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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


Further calls for custodial sentences for serious data breaches

Posted on by Emma Carr Posted in Home | 1 Comment

Image3Two cases have come to light highlighting the urgent need for custodial sentences for those who unlawfully obtain or disclose personal information. We have warned about the effects that lax attitudes to data protection has, highlighting that the seriously low rates of punishments and shockingly low fines that are handed out do little in deterring those that seek to illegally access and share personal information.

We have repeatedly called for the government to introduce custodial sentences for those found guilty of an offence under section 55, where personal data is obtained unlawfully. This stance is echoed by the Information Commissioner’s Office, the Home Affairs Select Committee, Lord Leveson, the Joint Committee on the draft Communications Data Bill and the Justice Select Committee. The fact that unlawful breaches of section 55 are not recorded on a criminal record, coupled with the low fines handed out, means that some personnel trusted with our personal information continue to abuse that trust.

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Miranda’s detention is a direct attack on freedom of the press

Posted on by Emma Carr Posted in Home | 4 Comments

iStock_000003156836MediumToday’s detention of David Miranda, the partner of The Guardian’s Glenn Greenwald  who interviewed whistleblower Edward Snowden, is a direct attack on freedom of the press and a chilling reminder that our anti-terror laws are in desperate need of reform. Whoever took the decision to have Miranda arrested and detained should be named and held publicly accountable for this flagrant abuse of anti-terrorism laws.

The law Miranda was detained under provides powers to deal with those suspected of involvement with acts of terrorism, not a license to interrogate those with knowledge of the activity of journalists. If a foreign government detained the partner of a British journalist we would rightly be up in arms.

It is clear that this was not a random stop and search. Only 0.06% of all people detained under Schedule 7 are detained for more than six hours. Miranda was held right up to the maximum nine hours.  According to the Government “fewer than 3 people in every 10,000 are examined as they pass through UK borders.

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Are we at risk of a ‘see no evil, hear no evil’ snooping culture emerging?

Posted on by Emma Carr Posted in Home | 6 Comments

daily mailOur report on private investigators, published earlier this year, highlighted the growing use of the industry by public authorities, with particular concern being raised about the occasions that they were used without RIPA authorisation.

The research has spurred investigations into how public authorities are using private investigators, with two stories from this week alone detailing shocking incidents of staff being placed under highly covert and intrusive surveillance, including a mother having a GPS tracker fitted to her family car. The Home Office has agreed with us that the industry should be regulated, stating that operating as an unlicensed private investigator will become a criminal offence.

However, far more could be done to rein in who is allowed to launch surveillance operations and making them responsible for the investigators working on their behalf. If the FBI are required to go to court to get a warrant then there is simply no reason why in Britain we shouldn’t expect snooping operations to be signed off by a judge.

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Police use of ANPR in Royston ruled illegal

Posted on by Big Brother Watch Posted in Home | 13 Comments

Today the Information Commissioner has ruled on a joint complaint from Big Brother Watch, No CCTV and Privacy International, concerning the use of automatic number plate recognition technology in Royston?

In a victory for BBW, our complaint was upheld and The ICO found that Hertfordshire Constabulary failed to carry out “any effective impact assessments” and that the system was “unlawful” as it breached the Data Protection Act, and that it was not justifiable for Hertfordshire Constabulary to log every vehicle passing through the town on its system.

The ICO’s head of enforcement Stephen Eckersley said: “It is difficult to see why a small rural town such as Royston, requires cameras monitoring all traffic in and out of the town, 24 hours a day. The use of ANPR cameras and other forms of surveillance must be proportionate to the problem it is trying to address.”

He said that other UK police forces should be taking note of Royston’s plight. “We hope that this enforcement notice sends a clear message to all police forces, that the use of ANPR cameras needs to be fully justified before they are installed. This includes carrying out a comprehensive assessment of the impact on the privacy of the road-using public.”

Nick Pickles, director of Big Brother Watch, said: “The idea that it is acceptable for the police to record the details of every car entering and leaving a small town was always ridiculous.

“This sends a clear message that the blanket logging of vehicle movements is not going to be within the law and it is now essential that the ICO ensures other police forces are abiding by the law.

“Yet again we find the public placed under surveillance when the police force was unable to justify why the surveillance was necessary or proportionate. Whoever took the decision to press ahead with this ring of steel and to ignore the law so brazenly should be clearing their desk today.”

ICC not fit for purpose?

Posted on by Emma Carr Posted in Home | 2 Comments

filesThe Interception of Communications Commissioner (ICC) 2012 Annual Report has raised serious questions about whether the commissioner’s office is actually fit for purpose. The report has failed to make any mention of Tempora and PRISM whilst at the same time seriously lacks the impression that the ICC has been enforcing serious oversight of the way security agencies acquire and use communications data.

The report has highlighted that the number of requests that security agencies made about texts, emails and other communications data increased by 15% Ito more than 570,000. The report also makes the admission that information that had been released had led to six members of the public being wrongly detained or accused of committing a crime. The ICC and Parliament need to seriously ask themselves how one commissioner with a handful of staff can meaningfully scrutinise 570,000 surveillance requests.

Throughout 2012 the security agencies were desperate to push through new legislation that would allow them to access communications data from the internet, whilst at the same time Tempora and PRISM were giving them all the data that they have wanted.

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You do have the right to record council meetings

Posted on by Emma Carr Posted in Civil Liberties, Councils, Home | 5 Comments

filesIn positive step towards transparency Eric Pickles MP, the Communities and Local Government Secretary, has published new guidance which explicitly states that Councils should allow the public to overly film and council meetings.

DCLG was forced to publish the guidance after a string of councils had prevented individuals from recording council meetings on health and safety and legal grounds. The guidance will only apply to English councils, but it certainly creates a serious precedent for councils in Wales.

Public access to meetings is a key part of holding local councils and public bodies to account and it’s wholly wrong for people not being able to film or tweet in public meetings for spurious legal reasons.

Whether through Freedom of Information law, filming council meetings or publishing data, transparency is a critical check on those in power and an essential part of defending our liberties.

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New CRB changes a “common sense approach”

Posted on by Emma Carr Posted in Home | 13 Comments

iStock_000016822421MediumWe have long called for changes to the CRB system having seen lives ruined by over reliance on a flawed system. Following from a Court of Appeal ruling in January, this week the Home Office announced a shakeup of the CRB system which will see a much more common sense approach to a system that was ruining people’s lives.

The Home Office announced that the changes, which are due to become law in the next few weeks, would “ensure a balance between ensuring that children and vulnerable groups are protected and avoiding intrusion into people’s lives.”

As detailed below, the rumours of burglars having their conviction erased from the checks will only happen (if the offence is commented when over the age of 18) if 11 years has elapsed since the date of conviction, and it the person’s only offence and if it did not result in a custodial sentence.

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Positive step forward for DNA sample destruction

Posted on by Emma Carr Posted in Home | 1 Comment

dna-3In a positive step forward, the Government has announced that more than 1.1 million DNA profiles belonging to innocent people have so far been destroyed to allow new laws to be brought into force. In addition, 6.3 million DNA samples containing sensitive biological material, which are no longer needed as a completed DNA profile has been obtained, have also been destroyed.

Big Brother Watch has campaigned on this issue for several years, raising concerns that the Protection of Freedoms Act 2012 failed to adopt the Scottish system of retention meaning that English and Welsh citizens could find that their details are retained and shared in situations where someone from Scotland or another country would not have to worry about something that happened many years in the past.

For more than one million innocent people to have their DNA taken and stored is a stark warning of how the last Government got the balance between security and freedom badly wrong and highlights that public safety can be protected without a constant assault upon our privacy and civil liberties.

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Consumers not interested in privacy? Think again

Posted on by Emma Carr Posted in Home | 3 Comments

filesWould you be surprised to hear that a manager at the Information Commissioner’s Office, the very organisation that was set up to “uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals”, has said that consumers only like to complain about privacy if companies mess up?

At the IAB’s Mobile Engage conference, and ICO manager of business and industry, Dave Evans, said: “Consumers are not interested in privacy but they become interested if you get it wrong.” He added: “If you give them what they want but you get it wrong in the process then they [consumers] start to care where the data came from.” However, having taken a look at the ICO’s own research it seems like Evan’s isn’t even a little bit right!

A 2011 survey commissioned by the ICO showed that: almost nine out of ten respondents were concerned about the way personal information is handled, with 89% of respondents being concerned about protecting people’s personal information. This makes protecting personal information the second highest concern in terms of social issues raised in the survey, and it has been every year since 2007. There was also a high level of concern from respondents (59%) that they have lost control over the way their personal information is collected.

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Can you support Sgt Danny Nightingale?

Posted on by Big Brother Watch Posted in Home | 12 Comments

Three weeks today, Sergeant Danny Nightingale will report to the Military Court Centre in Bulford, Wiltshire for a preparatory hearing. This is as a result of the Service Prosecuting Authority exercising its right to seek a re-trial of Sgt Nightingale.

Like many people, Big Brother Watch has been dismayed at the treatment of Sgt Nightingale. Despite his conviction being quashed at the Court of Appeal, military prosecutors continue to pursue Sgt Nightingale so today, working in conjunction with Danny’s family and lawyer, Simon McKay, we have launched this campaign to secure the much-needed funding to pay for Danny’s legal team.

In the event of any funds remaining after the payment of Danny’s legal bills, they will be donated to the SAS Regimental Association.

With costs potentially running to £150,000 for a prolonged battle, every donation makes a big difference and we urge you to give generously.

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