The case for increased transparency and oversight of the government’s bulk data collection and surveillance programme has received strong backing from Britain’s Independent Reviewer of Terrorism Legislation in a just-released report — A Question of Trust.
The 300-page report, authored by Donald Anderson QC, examines the laws governing state surveillance and suggests changes to the current Regulatory Investigatory Powers Act 2000 (RIPA), which he calls “undemocratic, unnecessary, and — in the long run — intolerable.”
Support for surveillance
The report, which was discussed in the House of Commons on Thursday, broadly supports mass surveillance which it argues is essential in preventing cyber-attacks, terrorism, espionage, and other types of fraud like kidnap and child sexual abuse. However, it warns that such “intrusive power” must also 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.”
Britain’s Conservative government, which has been championing tougher laws to deal with the threats from terrorist groups, will not be entirely pleased with some of the recommendations of the Anderson report, notably the one which says a new data request “must receive judicial authorization by Judicial Commissioner of all warrants.”
Home Secretary Theresa May said during the discussion in Parliament on the report that she would “not commit herself today” to agreeing to recommendation for judicial review being included in the draft surveillance bill.