC, Interception of Communications Commissioner and Surveillance Commissioners

-       Reform the Investigatory Powers Tribunal so there is a presumption its hearings are held publicly, that it should state reasons for reaching its decisions and that its judgements can be appealed in court

-       End the need for Secretaries of State to approve appearances of the heads of agencies before Parliamentary committees, and allow agency and service heads to give evidence in public where appropriate

-       Establish an independent body to review the work of the agencies, as President Obama has done with the Privacy and Civil Liberties Oversight Board, and ensure it has staff with relevant technical expertise

-       Lift any legal restrictions on British companies from publishing transparency reports about surveillance requests

-       Publish details of the use of surveillance powers broken down by agency, as opposed to the single UK figure currently published, including the scale of international intelligence sharing

-       Enhance whistleblower protection for those who wish to come forward from within the services

We would be delighted to meet with you or members of your Government to discuss these issues. At a time when the internet is an inescapable part of daily life, the modern economy and the delivery of public services, it is surely paramount that the laws that govern surveillance are fit for a digital age, and that the safeguards that operate are robust, properly resourced and can command public confidence.

Yours sincerely,

Anne Jellema, Chief Executive Officer, World Wide Web Foundation

Jim Killock, Executive Director, Open Rights Group

Gus Hosein, Executive Director, Privacy International

Guy Herbert, General Secretary, No2ID

Nick Pickles, Director, Big Brother Watch

Professor Peter Sommer

Ross Anderson, Professor of Security Engineering, Cambridge

Caspar Bowden, Independent privacy researcher

Douwe Korff, Professor of International Law, London Metropolitan University

Judith Rauhofer, University of Edinburgh

Duncan Campbell, Investigative journalist and author of European Parliament report on Echelon

GCHQ faces legal action over mass surveillance

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Data Protection, Europe, Featured, International, Internet freedom, Legal Action | 18 Comments

Today Big Brother Watch, working with the Open Rights Group, English PEN and German internet activist Constanze Kurz, has announced legal papers have been filed alleging that GCHQ has illegally intruded on the privacy of millions of British and European citizens.

We allege that by collecting vast amounts of data leaving or entering the UK, including the content of emails and social media messages, the UK’s spy agency has acted illegally.

A dedicated website – Privacy not Prism – has been set up to fund the legal action.

The laws governing how internet data is accessed were written when barely anyone had broadband access and were intended to cover old fashioned copper telephone lines. Parliament did not envisage or intend those laws to permit scooping up details of every communication we send, including content, so it’s absolutely right that GCHQ is held accountable in the courts for its actions.

These concerns have also been raised by Parliament’s Intelligence and Security Committee, who questioned if the legal framework is adequate.

When details recently emerged in the media about the Prism and Tempora programmes, codenames for previously secret online surveillance operations, it was revealed that GCHQ has the capacity to collect more than 21 petabytes of data a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours. The disclosures have raised serious parliamentary concerns both in Britain and at the EU level.

Deighton Pierce Glynn solicitors represent the applicants, instructing Helen Mountfield QC of Matrix Chambers and Tom Hickman and Ravi Mehta of Blackstone Chambers.

 

Yahoo! joins transparency club as more UK requests refused

Posted on by Big Brother Watch Posted in CCDP, Communications Data Bill, Online privacy, Police | 1 Comment

Another transparency report, another reminder all is not well.

Yahoo! has just added its own statistics to those of Facebook, Microsoft, Google and others. We blogged last week on Facebook’s new data and the questions that now urgently need answering about how powers to access data are being used and the oversight of surveillance powers.

Yahoo! rejected 456 requests – that’s 27% of all the requests they received. They also disclosed content – which highlights that the authorities are able to access more than just the “who, what and where” of communications. Another reminder that far from being a wild west, UK authorities are able to access content and other data from online communications companies.

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British police are third highest users of Facebook data globally

Posted on by Big Brother Watch Posted in CCDP, Communications Data Bill, Databases, Google, International, Internet freedom, Online privacy, Police, PRISM, Social Networking, Surveillance, United States | 5 Comments

facebook_logo-300x99Today Facebook has published it’s first transparency report, detailing law enforcement and national security requests from countries around the world. Britain requested data on 1,975 occasions, covering 2,337 users. In 32% of cases, Facebook declined to provide any data.

Thanks to the transparency reports of Google, Microsoft, Facebook and Twitter we continue to learn more about the scale of law enforcement being able to access information held by internet companies. Contrary to the claims by various politicians that the internet is a wild west, we know that Britain receives more data than any other country about Skype users, and Facebook’s data shows that the UK is the third highest user of Facebook data in the world, after the US and India.

In his introduction to the data, Colin Stretch, Facebook General Counsel says that “We strongly encourage all governments to provide greater transparency about their efforts aimed at keeping the public safe, and we will continue to be aggressive advocates for greater disclosure.”

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