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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

The snoopers charter is dead


More than a year ago, we learned that the Home Office was resurrecting it's plan to monitor every British citizens' internet use. Big Brother Watch led the charge against these plans, giving evidence to Parliament, urging our supporters to write to their MPs and being the central force in the media campaign against the so called Snoopers Charter. We highlighted how the Home Office had misrepresented the work of

Can you support Sgt Danny Nightingale?


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,

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

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Fear, Violence and Controlling Social Media

Posted on by Big Brother Watch Posted in Home | 3 Comments

Social media has been one of the hottest issues in the UK riots this week.  In a blog post on Tuesday, I discussed the knee-jerk reaction to the role social media has played in the communication between rioters and looters on the streets of cities across the UK.  Our initial fears raised when we heard the first calls to limit social media turned out to be more realistic than we originally thought as people looked to stop the violence and thuggery.  Now concrete statements by government officials have indicated that they believe such a suggestion was within their remit.  This is an unacceptable step, depriving citizens of their rights to freedom of speech and a slippery slope to more invasive, authoritarian-style governance.

And yet, the response from Government seems to want just that.  Home Secretary Theresa May, said she would meet with representatives of social media groups like Twitter and Blackberry to discuss the realities of such a plan.  And at yesterday’s emergency recall of Parliament, the Prime Minister said:

“Mr Speaker, everyone watching these horrific actions will be stuck by how they were organised via social media.  Free flow of information can be used for good. But it can also be used for ill.  And when people are using social media for violence we need to stop them.

So we are working with the Police, the intelligence services and industry to look at whether it would be right to stop people communicating via these websites and services when we know they are plotting violence, disorder and criminality.”

This is simply shocking.  In China and the Middle East, social media has been a forum calling for respect of civil liberties, democracy and rights for individuals in nations stripped of their freedoms.  Britain has been under the assumption that it possesses basic fundamental values of privacy and rights to free speech for some time now.  Statements indicating a move towards limiting those values is shocking, and characteristically un-British.

The response on Twitter and Facebook since the outbreak of the riots has been, for the most part, anything but encouraging of the violence.  And users are, with few exceptions, law-abiding and denounce the looters as thugs and criminals.  Curtailing the rights of all to stop the actions of a few is not a justification.  Information posted on public-access social networking sites are open to the police to comb for information with very few limitations.  These are resources the police could use if they allow them to stay open.

The government knows that the move to shut these down would be met with great resistance.  Twitter users responded sharply to the Prime Minister’s words yesterday, and the Government would do well to take note of this.  Public opinion at the moment is asking for restored order, and it is the responsibility of government is to provide that.  However, to do so by seizing the basic rights and liberties of of its citizens is wrong.

Britain takes technology lessons from Egypt

Posted on by Big Brother Watch Posted in Home | 2 Comments

By Nick Pickles

Today, David Cameron had this to say to Parliament on the role of technology in the recent riots:

“Mr Speaker, everyone watching these horrific actions will be stuck by how they were organised via social media. Free flow of information can be used for good. But it can also be used for ill. And when people are using social media for violence we need to stop them.

“So we are working with the Police, the intelligence services and industry to look at whether it would be right to stop people communicating via these websites and services when we know they are plotting violence, disorder and criminality. I have also asked the police if they need any other new powers.”

It is a sad indictment of how poorly technology is understood in Government that this even made it into the statement. Aside from the fact that Blackberry Messenger is not a social network, the Whitehall response of blaming social media and BBM for the riots is only made worse by their proposed solution – let us see everything, or shut it down.

It’s a further sign of how inadequate the police’s intelligence gathering remains when so much of the discussion between those involved in the disorder took place in public forums.

To shut down social networking would require both shutting down the internet and mobile phone comms. Whether that is even possible, and ignoring the enormous economic impact it would have, the fact it is being considered should send a chill wind through the whole country.

Civil unrest – and indeed wars between nations – began, and were organised, long before modern technology. Technology facilitates faster action, but the underlying issues remain the same.

William Hague’s interview with Andrew Marr during the uprisings in Egypt offer an alternative viewpoint, which was clearly illustrated in a subsequent statement.

“The abuse of internet and mobile networks and, in particular, today’s increased intimidation and harassment of journalists, are unacceptable and disturbing.”

Quite.

Three quarters of businesses failing to correctly dispose of confidential data

Posted on by Big Brother Watch Posted in Home | 1 Comment

According to a report on This is Leicestershire, a new study carried out by the data protection firm Network 2 has found that more than threee quarters of businesses in the region are failing to follow correct procedures for destroying data.

In more then half of the cases, businesses reported that half of companies had experienced cases where people had gained unauthorised access to personal or confidential information which should otherwise have been deleted or destroyed.

The picture is no better in other regions, with the study also finding three quarters of businesses in the North East ignorant of their legal duties.  Just 22% of businesses in the region said they were aware of new rules demanding that data on equipment such as computer hard disks is properly disposed of.

Given that the failure to dispose of sensitive data can land businesses with a fine of up to £500,000, it is concerning to note that so many firms give this issue such little thought.  This lack of fear is due, in no small part, to the feeble nature of the Information Commissioner’s Office and his unwillingness to prosecute even the most serious of cases involving data theft and loss.

When it comes to the disposal of personal data, firms should be sure to adopt the most sringent procedures possible; be it using software designed to ensure that deleted data cannot be recovered at a later date or, when it comes to information on paper, employing the services of a recycling firm specialising in confidential waste.

Ignorance is not – and cannot be – any form of defence.

London Riots and Social Media

Posted on by Big Brother Watch Posted in Home, Mastering the Internet, Online privacy, Social Networking, Technology | 2 Comments

The role of social networking outlets such as Twitter, Facebook and Blackberry Messenger (BBM) in contributing to the riots over the last few days has been hotly discussed.  Many have voiced concern they should be shut down or limited.  This kind of knee-jerk reaction to the role of social media would be unnecessary and exceedingly inappropriate.  Rather than shutting these sites down, perhaps there is information to be garnered from working in conjunction with them.

BBM has been acknowledged as the network of choice for the rioters to communicate with each other due to its level of privacy from police surveillance.  With nearly 40% of London’s teens choosing Blackberry as their smartphone of choice, this creates a potentially huge audience for encouraging further violence.  In response, many have called for Blackberry to shut down the service temporarily to curb the violence.  Patrick Spence from Blackberry said “We feel for those impacted by this weekend’s riots in London. We have engaged with the authorities to assist in any way we can” and pledged to work with law enforcement and comply with the law in the UK.

Limiting social networking in the public sphere will not limit violence or deter potential criminals.  In fact, they may even be feeding the public response to resolve the ongoing problems on the streets of London.  Anyone following the #londonriots hashtag on Twitter will see one of the most rapid streams of disapproval of the scenes taking place in London.  People are exchanging photos and videos to identify perpetrators, introducing hash tags and putting pressure on politicians and policeman to respond quickly and more resolutely and arranging community efforts to support the victims in these neighbourhoods.  Additionally, many social network-savvy teens will implicate themselves on these forums, and these statements would be useful to law enforcement in apprehending offenders.

Twitter and Facebook and other public web outlets have been attributed to a number of social movements in the last several months, from Egypt to Libya and so forth.  Police should be taking advantage of the masses of information people are putting on public forums rather than shutting them down due to the deplorable actions of a small minority.  The vast majority of onlookers in the UK and around the globe are appalled by the riots, and I think most of them would happily see communities work with law enforcement through social networking outlets to stop the violence and bring the criminals to justice.

 

London riots: comfortingly, the CCTV images will show from many angles just how bad the damage was

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London on fire

As I write, riots are raging in many parts of the capital.

In amongst the principled arguments against excessive surveillance, we at Big Brother Watch have always mounted two additional, practical points: that all this surveillance often doesn’t work, and it absorbs capital that might have been spent in other, more productive ways.

Both authoritarian opponents and purists on our own side have sometimes criticised us for this. But surely it’s obvious that:

1) Not one aspect of our ubiquitous surveillance network, erected to watch all of us all the time, just in case, has done anything to protect Londoners in this, our hour of greatest need; and

2) In an environment in which only a finite pot of capital exists to spend on any given portfolio, that tremendously expensive network soaked up vast amounts of capital – at least some of which might have been spent on training more police officers to deal with these situations?

By Alex Deane

Police officers sacked for iPhone photo breach

Posted on by Big Brother Watch Posted in Home | 6 Comments

One of the most privileged powers the Police force in the United Kingdom have is the ability, with the agreement of a magistrate, to enter the business premises and private homes of those they suspect of being involved in criminal activities.

When these powers are used, the public expect the officers who are granted permission to enter private residences to hold to the highest of professional standards.

They do not expect Police officers to abuse their access or engage in acts of frivolity while in those private spaces.

Sadly, five Police Matrix officers in Merseyside have been sacked by a disciplinary panel after using an iPhone to take pictures of themselves in various amusing poses while they are supposed to be searching a private home.

While Merseyside Police should be congratulated for taking such stern action, this case raises serious questions about how often this type of behaviour takes place – and goes undetected.  This case should serve as an example to all Police officers that such rank unprofessionalism and carelessness will not be tolerated.

Hat-tip: Neville

NHS Care Records System Database ‘Unworkable’

Posted on by Big Brother Watch Posted in Data Protection, Databases, Home | 3 Comments

Today,  the Parliamentary Public Account Committee released a report saying that the electronic care records system, part of the National Programme for IT in the NHS launched in 2002, has proved to be “beyond the capacity of the Department to deliver.”

The report stated that the system has failed to show that the already £2.7 billion spent have had any benefit thus far.  It has come to the conclusion that due to a number of failures, including “weak programme management” from the Department of Heath, it will not proceed with this element of the project.

The Rt. Hon. Margaret Hodge MP, who is the Chair of the Public Accounts Committee, said:

“The Department of Health is not going to achieve its original aim of a fully integrated care records system across the NHS.  Trying to create a one-size-fits-all system in the NHS was a massive risk and has proven to be unworkable.

‘The Department has been unable to demonstrate what benefits have been deilvered from the £2.7 nillin spent on the project so far.

‘It should now urgently review whether it is worth continuing with the remaining elements of the care records system.  The £4.3 billion which the Department expects to spend might be better used to buy systems that are proven to work, that are good value for money and which deliver demonstrable benefits to the NHS.”

This is a welcome development in the debate against national databases as it was an unnecessary invasion of privacy and an expensive black hole.  This project has been an incredible waste of money and risked the assurances of medical privacy that should be afforded to every NHS patient.

Even if the efforts required to properly train people to establish and maintain such a system, to guarantee security of the information held in it and the support of an efficient body to oversee consistent results are met, these types of projects are still at significant risk of failure after failure.  Given a lack of necessary results in all these areas, the Government has rightfully decided that rather than put forward an expensive mess that serves and protects no one, it is better off scrapping the project.

We applaud this decision and welcome any further discussions to scrap further schemes such as this.

Russian dictatorship pushes for internet censorship

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Over the past few years, the Russian Federation has ceased to even mildly resemble a functioning democracy.  Bit by bit, the dictatorial cabal surrounding Prime Minister – and de facto dictator – Vladimir Putin has centralised power, conducted extra-judicial killings, launched aggressive military and economic attacks on its weaker neighbours and and turned the democratic process into little more than a sham.

It is therefore no surprise to read the news this morning in EurActive that the Russian Interior Minister Rashid Nurgaliyev  is considering introducing controls on the internet in order to “prevent a slide in traditional cultural values among young people”.

According to the piece, the former KGB officer Nurgaliyev had the following to say:

“It is necessary to work out a set of measures for limiting the activities of certain Internet resources without encroaching on the free exchange of information.

“Russia’s youth need looking after to prevent young people from being corrupted by “lopsided” ideas, especially in music, that may undermine traditional values.

“It seems to me that the time has long been ripe to carry out monitoring in the country to find out what they are listening to, what they are reading, what they are watching.

“They have forgotten the love songs of old, the waltzes, everything that united us, our background and our roots”.

In light of the slide towards authoritarianism in Russia in recent years, I read Nurgaliyev’s comments not as the observations of a man concerned with protecting culture, but rather a someone obsessed with controlling what information may or may not reach ordinary people.

For now, Russia remains a part of the pointless talking shop that is the Council of Europe – a body supposedly designed to safeguard human rights in Europe.  Anything other than the strongest condemnation from the organisation would truly resign it to irrelevance.

You can read the full piece here.

£300 fine for failing to display state-sanctioned “no smoking” signs

Posted on by Big Brother Watch Posted in Home | 5 Comments

Regardless of one’s views on smoking, the overwhelming majority of Big Brother Watch supporters would agree it should be left up to the owner of an individual business as to how to communicate to their customers that smoking is forbidden on their premesis.

An astonishing report in The Publican this morning suggests that the owners of a pub in North Wales have been fined £300 for failing to  display the correct, state-sanctioned anti-smoking signs.

While awaiting the delivery of a set of “no smoking” signs, the bar in question displayed a series of hand-written posters.  These posters fell foul of a law declaring that that such signs must be at least 6.3 inches long and depict the standard “no smoking” symbol.

The £300 fine handed down by magistrates was comprised of a £150 fine for failing to display a “graphic representation of a burning cigarette enclosed in a red circle with a red bar which crossed the cigarette symbol“, £120 in court costs and a victims’ surcharge of £15.

Given that smoking in all enclosed public spaces in the United Kingdom is against the law, it seems rather odd that such a sign would be neccessary in the first place.  Regardless, this is petty bureaucracy of the very worst kind.

Have council officers and courts really got nothing better to do with their time than hand out petty and vindictive penalties such as this?

PATRIOT Act Surveillance Use Out of Control

Posted on by Big Brother Watch Posted in Home, International, Privacy, United States | 3 Comments

The National Intelligence Office in the Obama administration has told two US Senate Democrats that they are not able to count the number of people that have had their telephone or email communications monitored under the provisions of the PATRIOT Act.

This response came as several US lawmakers have expressed concerns over whether the Act was being interpreted reasonably and implemented as it was intended to.  The greatest concerns have been that law-abiding American citizens were being surveilled unnecessarily and that the secret court involved in deciding where to grant warrants is unchecked and unaccountable to Congress or voters.

The provisions of the Act were due to expire in May before the President extended them a further four years hours before they were due to expire.   The provisions pertain to ‘roving wiretaps,’ allowing authorities to monitor more than one mobile device in relation to a person of interest, and also to accessing library and business records of suspected terrorists or terrorist sympathisers.

In the political climate today, fear of terror threats runs deep and members of the public should be protected.  There is, however, a duty to protect the rights of law abiding citizens against intrusion and to protect their rights.  This uncontrolled use of surveillance laws by the US government is shameful and a gross misinterpretations of the powers of government.

Benjamin Franklin made an excellent point when he said that “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”