"Snoopers' charter" should face legal curbs, says independent report
Strict controls should be placed on the UK Government's proposed "snoopers' charter", and a rigorous assessment conducted of its likely effectiveness, according to the independent reviewer of terrorism legislation.
In a 300 page review publilshed today, carried out under the Data Retention and Investigatory Powers Act 2014, David Anderson QC calls for a comprehensive new law to replace the present "fragmented, obscure" regime. Existing capabilities for data retention under the Act should be maintained, subject to legal constraints, but their enhancement, such as by requiring the retention of “weblogs”, the so-called “snoopers’ charter”, should be permitted "only to the extent that a detailed operational case can be made out and a rigorous assessment has been conducted of the lawfulness, likely effectiveness, intrusiveness and cost".
He also calls for strict additional safeguards over the bulk colection of intercepted material by the security and intelligence agencies, and for judicial control of requests to intercept communications, limiting the Home Secretary's powers.
Other recommendations include a new requirement of judicial authorisation of "novel and contentious" requests for communications data, and requests for privileged and confidential communications involving, for example, journalists and lawyers; improved supervision of the use of communications data; maintaining the extraterritorial effect in the 2014 Act, s 4, pending a longer-term solution involving improved international cooperation; and a new Independent Surveillance & Intelligence Commission whose judicial commissioners would take over responsibility for issuing warrants, for authorising novel, contentious and sensitive requests for communications data and for issuing guidance, along with an expanded jurisdiction for the Investigatory Powers Tribunal.
In a statement issued with the report Mr Anderson said: "Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world.
"But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards.
"The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This report aims to help Parliament achieve a world-class framework for the regulation of these strong and vital powers.”
Mrs May said the report provided "a firm basis for consultation" on the new legislation which would come in the autumn.
The Dean of the Faculty of Advocates, James Wolffe QC, hailed the report as a "great public service". He commented: “By shining a sharp forensic light on the surveillance powers of public authorities, the independent reviewer has done a great public service. I hope that the Government will accept his conclusion that we need a new legislative code which strikes the right balance between privacy and security.”