Lawyers from the Open Rights Group, Liberty and Privacy International
have met to discuss what sort of intervention might be appropriate, given the
European Court of Justice’s views on the EU’s Data Retention Directive. What
steps should be taken by the Home Office, in light of the way the UK has implemented
what is now a defunct Directive?
More specifically, what alternative legislation would be
deemed acceptable by Parliament if it were felt that the UK’s data retention
legislation, which predates the Data Retention Directive, was currently inadequate?
What communications records should now be retained, for how long, by whom, and for use in
what types of investigations?
According to the ORG, there is no legal basis for continuing
data retention in the UK. But, given the very muted adverse public reaction to
the publication of Vodafone’s recent transparency report, outlining, where it
is permitted, the volumes of law enforcement requests it receives in its
various operating countries, it will be interesting to monitor how the public displays their concern at current retention and investigation standards.
I’m also wondering how, given the state’s presumed capabilities
in this area, the NGO’s lawyers will manage to control the flow of sensitive
communications between themselves, to prevent any unwanted snooping before they
are ready to reveal their hand.
If I were advising the NGO’s legal teams, I wouldn’t bother
with anything too fancy when it comes to encrypting the communications. I’m
confident that the Home Office will play the game, and that it won’t authorise
any attempts to access any confidential material that may be shared between
these parties. After all, they’re only testing the current law. It’s not as
though anyone is planning an armed uprising, or are in any way threatening
the British national interest.
Can there be any better way for the Home Office illustrate
its adherence to British values than to wait until these NGOs have shown their
hand, rather than seeking to learn in advance what they’re up to?
.
Posts
