| News
 New Wiretap Report Finds "Significant number"
of Errors
The 2001 annual
report of the UK Interception Commissioner, Sir Swinton
Thomas reveals over 40 errors by police and intelligence services
when conducting wiretaps in 2001. Home Office Secretary David
Blunkett approved 1,314 orders in 2001. See below
for previous reports and statistical information.
UK Info Commissioner Challenges Legality of Data Retention.
The Information Commissioner has released a QC's
legal opinion questioning the legality of the data retention
provision of the Terrorism Act 2001. The opinion found that
because the information can be obtained for other purposes
besides national security, it violates the Human Rights Act.
(The Guardian, 30 July 2002).
UK Government Drops Plans to Expand Surveillance law.
The UK Home Office announced on June 17 that it was
dropping plans to expand the number of government bodies who
can conduct surveillance. The proposed chances would have
allowed local governments, quangos, and a variety of non-law
enforcement government agencies to spy on the web activities
of users without a court order. Home Secretary David Blunkett
admitted it was a "blunder." (Guardian, 19 June 2002).
European Parliament Votes to Allow ISP Traffic Surveillance
The European Parliament voted on May 30 on amendments
to the new Communications Privacy Directive proposed by Spanish
Conservative MEP Ana Palacio that would allow countries to
order ISPs to monitor and retain information on all users
for an extended period of time. A coalition of 40 NGOs
wrote
to the EP asking them to reject this effort. Statewatch background report on issue. Online petition
from stop1984.org.
Laws and proposals
Regulation of Investigatory Powers Act (RIPA) 2000. Primary
legislation in UK regulating the interception of communications,
the use of informants and other types of intrusive surveillance.
It also requires communications service providers (phone companies,
ISPs etc) to build their systems to facilitate easy surveillance
by governments.
Anti-terrorism,
Crime and Security Act (ATCS) 2001. Part 11 requires communications
providers to keep records of their users' activities for national
security purposes. The Home Office and the ISPs are currently
discussing a Code of Practice for implementing this that would
require ISPs to keep subscription information for one year and
web caches for four days. The Information Commissioner has released
an opinion that using the information for anything but national
security reasons would violate the Human Rights Act.
Interception of Communications Act 1985. Previous law regulating
interception replaced by RIPA.
Police Act 1997
- Privacy International
statement on the Police
Bill, 26 January 1997.
Wiretapping Usage and Abuses
Report of the Interception of Communications
Commissioner for 2001, October 2002. The Rt. Hon. Sir
Swinton Thomas, the Interception Commissioner found over 40 errors by
police and intelligence services when conducting wiretaps
in 2001. Home Office Secretary David Blunkett approved 1,314
orders in 2001.
Report of the Interception of Communications
Commissioner for 2000, October 2001. The Interception
Commissioner admits that he only has three staff and a part
time Registrar to review the over 2,000 interception requests
which he described as satisfactory for the time being. He
also reported a number of errors by law enforcement and telecommunications
companies leading to the wiretapping of the wrong people.
Interception of Communications Act 1985: Report of the Commissioner
for 1999, July 2000.
Interception
of Communications Act 1985: Report of the Commissioner for
1998, March 1999.
Telephone
tapping and mail-opening figures 1937-2000 (Compiled by
Statewatch)
Surveillance
Commissioner
Report of the Chief Surveillance Commissioner for 2000-2001,
January 2002. Report on the non-wiretap related surveillance
activities of law enforcement under the RIPA and Police Act
1997. The Commissioner notes that his staff is not up to monitoring
of all the surveillance actions of law enforcement agencies:
There are about 950 public authorities
(including local authorities and health trusts) which are
entitled to conduct covert surveillance under the provisions
of the 2000 Act, and the performance of which I must keep
under review. I clearly cannot carry out any meaningful
oversight of so many bodies without assistance. Because
the additional Commissioners and staff needed to assist
me in keeping these surveillance operations under review
could not be recruited until after the legislation had been
passed, it has not yet been possible to carry out the necessary
inspections except in relation to law enforcement agencies.
Report of the Chief Surveillance Commissioner for 1999-2000 (not
online)
Home page
of the Surveillance Commissioners
Intelligence Services Commissioner (Previously Security Services
Commissioner)
Under the RIPA,
the Intelligence Services Commissioner has the following duties:
a. To keep under review the exercise by
the Secretary of State of his powers to issue, renew and
cancel warrants under sections 5 and 6 of ISA, i.e., warrants
for entry on or interference with property or with wireless
telegraphy, warrants in practice issued by the Home Secretary
or the Secretary of State for Northern Ireland.
b. To keep under review the exercise by
the Secretary of State of his powers to give, renew and
cancel authorisations under section 7 of ISA, i.e., authorisations
for acts done outside the United Kingdom, authorisations
in practice issued by the Foreign Secretary.
c. To keep under review the exercise and
performance by the Secretary of State of his powers and
duties under Part II of RIPA in relation to the activities
of the intelligence services and (except in Northern Ireland)
of Ministry of Defence officials and members of the armed
forces, in practice the Secretary of State’s powers
and duties with regard to the grant of authorisations for
intrusive surveillance.
d. To keep under review the exercise and
performance by members of the intelligence services of their
powers and duties under Part II of RIPA, in particular with
regard to the grant of authorisations for directed surveillance
and for the conduct and use of covert human intelligence
sources.
e. To keep under review the exercise and
performance in places other than Northern Ireland by Ministry
of Defence officials and members of the armed forces of
their powers and duties under Part II of RIPA, in particular
with regard to the grant of authorisations for directed
surveillance and the conduct and use of covert human intelligence
sources.
f. To give the Tribunal all such assistance
(including my opinion on an issue falling to be determined
by it) as it may require in connection with its investigation,
consideration or determination of any matter.
g. To make an annual report to the Prime
Minister on the carrying out of my functions, such report
to be laid before Parliament. (Source: Report of the Intelligence
Surveillance Commissioner for 2001)
Intelligence
and Security Committee
Parliamentary
oversight of SIS, GCHQ and the Security Service is provided
by the Intelligence and Security Committee (ISC), established
by the Intelligence
Services Act 1994. The Committee examines the expenditure,
administration and policy of the three Agencies. It operates
within the “ring of secrecy” and has wide access
to the range of Agency activities and to highly classified
information. Its cross-party membership of nine from both
Houses is appointed by the Prime Minister after consultation
with the Leader of the Opposition. The Committee is required
to report annually to the Prime Minister on its work. These
reports, after any deletions of sensitive material, are placed
before Parliament by the Prime Minister. The Committee also
provides ad hoc reports to the Prime Minister from time to
time. (Source: National Intelligence Machinery, Cabinet Office,
October 2001).
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