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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

ID cards: register at your peril

Posted on by Big Brother Watch Posted in ID cards | Leave a comment

The Manchester Evening News are reporting that just 2,000 people have signed up to the ID cards trial currently taking place in Greater Manchester, and only 10,000 nationwide have registered with the Home Office website to get an application form.

Idcard The £30 voluntary scheme is being rolled out across Greater Manchester later this year as a trial for the national card. This follows on from news earlier this week, that the Home Office was offering its own staff the chance to be among the first people in the UK to have an identity card.

According to the report, a spokesman for the Identity and Passport Service explained the poor take-up so far by saying: "I don't think that 10,000 people is very low when you think that we haven't really marketed the scheme yet."

Now, while 10,000 is pathetically low given the population of Great Britain, the question remains why anyone is registering for one of these cards.

As explained by our friends at No2ID,

"Every registered individual will be under an obligation to notify any change in registrable facts. It is a clear aim of the system to require identity verification for many more civil transactions, the occasions to be stored in the audit trail. Information verified and indexed by numbers from the NIR would be easily cross-referenced in any database or set of databases. The "meta-database" of all the thousands of databases cross-referenced is much more powerful and much less secure than the NIR itself."

In essence, each one of the 10,000 people who have willingly given up £30 for one of these new cards is opening themselves up to, not only the most powerful and intrusive surveillance the state currently has available, they are also signing up to a lifetime of punitive fines and harassment, as the authorities endeavour to keep their biometric information up-to-date.

The Conservatives and Liberal Democrats have pledged to get rid of ID cards and Gordon Brown is currently backing away from them as fast as he can.

Do not sign up for one of these cards.

By Dylan Sharpe

DNA database questions in the House of Lords

Posted on by Big Brother Watch Posted in DNA database | Leave a comment

An interesting exchange took place yesterday in the House of Lords, when Lord West of Spithead, a Junior Minister in the Home Office and Security Adviser to the Prime Minister, was challenged by Conservative Peer Lord Naseby on the DNA database.

Question asked By Lord Naseby:

To ask Her Majesty’s Government how many innocent people are on the police national DNA database; and when they will be removed.

The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead):

My Lords, as at 24 April 2009 there were some 4.5 million persons on the national DNA database, of whom some 986,000 had no current conviction or caution record held on the police national computer. This included those convicted but whose police national computer record has been deleted, cases where proceedings are ongoing and those with no convictions.

We are currently considering DNA retention policy in our response to the European Court judgment.

House_of_lords The full transcript can be read here courtesy of Hansard.

Needless to say, the Under-Secretary of State justifies the continued presence of the DNA of nearly one million innocent people on the database, by saying that it both aids in solving crimes and can be used to prove innocence when the wrong person is being accused – failing to note the inherent big brother state implications.

However the real star of the show was the titanic Baroness Pauline Neville-Jones, who asked the following question at the end of the exchange:

My Lords, in December the European Court of Human Rights declared that the retention of innocent people’s profiles was illegal. It is outside the law now to do that. Since then 300,000 profiles have been added to the list. How many of those people are innocent and how many of them have been added since July? We are running at a rate of roughly 40,000 a month. Does the Minister not accept that it is now time to change the system and that the time for consultation should come to an end?

To which the Junior Minister hastily replies:

My Lords, the judgment in fact said that it was wrong for us to keep them indefinitely. It did not say that it was wrong to take them. It is an issue of timing and how long these should be held for. I cannot give details of the exact numbers but I shall get back in writing on that. 

An artful dodge if ever there was one…

by Dylan Sharpe 

Two new stories this afternoon

Posted on by Big Brother Watch Posted in Body Scanners | Leave a comment

Two stories have caught my eye this afternoon that I thought I'd bring to your attention.

The first is an update on a post I wrote below and comes courtesy of The Register, which reports that Manchester Airport is getting cold-feet about putting children through it's unnecessarily intrusive new full-body scanners.

According to the article, a spokesman for the Airport said:

"We have spoken to Shy Keenan, co-founder of Phoenix Chief Advocates, which works with child abuse survivors. She agreed that this was a difficult area and that there might be an issue."

As I detailed in the post below, the new scanners that Manchester Airport is trialling produce an image that some would class as pornographic. In the initial report, the authorities waved away any complaints by saying that it was a) needed for quicker security checks and b) the images would only be seen by one person and immediately deleted.

This latest backtrack appears, at least to me, to be an admission that these scanners do go too far and their use needs to be seriously reconsidered.

Stopsearch The second story comes from the South London Press, who report that the police in the South London borough of Lambeth have used anti-terror stop and search powers four times more than the forces in their neighbouring boroughs.

According to their report, Lambeth police stopped 387 people in June using Section 44 of the Terrorism Act 2000, while Southwark police stopped just 64 people, Lewisham 88, and in Wandsworth only 67 people were stopped.

What is most alarming about these figures is that they demonstrate how open to abuse this legislation has become. There is no obvious reason why these figures should vary so dramatically between boroughs and the only conclusion one can draw is that Lambeth police have been told to use the powers in cases where the legislation does not necessarily apply.

Once again we are left calling on government to reform the anti-terror legislation to prevent its continued misapplication.

By Dylan Sharpe 

When is a vandal not a vandal…?

Posted on by Big Brother Watch Posted in Home | Leave a comment

…probably when she's two years-old.

The Sun has a story this morning that despite being just two years-old, Wiltshire police were forced to treat a toddler, who had accidentally hit a car with a tree branch, as a criminal damage suspect.

Toddler-flowers The infant, who fortunately escaped having her name added to the country's crime database, will however have her details kept on file in the county.

We have been taking the police to task recently on this blog for heavy-handedness, but I strongly feel in this instance that they are not to blame.

The neighbour who called the cops on the young girl should feel ashamed of their actions. I have observed the awesome destructive powers of a toddler before, but a twig in the hands of an infant is unlikely to cause any lasting damage to the paintwork of a car and calling the authorities is an outrageous overreaction and waste of their time.

But equally at fault is the legislation to which the unfortunate officers called to the scene were obliged to comply with, that left little or no room for them to judge the incident on its own merits.

Yet again, the real blame lies in our law-makers who have created a rigid structure to law enforcement that ensures all personal judgement is supressed in favour of unwieldy consitency. A two year-old should never have been judged a vandal for such a minor incident, let alone be kept on file indefinitely.

By Dylan Sharpe  

Terrorism laws misused by police…again

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

This morning the Guardian is reporting that UK border police have used anti-terror legislation to prevent a British climate change activist from crossing over into mainland Europe, where he planned to take part in events surrounding the forthcoming United Nations summit at Copenhagen.

Chris Kitchen, a 31 year-old office worker, was prevented from crossing the border on Tuesday when the coach he was travelling on stopped at the Folkestone terminal of the Channel Tunnel.

Climatechangeactivist Police officers boarded the coach and, after checking all passengers' passports, took him and another climate activist to be interviewed under schedule 7 of the Terrorism Act 2000, a clause which enables border officials to stop and search individuals to determine if they are connected to terrorism.

Apparently, when Kitchen said that anti-terror legislation did not apply to environmental activists, the officer replied that terrorism "could mean a lot of things". By the time his 30-minute interview had concluded, Kitchen's coach had gone.

Alex remarked in his post yesterday that when there have been over 300,000 “stop and search” procedures carried out in a single year under the Terrorism Act, and no successful prosecutions resulting from them, it begins to corrode the innate trust citizens have in their police officers.

Examples like Mr Kitchen's do only further harm to this trust. Put simply, it is unacceptable in a democracy that laws designed to protect the general public are instead being used for political expediency.

By Dylan Sharpe

Why we can’t have unfettered trust in the police

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We always want to be able to trust the police.  Often, we can.  But problems like this are emerging more and more frequently:

Ken Hinds is set to receive an apology and £22,000 in compensation from the British Transport Police after being charged and spending four hours in a police cell after witnessing a black teenager being arrested.

The 50-year-old, who regularly liaises with police in his work for a charity tackling gang violence, will receive the payout under an agreement to be finalised this week.

Mr Hinds, from Edmonton, said: "I am disappointed and so angry at the way they treated me. It just shows that 30 years on, relations with the police and the black community have not improved. The black community treats the police with suspicion and incidents like this add fuel to that."

He brought a claim for false imprisonment and malicious prosecution in the High Court after two failed attempts to take his complaint to the Independent Police Complaints Commission.

Mr Hinds, who sits on the Metropolitan Police's Black Independent Advisory Committee and is chairman of the monitoring group for stop-and-search in Haringey, was arrested when he stopped to observe a group of police officers who were searching a black youth at Seven Sisters train station in May 2004."

According to Lord Carlile, there have been over 300,000 “stop and search” procedures carried out in a single year under the Terrorism Act, and no successful prosecutions resulting from them – so it’s natural that anyone would want to pay attention when the police stop someone on the street, as Mr Hinds did here.  He'd done nothing wrong, but was arrested for taking an interest that any of us might have done in the wellbeing of a fellow human being who was subject to investigation by an overmighty state.  This is why we can't give carte blanche to any organisation, no matter how much we might be inclined to favour them.Police

After all, this incident is not unique.  The very serious abuse of powers by police at Kingsnorth climate camp last year was captured on video.  Likewise, at the G20 protests this year, in addition to the allegations of (and clear demonstrations of) needless violence, officers plainly hid their shoulder numbers and refused to give them when asked – which they’re certainly not entitled to do (well discussed by Shami Chakrabarti here). 

Incidents like these undermine our faith in those who are supposed to protect us, and increase our fears about living in a Big Brother state.

As far as the compensation for Hinds is concerned, it’s inevitable that there would be some sort of outcome like this, particularly when the police drag their feet for five years on doing anything about it. 

There has to be some remedy when this happens.  Wrongful imprisonment (to state what one would hope is the obvious) is very serious.  Only when this sort of punishment gets doled out will the police listen.

But I would rather have had the relevant police officers professionally disciplined.  If their behaviour has led to this outcome, then they ought to be held responsible. Instead, the state – or really, you and I – pick up the bill.  No punishment for those responsible, punishment for the taxpayer instead.

I mean… [inserts lighter note to his preachy post] where will it all end!?

By Alex Deane

I'll be discussing this issue on BBC Radio London at 6.10pm today – listen live here.

Wandsworth Council are abusing their powers

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

It's emerged today that Wandsworth Council have used abused their terrorism powers to the most absurd ends.

For example. RIPA and terrorism powers have been used (over 300 times) by the Borough in the past 4 years, on

parking and benefit fraudsters, fly-tippers, and rogue traders

Of course, each of those issues requires policing of some sort and investigation.  but, plainly, this is an absolutely outrageous abuse of council powers. CameraMan small

Not only is Wandsworth the most watched Borough in London, with more CCTV than anyone else; the council also spies on specific individuals an alarming number of times each year.

These powers are meant to be used sparingly in serious cases.

When councils use laws meant for terrorists and serious criminals to investigate parking or council benefits, they violate the logic behind the granting of such draconian powers and harm the trust we all ought to be able to have in law enforcement.

But worst of all, nobody will be punished for this.  As is obvious from the article, nobody in the Borough authorities seems embarrassed about using post 9/11 tools meant to protect us from the worst of existential threats in pursuit of age-old, relatively minor problems – indeed, they boast of it.  They'll go on using these powers in this way.  Bureaucrats love gaining more powers.  Once they have them, they rarely give them up, and use them in ways never meant or envisaged by those granting them.  Unaccountable, it seems, and without restraint, these cut-price James Bond wannabes will go on persecuting people in Wandsworth for the foreseeable future.

Sad, but not surprising.  And good on the local newspaper for reporting it.

By Alex Deane

Two more arguments against CCTV cameras

Posted on by Big Brother Watch Posted in CCTV | 8 Comments

At Big Brother Watch we are often warning you of the problems of Britain's near-ubiquitous CCTV coverage.

We have documented how the authorities come to rely upon their CCTV networks - to the detriment of the police and public.

We have warned of the ability of next-generation cameras to record where you are going and log the data – creating ever-more intrusive surveillance.

And we have complained about the cost which, when compared the equivalent cost of a policeman, appears to be an enormous waste given the limited efficacy of CCTV.

Banksy-one-nation-under-cctv This morning there are two more great examples of why the current go-to of national and local authorities looking for a quick-fix on security is severely misplaced.

The first is the use and potential abuse of CCTV cameras. The old adage of 'nothing to hide, nothing to fear' becomes obsolete when those looking aren't doing so for the right reasons. Just ask the women who stayed in this cottage.

The second argument is against the aethetics of CCTV cameras. The reality is that the black varnished-metal poles with their cyclopean glass-lens staring down not only exude an atmosphere of Orwellian surveillance, they are also a horrible eye-sore. Not least in quaint rural villages and around ancient relics or monuments with emotional significance.

As ever, we will continue to oppose the imposition of CCTV cameras except in cases where all other means of security have been exhausted or proven ineffective.

By Dylan Sharpe

A victory for free speech. But still…

Posted on by Big Brother Watch Posted in Legal Action | Leave a comment

As told over at Con Home, Carter Ruck mounted a pernicious attempt to gag reporting on Parliamentary proceedings but have been defeated. This, to understate things, is good.  Houses_of_parliament_and_lords_london_england

However, we ought to take a moment to reflect on that a clear principle definitively established in 1771 was, for a little time, breached in our country today. That it failed does nothing to undo the fact that we live in an environment in which some people see nothing wrong with trying to do so. 

Furthermore, notwithstanding its swift abandonment, some fool in our judiciary must have approved this Order. In our recent event with Douglas Murray, I defended our judiciary on the basis that, given that it is not overtly corrupt and not overtly incompetent, it ranks in the top few in the world.  In light of decisions such as these, one starts to wonder.

By Alex Deane

Fireman successfully campaigns to have DNA taken off database

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A firefighter from Worcester has successfully invoked a European Court of Human Rights ruling that prohibits the police from retaining the DNA and fingerprints of people suspected but not convicted of offences, and had his DNA removed from the police database 

Fire-Engine Mathew Repton was on duty for Hereford and Worcester Fire and Rescue Service last December, when he was called out to a car accident on the M5. In line with the Service’s procedures, Mr Repton parked the fire engine at a 45 degree angle to block the crash site.

Shortly afterwards, a car came down the sliproad and crashed into the back of the fire engine killing one of the occupants. Mr Repton was arrested on suspicion of causing death by dangerous driving, taken to Redditch police station and placed in a cell. His DNA samples and fingerprints were taken and stored on the national database.

Mr Repton wrote to Paul West, chief constable of West Mercia Constabulary, asking for him to order for the DNA sample to be destroyed, but received the following response:

…Parliament has decided that the intrusion on personal privacy is proportionate to the benefits that are gained and the DNA database is a vital tool in helping us detect more crime…

Angered, Mr Repton brought the Fire Brigades Union onto his cause and was able to publicise his plight in his local paper.

Then yesterday, Mr Repton was told by a colleague at the fire service his case had been deemed “exceptional” and the data would be removed from the database under the terms of the land-mark ECHR ruling.

This is not the first time that Big Brother Watch has had to write about the authorities being either slow or completely ignoring the right of innocent people to not have their DNA retained (we continue to look into Essex Police). While Mr Repton's case is a good victory, the comment from the police above only serves to highlight how Parliament is still happy to overrule the ECHR provision.

By Dylan Sharpe