Tim Cochrane: The Impact of the CLOUD Act Regime on the UK’s Death Penalty Assurances Policy – UK Constitutional Law Association

‘This post discusses the impact of the new CLOUD Act international data sharing regime on the UK’s death penalty assurances policy. This regime—named after its enabling US legislation, the Clarifying Lawful Overseas Use of Data Act—is due to come into force in July 2020 following the signing of a bilateral US–UK agreement in October 2019 (US-UK Agreement). It provides a quicker alternative for law enforcement seeking access to electronic data overseas, beyond the existing mutual legal assistance (MLA) process, which operates through MLA treaties (MLATs) and other mechanisms. However, while the CLOUD Act regime has an admirable aim, its implementation weakens the UK’s existing death penalty assurances policy and thus risks exposing the UK and others to significant liability, as discussed below.’

Full Story

UK Constitutional Law Association, 1st June 2020

Source: ukconstitutionallaw.org

Equality watchdog demands suspension of use of automated facial recognition and predictive algorithms in policing – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has called for the suspension of the use of automated facial recognition (AFR) and predictive algorithms in policing in England and Wales, “until their impact has been independently scrutinised and laws are improved”.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2019] EWHC 2341 (Admin); [2020] 1 WLR 672 is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Divisional Court in Bridges, this may, depending on the facts of each particular deployment, be lawful.’

Full Story

UK Police Law Blog, 21st February 2020

Source: ukpolicelawblog.com

Impact on rape victims of police phone seizures to be reviewed – The Guardian

‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’

Full Story

The Guardian, 16th February 2020

Source: www.theguardian.com

Met police deploy live facial recognition technology – The Guardian

‘The Metropolitan police have been accused of defying the warnings of its own watchdogs by beginning operational use of facial recognition CCTV, despite a scathing assessment of its effectiveness from the expert hired to scrutinise its trials.’

Full Story

The Guardian, 11th February 2020

Source: www.theguardian.com

Judge orders MI5 not to delete databanks before end of surveillance trial – The Guardian

Posted February 11th, 2020 in data protection, intelligence services, investigatory powers, news by sally

‘MI5 has been ordered by a senior judge not to delete vast databanks of personal information it is storing pending the outcome of a trial over the legality of its surveillance procedures.’

Full Story

The Guardian, 10th February 2020

Source: www.theguardian.com

How Plans To Triple The Police Bail Time Limit Could Affect Your Rights – Each Other

‘The length of time suspects could be bailed without being charged with a crime could be trebled under government plans.’

Full Story

Each Other, 7th February 2020

Source: eachother.org.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

Full Story

UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law – Courts and Tribunals Judiciary

Posted December 16th, 2019 in forensic science, human rights, investigatory powers, privacy, speeches by tracey

‘Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law.’

Full speech

Courts and Tribunals Judiciary, 13th December 2019

Source: www.judiciary.uk

Stop and search: the controversial police power – BBC News

‘Stop and search is a controversial police power to stop, question and search a person who is suspected of doing something illegal, including carrying drugs.’

Full Story

BBC News, 7th December 2019

Source: www.bbc.co.uk

Court of Appeal to hear facial recognition technology challenge – Law Society’s Gazette

‘A Cardiff resident who lost a High Court challenge over police deployment of automated facial recognition technology has been given permission to take his case to the Court of Appeal.’

Full Story

Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Account ForfeitureOrder Notices – The Administrative Method – Drystone Chambers

‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’

Full Story

Drystone Chambers, October 2019

Source: drystone.com

Government consults on new police powers to criminalise unauthorised encampments – Home Office

‘The government will launch a consultation on proposals to give police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised caravan sites.’

Full press release

Home Office, 3rd November 2019

Source: www.gov.uk/home-office

Police may have used ‘dangerous’ facial recognition unlawfully in UK, watchdog says – The Independent

‘Facial recognition technology may have been used unlawfully by police, a watchdog has warned while calling for urgent government regulation.’

Full Story

The Independent, 1st November 2019

Source: www.independent.co.uk

When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon

Posted October 30th, 2019 in disclosure, evidence, investigatory powers, media, news, police by sally

‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’

Full Story

Panopticon, 29th October 2019

Source: panopticonblog.com

Stop and search up by almost a third in England and Wales – The Guardian

‘The number of stop and searches carried out by police officers in England and Wales has increased by 32% in a year, official figures have shown.’

Full Story

The Guardian, 24th October 2019

Source: www.theguardian.com

UK and US sign landmark Data Access Agreement – Home Office

‘Home Secretary Priti Patel last night (Thursday 3 October) signed an historic agreement that will enable British law enforcement agencies to directly demand electronic data relating to terrorists, child sexual abusers and other serious criminals from US tech firms.’

FUll press release

Home Office, 4th October 2019

Source: www.gov.uk/home-office

British police to demand data from US tech giants directly after delays to paedophile investigations – The Independent

‘British police and intelligence agencies will be able to demand suspects’ social media data directly from American technology giants under a new agreement signed with the US government. The Home Office said the landmark agreement would speed up investigations into alleged terrorists, paedophiles and serious criminals.’

Full Story

The Independent, 4th October 2019

Source: www.independent.co.uk

Facial Recognition Technology: High Court gives judgment – UK Human Rights Blog

‘R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin). The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and data protection.’

Full Story

UK Human Rights Blog, 12th September 2019

Source: ukhumanrightsblog.com

The implications of ‘bulk hacking’ – Henderson Chambers

‘Corporate Crime analysis: Matthew Richardson, barrister at Henderson Chambers, examines the concept of ‘bulk hacking’ by intelligence services and some of the legal implications, in light of the latest judicial review challenge by Liberty.’

Full Story

Henderson Chambers, 9th August 2019

Source: www.hendersonchambers.co.uk