Briefing

Civil liberties? Why should I care?

Article posted by Unlock Democracy

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Factcheck

Claim: The Regulation of Investigatory Powers Act 2001 was initially presented by the government as a tool for combating organised crime and terrorism.

In 2000, the Guardian includes this report:

“The home secretary, Jack Straw, says the government needs the power to examine emails in the fight against terrorism, child pornography and organised crime on the net. The government also claims it is simply updating existing powers to tap telephone and postal services.”

Source: http://www.guardian.co.uk/world/2000/jun/12/qanda.marktran

In 2003, when the range of government agencies able to use these powers were extended, then Home Office Minister Caroline Flint said:

“These proposals are about vital investigatory tools being used now to prevent and detect crime and, in some cases, save lives.”

Source: http://news.bbc.co.uk/1/hi/uk/3104054.stm

At the time of writing, the RIPA section on the Home Office’s website still states that:

“The Regulation of Investigatory Powers Act (RIPA) legislates for using methods of surveillance and information gathering to help the prevention of crime, including terrorism.”

Source: http://security.homeoffice.gov.uk/ripa/about-ripa/

Claim: RIPA being used for investigate petty crime

Spy law ‘used in dog fouling war’ (BBC, 27 April 2008): http://news.bbc.co.uk/1/hi/uk/7369543.stm

How town hall snoopers hijack anti-terror powers to crack down on dog fouling (Daily Mail, 27 April 2008): http://www.dailymail.co.uk/news/article-562409/How-town-hall-snoopers-hijack-anti-terror-powers-crack-dog-fouling.html

How councils are using surveillance (Guardian/PA, 23 June 2008): http://www.guardian.co.uk/politics/2008/jun/23/localgovernment.localgovernment

Phone spies: Town halls using anti-terror powers to bug residents’ calls and emails (Daily Mail, 5 June 2008): http://www.dailymail.co.uk/news/article-1024162/Phone-spies-Town-halls-using-anti-terror-powers-bug-residents-calls-emails.html

Claim: LGA head has written to all local authorities about the use of the RIPA

Review urged on RIPA surveillance powers (Local Government Association Press Release, 23 June 2008): http://www.lga.gov.uk/lga/core/page.do?pageId=740231

Claim: There have been numerous incidents over the years where police and civil servants are believed to have illegally sold personal data to journalists and private detectives

Five civil servants suspended over “DNA espionage’ (Daily Mail, 31 March 2007): http://www.dailymail.co.uk/news/article-445902/Five-civil-servants-suspended-DNA-espionage.html

Revealed: The cash-for-fake-ID scandal at the heart of the Government (Independent, 14 May 2006): http://www.independent.co.uk/news/uk/politics/revealed-the-cashforfakeid-scandal-at-the-heart-of-the-government-478159.html

DVLA still selling personal details to cowboy clamping firms (Daily Mail, 23 December 2006): http://www.dailymail.co.uk/news/article-424553/DVLA-selling-personal-details-cowboy-clamping-firms.html

Police data sold to newspapers (Guardian, 16 April 2005): http://www.guardian.co.uk/media/2005/apr/16/pressandpublishing.crime

Claim: Independent review describes government handling of personal data as “woefully inadequate”

Data-loss fiasco caused by ‘woefully inadequate’ system (The Times, 25 June 2008): http://www.timesonline.co.uk/tol/news/uk/crime/article4211711.ece

Claim: Civil servant left secret files on terrorism on train

New batch of terror files left on train (Independent on Sunday, 15 June 2008): http://www.independent.co.uk/news/uk/politics/exclusive-new-batch-of-terror-files-left-on-train-847451.html

Claim: Minister Hazel Blears broke data security rules by leaving sensitive data on stolen computer

Hazel Blears’s stolen laptop was not encrypted (Information Age, 18 June 2008): http://www.information-age.com/home/information-age-today/442761/hazel-blearss-stolen-laptop-was-not-encrypted.thtml

Hazel Blears ‘may have broken rules’ over stolen computer (Telegraph, 17 June 2008): http://www.telegraph.co.uk/news/newstopics/politics/labour/2145932/Hazel-Blears-%27may-have-broken-rules%27-over-stolen-laptop.html

Claim: various case studies on how the Human Rights Act works in practice

These stories feature in Changing Lives (http://www.bihr.org/policy/reports.html), a report published by the British Institute of Human Rights and available on the British Institute for Human Rights’ website: www.bihr.org.uk. Many of them result from BIHRâ€™s training with voluntary and community groups.

Claim: the government could use the Parliament Act to bypass the House of Lords

The Parliament Act became law in 1911 and was subsequently amended in 1949. It enables the government to bypass the House of Lords after twelve months. It was last used in 2003 to force through the Hunting With Dogs Act.

Guardian Q&A on the Parliament Act: http://www.guardian.co.uk/politics/2003/jul/02/hunting.immigrationpolicy1

Background article on extending pre-charge detention and the Parliament Act: http://www.opendemocracy.net/blog/ourkingdom-theme/anthony-barnett/2008/06/14/42-days-and-the-constitution

Claims: Extending pre-charge detention and the Civil Contingencies Act

Key sources: