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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

Terrorism Legislation

Paper on security and privacy for the ISC

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, GCHQ, Information Commissioner, Legal Action, Mastering the Internet, Online privacy, Technology, Terrorism Legislation, United States | Leave a comment

Big Brother Watch was invited to submit a paper to the Intelligence and Security Committee of Parliament, relating to it’s inquiry into the balance between security and privacy.BNUARLICcAAiyCZ.jpg large

You can now read our submission below.

EXECUTIVE SUMMARY

In a Democratic society, some secrecy is tolerated, as are some intrusions upon liberty and privacy, provided the legal framework is transparency, the oversight mechanisms robust and the overall sacrifices of liberty made with an appropriate level of understanding.

Recent revelations have made clear the scale of intrusion on our privacy in the name of security, enabled by an explosion in digital communications and the computing resources available to the state.

Ministers have assured the public no central database of internet communications would be created. We now know it existed already. Parliament and the public were not informed by Ministers, the Intelligence and Security Committee or the Commissioners.

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A (brief) recent history of security and the free press

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, Freedom of Expression, Internet freedom, Mastering the Internet, Online privacy, PRISM, Privacy, Surveillance, Terrorism Legislation, United States | 1 Comment

Statesman

Today, the editor of the Guardian gives evidence to the Home Affairs select committee, as part of the committee’s work on counter terrorism.

Perhaps that might give the committee to question why Parliament learned of much of GCHQ’s activity from the newspaper, rather than from Ministers. Indeed, it seems on current evidence that will remain the case – as the Lords found on the 20th November, when they were told they could not even be informed which law authorised Project Tempora.

Lord Richard: My Lords, of course the Minister cannot go into details on these very sensitive matters. We all accept that. However, for the life of me, I do not see why she cannot answer a straightforward Question about which Minister authorised the project and why the existence of the project was not disclosed to the Joint Committee on the Draft Communications Data Bill. These are not sensitive issues. They are pure matters of fact, surely capable of being answered.

Baroness Warsi: It is interesting that the noble Lord interprets it in that way but I think he would also accept that it would be inappropriate for me to comment on intelligence matters, which includes any comments on the project.

We have been repeatedly assured that it would be unacceptable for a central database of communications to be built – both by those in Government and those seeking to be.

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Committee widens inquiry into surveillance laws

Posted on by Big Brother Watch Posted in Communications Data Bill, Information Commissioner, Legal Action, Surveillance, Technology, Terrorism Legislation | 2 Comments

5946829399_e633991652_oThe Intelligence and Security Committee (ISC) has announced plans to broaden its investigation into whether the laws on digital surveillance and communications are adequate in the internet age.

This is a welcome step forward given the widespread concern that Britain’s surveillance laws are not fit for purpose, having been written before Facebook existed and when few people had internet access. However, such a debate cannot be allowed to take place behind closed doors and without pressing questions being asked about the legal justification for what we know to be already happening at GCHQ and elsewhere.

Indeed, this is the basis of our legal argument filed as part of the Privacy not Prism campaign – that Britain’s legal framework is not adequate and the surveillance being undertaken is neither necessary nor proportionate.

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Parliamentarians warn of ‘deliberate failiure’ to conceal GCHQ capability

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Internet freedom, Mastering the Internet, Online privacy, PRISM, Surveillance, Terrorism Legislation, United States | 2 Comments

ben-cctv-bigShortly after Lord Macdonald, the former director of public prosecutions, condemned the way the new head of MI5 had dismissed calls for greater scrutiny several senior figures involved in the scrutiny of the draft communications data bill have said that Britain’s spy agencies may be operating outside the law in the mass internet surveillance programmes uncovered by Edward Snowden.

Lord Strasburger, a Liberal Democrat member of the joint committee, has also said: “You have to wonder why, even in the secret sessions, none of the witnesses mentioned Project Tempora … It was highly relevant to our work and I believe that deliberate failure to reveal it amounts to misleading parliament.”

The chairman of the Joint Committee on the draft Communications Data Bill, Lord Blencathra, has said that he is concerned and annoyed that the committee was never told about GCHQ’s mass surveillance capabilities. He said: The committee was not made aware at all of anything relating to Prism or Tempora, or even given any hint. We had a joint memo from MI5, MI6, GCHQ setting out why in their view the bill was essential, the usual stuff you get on terrorists, paedophiles, organised crime. But there was no hint whatsoever they were engaged in [these] programmes. I certainly feel we were given less information than the committee should have had. I am not suggesting we were deceived or misled but someone or some people were very economical with the actuality. I think we would have regarded this as highly, highly relevant. I personally am annoyed we were not given this information.”

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Ideas to start the debate and reform surveillance

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Data Protection, Databases, Europe, International, Internet freedom, Mastering the Internet, Online privacy, PRISM, RIPA, Surveillance, Terrorism Legislation, United States | 1 Comment

Dear Prime Minister,

cc Deputy Prime Minister; Chair – ISC;  Chair – Home Affairs committee; Chair – Joint Committee on the Draft Communications Data Bill; Chair – LIBE Committee of the European Parliament; Chair – Joint Committee on Human Rights;

Yesterday you said that you would be happy to listen to ideas to improve the oversight and operation of safeguards concerning our intelligence agencies.

This is an extremely welcome and timely intervention, and an offer that we would like to take up enthusiastically.

Below are just a few of the well-established proposals to improve the operation, scrutiny and safeguards of surveillance powers.

-       Commission independent, post-legislative scrutiny of the Regulation of Investigative Powers Act 2000 and the Intelligence Services Act 1994, legislation that covers much internet surveillance but was written years before Facebook existed and when few households had internet access. If Parliament intends to allow the collection of data from every internet communication, it should expressly say so in primary legislation, covering both metadata and content

-       Publish, as the US Government has done, legal opinions that are used to underpin the ongoing surveillance framework

-       Allow the Intelligence and Security Committee to report to Parliament, and be chaired by an opposition MP, as called for by Lord King. It should also be able to employ technical experts to assist its work.

-       Publish the budget and investigatory capacity of the ISC, Interception of Communications Commissioner and Surveillance Commissioners

-       Reform the Investigatory Powers Tribunal so there is a presumption its hearings are held publicly, that it should state reasons for reaching its decisions and that its judgements can be appealed in court

-       End the need for Secretaries of State to approve appearances of the heads of agencies before Parliamentary committees, and allow agency and service heads to give evidence in public where appropriate

-       Establish an independent body to review the work of the agencies, as President Obama has done with the Privacy and Civil Liberties Oversight Board, and ensure it has staff with relevant technical expertise

-       Lift any legal restrictions on British companies from publishing transparency reports about surveillance requests

-       Publish details of the use of surveillance powers broken down by agency, as opposed to the single UK figure currently published, including the scale of international intelligence sharing

-       Enhance whistleblower protection for those who wish to come forward from within the services

We would be delighted to meet with you or members of your Government to discuss these issues. At a time when the internet is an inescapable part of daily life, the modern economy and the delivery of public services, it is surely paramount that the laws that govern surveillance are fit for a digital age, and that the safeguards that operate are robust, properly resourced and can command public confidence.

Yours sincerely,

Anne Jellema, Chief Executive Officer, World Wide Web Foundation

Jim Killock, Executive Director, Open Rights Group

Gus Hosein, Executive Director, Privacy International

Guy Herbert, General Secretary, No2ID

Nick Pickles, Director, Big Brother Watch

Professor Peter Sommer

Ross Anderson, Professor of Security Engineering, Cambridge

Caspar Bowden, Independent privacy researcher

Douwe Korff, Professor of International Law, London Metropolitan University

Judith Rauhofer, University of Edinburgh

Duncan Campbell, Investigative journalist and author of European Parliament report on Echelon

Legal justification for Miranda detention deeply flawed

Posted on by Big Brother Watch Posted in Civil Liberties, Judicial review, Legal Action, Police, Terrorism Legislation | 6 Comments

police-2Writing in today’s Guardian, Lord Falconer, the former Lord Chancellor who helped introduce the Terrorism Act 2000, has laid bare the increasingly clear case that the police acted unlawfully in detaining David Miranda under Schedule 7 of the Terrorism Act 2000.

“The Terrorism Act defines a terrorist as someone “involved in committing preparing or instigating acts of terrorism”. Miranda is plainly not committing or preparing acts of terrorism.”

At stake is not only a procedural check but the fundamental principle of the rule of law – namely, that the state will not use powers granted to it for reasons the democratically elected legislature has not permitted.

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The Terrorism Act 2000, David Miranda and the rule of law.

Posted on by Big Brother Watch Posted in Civil Liberties, Legal Action, Terrorism Legislation | 4 Comments

5946829399_e633991652_oFurther details continue to emerge about the case of David Miranda. There are those who think that it is acceptable to use the Terrorism Act 2000 to pursue someone carrying information that may or may not be sensitive to the UK.

However, even if David Miranda was carrying documents to Glenn Greenwald, on a ticket paid for by the Guardian, it doesn’t change the fundamental facts.

Miranda was detained under the Terrorism Act 2000 and section 40(1)(b) of that legislation defines a “terrorist” as:

“a person who…is or has been concerned in the commission, preparation or instigation of acts of terrorism.”

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GCHQ revelations must lead to Parliamentary inquiry into RIPA

Posted on by Big Brother Watch Posted in Civil Liberties, Communications Data Bill, Freedom of Expression, International, Internet freedom, Mastering the Internet, Online privacy, Surveillance, Terrorism Legislation | 4 Comments

phone_exchangeRecent alarming revelations have raised some incredibly important questions about the use of surveillance techniques and Big Brother Watch, alongside seven other foremost campaign croups, have called on MPs to begin an enquiry into exactly how ministers and the security agencies have been interpreting the Regulation of Investigatory Powers Act (RIPA), as reported in today’s Guardian.

After CIA officer Edward Snowdon revealed documents which showed that GCHQ has used advanced technology to access hundreds of millions of private telecommunications messages, including phone calls, emails and records of internet usage, questions have been rightly asked about the extent of GCHQ’s operations and their legality. The key programme goes by the name of Operation Tempora and it is argued that the gathering of the messages is completely legal because the traffic has left the UK and therefore becomes “external”. In our letter to the Home Affairs Select Committee, we argue that the advanced pace of technology has exposed the inadequate oversight of the surveillance agencies, while legal definitions written for landline telephones are now being used on fibre-optic internet connections.

A failiure of oversight that goes beyond the police

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Information Commissioner, Judicial review, Police, Press Office, RIPA, Surveillance, Terrorism Legislation | 2 Comments

police-2The revelations about the Metropolitan Police’s efforts to discredit the family of Steven Lawrence have rightly brought cross-party condemnation. Taken alongside disclosures from NSA whistleblower Edward Snowden, the wider questions about the oversight of our law enforcement and intelligence agencies are too important to ignore.

As David Davis MP wrote in the Guardian:

“Sadly this is not an isolated example. Back in 2002 the Labour government set out to smear members of the Paddington Survivors Group, an organisation made up of those injured in the rail crash that killed 31 people. When the group’s leader, Pam Warren, dared to criticise Stephen Byers, then transport secretary, muckraking spin doctors quickly went digging for dirt on her political affiliations and even her sexual history.

Government officials have been on the receiving end of these tactics too. Soon after the communications adviser Martin Sixsmith left the Department for Transport over the “good day to bury bad news” scandal, critical stories appeared in the press. Spin doctors even asked journalists to try and extract embarrassing information from Sixsmith’s friends and colleagues.”

This is before you consider that we still have nowhere near got to the bottom of Britain’s involvement in extraordinary rendition, there has yet to be an inquest into the death of Mark Duggan and the revelations about the Serious and Organised Crime Agency failed to act for six years on evidence of large scale hacking of communications by private investigators and legal firms, among others. This follows the scandal of the Hillsborough inquiry and the atrocious behaviour of some officers.

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Now is not the time for politics, Lord Reid

Posted on by Big Brother Watch Posted in CCDP, Civil Liberties, Communications Data Bill, Databases, Surveillance, Terrorism Legislation | 10 Comments

5946829399_e633991652_oToday, the country begins the process of coming to terms with the horrific attack in Woolwich yesterday.

We know little about those who have committed this brutal terror attack. Videos and photographs have brought the chilling savagery of the perpetrators into our homes.

As the Prime Minister said:

“The terrorists will never win because they can never beat the values we hold dear, the belief in freedom, in democracy, in free speech, in our British values, western values. They are never going to defeat those.

“That is how we will stand up to these people, whoever they are, however many there are of them, and that is how we will win.”

Sadly, Lords Reid and Carlise did not restrain themselves from attacking the Government even hours after the attack. It is wholly wrong for them tobe arguing for a change of policy before the details of what has happened in Woolwich are clear and before even the family of the victim had been notified. At this time our thoughts should be with the victim’s family and not on scoring political headlines.

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