Over the last decade there has been an increasing change in the nature of surveillance – particularly the ability to search online, through social networks and through semi-public sources of information, reinforcing the need for the law to be reformed to protect the public from unwarranted surveillance.
What needs to be made very clear is that just because information is on the internet, it does not necessarily follow that the police should collect and analyse it. It is essential that it the gathering of information is proportionate, necessary, balanced against the need of police to do their job, allows for a free and open internet and meets the public’s expectations of privacy.
Our recent report on the use of private investigators by public authorities highlighted how the Regulation of Investigatory Powers Act 2000 (RIPA) is in fundamental need of reform to protect against unauthorised surveillance; whether that be acquiring data through social media websites or the use of private investigators undertaking surveillance without appropriate supervision and authorisation. As the Joint Committee on the draft Communications Data Bill Warned, the “language of RIPA is out of date and should not be used as the basis on new legislation.”