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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

Criticism of Essex Police continues

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

Like many people – 850,000 of them, in fact – Mr Paul Morson has had his DNA taken from him and retained by the state, despite the fact that he has committed no crime.Essex police

He continues to attempt (thus far, unsuccessfully) to get his DNA off the database.  Of course, it ought to be automatic, particularly given the decision in S & Marper v the UK.  But that's far from the case. 

In fact, as Dylan outlined a little while ago, not only are the profiles of innocent people still not off the database – Essex Police have been refusing to say how many people have asked to have their DNA removed, making it impossible to say how many people their approach is harming.

I've pointed out the faults in the UK's position on DNA before, as well as the (perhaps even more troubling) faults with DNA evidence per se

Still – even if they can't acknowledge the issues with their approach, can't Essex Police even bring themselves to admit that people are asking them about it?

By Alex Deane

Fined £1,000 for putting rubbish in the wrong bin

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

This cannot be right.Wheelie_Bin

As set out in this report, the magistrates at Hereford have fined a man for putting his rubbish in the wrong coloured sack. 

Not just a slap on the wrist, not just a small telling off – a fine of £1,000.

We rely on the magistrates, the lay presence in the judicial system, to exercise a bit of common sense in judgment. They are supposedly the prime representatives of the theory that we stand in judgment of our peers rather than being judged by an overbearing, over-mighty state.  Well, not here.

You'll see from the article that the council goes so far as to boast about the conviction, rather than feel any shame at this absurdity.

Many thanks to the reader who sent in this story.  We rely on members of the public to help us identify the latest examples of bureaucratic absurdity. Contact us here with your own examples.

By Alex Deane

Scotland’s latest CCTV splurge

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

As we mentioned earlier, there's a good piece in the Sun today on CCTV in Scotland, a Scot is recorded up to 300 times a day – and another £4 million has just been spent on even more CCTV.

The piece carries a quote from yours truly. When the headshot of me they've used in the piece is blown up to the size they've used on the page, an unsightly spot emerges on my chin… another reason to dislike surveillance!!Scottish sun

As I hope I've made clear in my posts here in the past, we're not rabid about this issue – technology certainly has a part to play in law enforcement. The point is that there's a balance to be struck, that we've gone far too far down this road, and are unique in the extent to which we've done so. 

To that end, the Sun piece uses one of the statistics I think is most telling in the debate about CCTV -

Shetland Islands Council, one of Scotland's smallest local authorities, have 30 more CCTV devices than San Francisco 

The piece coincides with the news that, last year alone, the police in South Yorkshire spied on over 500 people using their surveillance powers. Those aren't people caught on CCTV by accident, mind – that's 500 people specifically named as "persons of interest" and monitored deliberately.

"Nothing to hide, nothing to fear" people (sometimes even very smart people) often say – do you feel the same if you are one of those Scots watched 300 times a day, or one of the South Yorkshiremen monitored by the police without your knowledge?

By Alex Deane

Media Coverage – Monday 12 October

Posted on by Big Brother Watch Posted in CCTV, Media coverage | 1 Comment

Scottish_sun_128 Scottish Sun – Big Brother is watching you…300 times a day

…SCOTLAND has become a 'Big Brother' state with record numbers of spy cams watching our every move up to 300 times a day…Critics say the cash would be better off spent paying for more cops.

Alex Deane, director of Big Brother Watch, said: "For CCTV cameras to be worth paying for, they either have to help to prevent or help to detect crime.

"Money like this would be better off spent putting more bobbies on the beat, rather than increasing the reach of the Big Brother state…"

By the Big Brother Watch team

Watch the sun set in Somerset (but not via CCTV – it’s turned off)

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

Over at the Weston Mercury, there's a report about a grandfather badly beaten on a train station (warning: graphic photograph of injuries).  The area should have been covered by CCTV, but it seems that it wasn't on.

This seems very like the situation in Malden reported earlier this week - where the CCTV wasn't working for most of the summer.  Cctv pic

The point is that we become reliant on CCTV, thinking it makes us safe, when it doesn't, and we fail to make provision for alternative security measures when we need them.

Human error and system malfunctions are just a couple of the many reasons that we shouldn't be so dependent upon CCTV.  So often, as I know from my time at the criminal Bar, the quality of the footage is not high enough to be of any use in court even when there is no operator or equipment failure.

The irony is that the story about the attack on the station, where CCTV failed to deter the attackers or assist the police in their capture, appeared today in the Weston Mercury – because only a week ago, the same newspaper ran an extended and thoughtful piece on the merits and drawbacks of CCTV (the author of the piece is pictured here, captured on CCTV in the area that obviously was working).

I wonder if he or his readers have changed their minds at all now.

By Alex Deane

Please send us any of your local stories about the Big Brother state, or about the failure of all this state intrusion and surveillance to actually protect us 

Essex Police in DNA FOI dodge

Posted on by Big Brother Watch Posted in DNA database | 1 Comment

A story has just appeared online on the Essex Gazette website, detailing the refusal of Essex Police to answer an eminently reasonable Freedom of Information Request on how many people in Essex have asked to have their DNA removed from the national database.

There are three reasons why I feel it is necessary to blog on this story:

1. Firstly, and possibly most crucially, this FOI request was turned down on account of it being too complex and thus Essex Police took the decision that answering it would take up too much time or cost too much to process.

DNA swab The trouble is, although the DNA database is vast, it is highly unlikely that the number of people who have requested their DNA be removed is particularly large. It is probably many fewer who have written specifically to the Chief Constable of Essex and a very small number indeed who have actually had their samples removed.

2. In light of this, Essex Police Service's reasons for their refusal become very suspect and even more so when you take into account that the European Court of Human rights has ruled that keeping innocent people's DNA and fingerprints violates Article 8 of the European Human Rights Convention (for full details please read this website).

It is at the discretion of Chief Constables, and not that of the Government or of ACPO, over whether they keep DNA on the National Database. Therefore can we reasonably assume the current Chief Constable of Essex, Jim Barker-McCardle, is an advocate of the DNA database and this is why he is ducking the request?

3. Finally, at the Sunlight Centre for Open Politics fringe event, Independent on Sunday columnist John Rentoul, claimed that politics had been disinfected by the Freedom of Information Act, and that there was therefore no further intervention needed. I believe this to be a view shared by many on both sides of the aisle.

FOI_Logo However as this story, and other accounts that I have received from my colleagues at the TaxPayers' Alliance have demonstrated, FOI offices and officials are increasingly blocking answering requests; often using time, money and resources as a reason.

It has to be the right of any citizen of this country to know if their DNA is held on a database. It has to be the right of anyone whose DNA is held, and who has not been convicted of a crime, to request that their DNA be removed. The benefits to law enforcement are severely outweighed by the dangers of the information falling into the wrong hands.

And after all, your DNA is among your most personal of identifying characteristics and should not be the property of anyone other than yourself.

By Dylan Sharpe

Praise where it’s due

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

Back from conference and will be posting more regularly from now on.Pangbourne pole

Given the way that civil liberties and surveillance are going in this country, it's all too easy to focus on the negative.  Big Brother Watch is keen to highlight good developments in the to and fro of the surveillance state struggle, too.

So – praise be to Pangbourne, where West Berkshire Council stuck up a whopping CCTV mast in the middle of a little village, listened to the urging of residents and realised that it was entirely inappropriate, and promptly took it back down again. Instead, that highly complex bit of kit, a light, will be there to provide a little more security.

It's a useful little demonstration of the fact that there are alternatives (often cheaper, often more effective) to the CCTV upon which our law enforcement has become so reliant.

By Alex Deane

David Cameron’s Speech: An End to Big Government

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David Cameron has just made his latest pitch for Number 10 and, as expected, gone down a storm with the delegates here. It will be very interesting to see how the rest of the country responds, particularly given that the polls this morning suggested Labour was narrowing the gap.

There were a number of key announcements but the main theme of the Conservative Leader's speech was putting an end to big government. Summed up neatly in the following passage:

We are not going to solve our problems with bigger government. We are going to solve our problems with a stronger society. Stronger families. Stronger communities. A stronger country. All by rebuilding responsibility.

This is encouraging and I for one hope that part of putting an end to big government and rebuilding responsibility also heralds an end to government by fear instead of trust.

Cameron strayed, albeit temporarily, into the field of civil liberties in the final third of his speech with the following passage:

To be British is to be sceptical of authority and the powers-that-be. That’s why ID cards, 42 days and Labour’s surveillance state are so utterly unacceptable and why we will sweep the whole rotten edifice away.

All very good and we agree heartily, but it is hard to get completely behind the sentiment when it was given such a poor billing in his speech. Yet again, we are left wanting a little more from the Conservatives on this issue and we will continue to push these themes in the run-up to the general election to ensure that they are not lost in the noise of spending cuts and defence.

We will write a more extensive round-up from Conservative Party Conference 2009 tomorrow.

By Dylan Sharpe 

The right of the law abiding majority must be considered

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

This morning has brought the announcement from Manchester that the Conservatives are set to give the police more power to alert communities to dangerous criminals in their midst.

Dominic Grieve told Sky News this morning that, "there should be a presumption in favour of public protection over privacy…generally speaking it ought to be possible for such people to be named if it is in the public interest that they should be."

Big Brother Watch has considered this policy announcement and its implications for individual liberty and, while the dangers of this policy are obvious, the right of the law abiding majority not to be victims of crime must be considered in the civil liberties debate.
 
Those who will be affected most by this legislation are likely to have been convicted on multiple occasions and it is therefore wrong to describe this policy as outrageous or unjustified.
 
There have been many unjust incursions into our civil liberties in recent times, but this certainly isn't one of them.

By Alex Deane

An end to speed cameras…?

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

Once again, blogging is reduced today as Big Brother Watch circulates around Conservative Party Conference, but I wanted to put up a quick post on Theresa Villiers' announcement this morning that the Conservatives are to stop funding speed cameras.

For those who missed the details, the shadow transport secretary told the conference hall

"If local authorities want new cameras they'll have to prove nothing else works better and they'll have to find the money themselves…Electing a Conservative government would signal the end of the relentless expansion of fixed speed cameras."  

Needless to say, Big Brother Watch is in full support of this announcement and, alongside the recent Conservative policy document 'Reversing the Rise of the Surveillance State', gives us hope that the party that looks increasingly likely to be our next government is moving in the right direction.

We do not advocate speeding and Big Brother Watch understands that far too many are injured or killed on Britain's roads, but speed cameras do little to prevent speeding and much to penalise drivers.

They are also a powerful tool of surveillance, tracking car number plates and logging your movements. There are more effective and less punitive and surveillance-based measures that exist to drive down speed. Hopefully we will now see these explored in further detail. 

By Dylan Sharpe