Tom Hickman: Further Concerns about the DRIP Bill – UK Constitutional Law Association

‘In a blog post on Monday I expressed concerns about the lack of time for proper scrutiny of the changes to be brought in by the DRIP Bill. Towards the end of that blog I expressed puzzlement at a change to be made to the definition of “telecommunications system” in RIPA. This definition is central to the scheme of RIPA and is the basis for many of the powers therein.’

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UK Constitutional Law Association, 16th July 2014

Source: www.ukconstitutionallaw.org/blog

Emergency surveillance bill clears Commons – The Guardian

‘Controversial emergency surveillance legislation has cleared the Commons after an extended sitting and angry exchanges alleging an abuse of parliament.’

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The Guardian, 16th July 2014

Source: www.guardian.co.uk

Tom Hickman on the DRIP Bill: Plugging Gaps in Surveillance Laws or Authorising the Unlawful? – UK Constitutional Law Association

‘The unveiling last Thursday of a a draft bill on surveillance powers that is to be rushed through Parliament brought to mind the story of the Dutch boy who finds a hole in a dyke on his way to school and puts his finger in it to plug the leak until help arrives to shore it up. The legislation is said to be necessary to plug what the Government regards as holes in the regime of surveillance and investigatory powers pending a full review. The fact that the bill is titled the Data Retention and Investigatory Powers Bill – the “DRIP” bill – may mean I am not the first person to draw the analogy. But the analogy may not be entirely apt. An examination of the DRIP Bill reveals that it is not addressing little holes in the regime but in fact profoundly important and substantial issues.’

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UK Constitutional Law Association, 14th July 2014

Source: www.ukconstitutionallaw.org/blog

NSA surveillance data: UK access to information faces legal challenge – The Guardian

‘The biggest domestic legal challenge to UK intelligence agencies accessing the mass data harvested by the US National Security Agency (NSA) begins on Monday, and may be one reason behind the government’s decision to introduce emergency surveillance laws into parliament next week, campaigners have suggested.’

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The Guardian, 11th July 2014

Source: www.guardian.co.uk

Tribunal to hear legal challenge to GCHQ surveillance claims – BBC News

‘A tribunal is to hear a legal challenge by civil liberty groups against the alleged use of mass surveillance programmes by UK intelligence services.’

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BBC News, 14th July 2014

Source: www.bbc.co.uk

Emergency data law: What you need to know about the bill that makes ISPs store your data – The Independent

‘The Government has caused uproar this morning by introducing an emergency bill that forces telecom companies to store users’ personal data for 12 months despite the European Union ruling this April that such powers are illegal.’

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The Independent, 10th July 2014

Source: www.independent.co.uk

Surveillance law wins cross-party support but critics claim stitch-up – The Guardian

‘David Cameron and his Liberal Democrat deputy, Nick Clegg, have unveiled emergency surveillance legislation that will shore up government powers to require phone and internet companies to retain and hand over data to the security services.

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The Guardian, 10th July 2014

Source: www.guardian.co.uk

Ministers push for new legislation to track phone usage – The Guardian

‘Ministers are poised to pass emergency laws to require phone companies to log records of phone calls, texts and internet usage, but Labour and Liberal Democrats are warning that they will not allow any new law to become a backdoor route to reinstating a wider “snooper’s charter”.’

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The Guardian, 6th July 2014

Source: www.guardian.co.uk

Mass surveillance of social media is permitted by law, says top UK official – The Guardian

‘Mass surveillance of social media, such as Facebook, Twitter and YouTube, and even Google searches, is permissible because these are “external communications”, according to the government’s most senior security official.’

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The Guardian, 17th June 2014

Source: www.guardian.co.uk

Women duped by undercover officers challenge attempt to block lawsuit – The Guardian

Posted June 6th, 2014 in disclosure, investigatory powers, news, police, spying by sally

‘Women who say they were deceived into forming long-term, sexual relationships with undercover police officers are challenging “absurd, shambolic and incoherent” attempts by police chiefs to block their lawsuit, the high court has heard.’

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The Guardian, 5th June 2014

Source: www.guardian.co.uk

PACE Code C – Home Office

Posted May 15th, 2014 in codes of practice, detention, investigatory powers, police by sally

‘This revised version of PACE Code C sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers. The revised 2014 code was laid in Parliament on 14 May 2014 and will only apply after midnight on 2 June 2014.’

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Home Office, 14th May 2014

Source: www.gov.uk/home-office

Legal complaint filed against GCHQ ‘hacking’ – BBC News

‘Privacy campaigners are seeking to stop GCHQ using “unlawful hacking” to help its surveillance efforts.’

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BBC News, 13th May 2014

Source: www.bbc.co.uk

Stop and search power to be overhauled amid fears is it affront to justice – Daily Telegraph

‘Stop and search powers are to be overhauled after Theresa May warned police abuse of the power was an “unacceptable affront to justice”.’

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Daily Telegraph, 20th April 2014

Source: www.telegraph.co.uk

Privacy in peril: Vast network of roadside cameras pose ‘very real risk’ says surveillance regulator – The Independent

Posted April 22nd, 2014 in closed circuit television, investigatory powers, news, police, privacy, roads by sally

‘Members of the public face “a very real risk” to their privacy from the huge roadside surveillance network that captures millions of motorists every day, the Government’s Surveillance Commissioner has warned. In an interview with The Independent, Tony Porter urges that clear guidance be provided to ensure “innocent” people do not fall victim to roadside automatic number plate recognition (ANPR) cameras which have been the centre of concerns over the rise of surveillance in Britain.’

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The Independent, 19th April 2014

Source: www.independent.co.uk

Schedule 7 Code of Practice – Home Office

‘Consultation on changes made to Schedule 7 to the Terrorism Act 2000 by the Anti-Social Behaviour, Crime and Policing Act 2014.’

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Home Office, 15th April 2014

Source: www.gov.uk/home-office

User Guide to Police Powers and Procedures – Home Office

Posted April 3rd, 2014 in investigatory powers, news, police, statistics by sally

‘This guide to Police Powers and Procedures Statistics is designed to be a useful reference guide with explanatory notes on the statistics.’

Full guide

Home Office, 3rd April 2014

Source: www.gov.uk/home-office

Violent sex assault cold case solved after a decade in one of the first ever cases of ‘covert DNA retrieval’ – The Independent

Posted March 4th, 2014 in assault, DNA, firearms, investigatory powers, news, sexual offences by sally

‘A violent sex attacker was caught when police used ground-breaking anti-terrorism powers to covertly recover DNA from a coffee cup he had used at the end of a four-day surveillance operation.’

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The Independent, 3rd March 2014

Source: www.independent.co.uk

Regina (Van Der Pijl) v Secretary of State for the Home Department and another – WLR Daily

Posted February 18th, 2014 in investigatory powers, law reports, police, treaties, warrants by sally

Regina (Van Der Pijl) v Secretary of State for the Home Department and another [2014] EWHC 281 (Admin); [2014] WLR (D) 71

‘Whilst the test of substantial relevance applied equally to applications for search warrants made in the context of domestic proceedings and applications made at the request of foreign authorities under the Crime (International Cooperation) Act 2003, its application invariably differed. In context a domestic court asked to assess substantial relevance in respect of foreign proceedings would do so on a necessarily more circumscribed basis than the same court would were the assessment in respect of proceedings before the same court.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) – WLR Daily

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) [2014] EWCA Civ 69; [2014] WLR (D) 50

‘Section 60 of the Criminal Justice and Public Order Act 1994 did not confer an arbitrary power and was compatible with article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

Barristers tell Parliament that some GCHQ mass surveillance is illegal – UK Human Rights Blog

‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’

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UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com