Consultation launched into new right of appeal at Investigatory Powers Tribunal – Home Office

Posted October 3rd, 2017 in appeals, consultations, investigatory powers, news, tribunals by sally

‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’

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Home Office, 29th September 2017

Source: www.gov.uk

UK surveillance and spying watchdog begins work – The Guardian

Posted September 1st, 2017 in intelligence services, investigatory powers, news, warrants by sally

‘An expanded watchdog charged with regulating the intelligence services and surveillance by state agencies has officially begun work.’

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The Guardian, 1st September 2017

Source: www.theguardian.com

Prevent Duty Guidance withstands “clamorous” criticism – Marina Wheeler QC – UK Human Rights Blog

‘In the wake of the London and Manchester attacks, the government’s counter-terrorism strategy is increasingly in the news and under scrutiny. Radicalisation is a difficult concept to map on to a system like ours, which separates the definition of criminal behaviour and punishment from civil sanctions. In this week’s podcast, Marina Wheeler discusses some of the ways the law is trying to cope (Law Pod UK Episode 8, available on Monday 7 August). She and others from 1 Crown Office Row will be discussing this and related issues at a seminar on Monday 11 September. You will find full details at the end of this post.’

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UK Human Rights Blog, 5th August 2017

Source: ukhumanrightsblog.com

Launch of consultation on Criminal Finances Act Codes of Practice – Home Office

‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’

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Home Office, 31st July 2017

Source: www.gov.uk

Data protection: GDPR and employee surveilance – Law Society’s Gazette

Posted July 31st, 2017 in data protection, EC law, employment, investigatory powers, news, privacy by sally

‘At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment Practices Code is an important document to follow to avoid DPA breaches. It covers all types of employee surveillance.’

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Law Society's Gazette, 31st July 2017

Source: www.lawgazette.co.uk

Stop and search is not used fairly, most young BAME people believe – The Guardian

‘Three-quarters of young black and minority ethnic (BAME) people believe they and their communities are being targeted unfairly by stop and search despite a steep decline in the use of the controversial tactic, according to new research.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Government inspectors should enforce workers’ rights, says Law Society – The Guardian

‘Government-backed inspectors should be able to investigate companies and entire industries to prevent unscrupulous companies falsely labelling workers as self-employed, according to a leading legal body.’

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The Guardian, 21st June 2017

Source: www.theguardian.com

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism? – UK Constitutional Law Association

‘Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism. Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as former DPP responsible for the prosecution of terrorist cases. Who is right? There is no point in pretending that human rights do not present legal constraints on counterterrorism powers. Nevertheless, the constraints that do exist are certainly not as restrictive as rights opponents would like us to believe. Moreover, it is crucial to distinguish between legal constraints, and the notion that these constraints constitute practical impediments on the effective prevention and punishment of terrorism. The debate is full of confusion between the two. This post will deal only with the first question of legal constraints, as the second is a matter of empirical proof. Before we can proceed with the normative project of changing human rights protections, a process that has far wider implications for human rights in general and our liberal democratic culture, any government has to provide persuasive evidence that human rights do in fact stand in the way of security. The present government, for as long as it lasts, would also need to dispose of the charge that a 13 % reduction in police numbers over the last six years is less significant in the fight against terror, than the human rights constraints that guide police action.’

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UK Constitutional Law Association, 15th June 2017

Source: ukconstitutionallaw.org

EU judges may be asked to rule on legality of UK surveillance powers – The Guardian

‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

No ‘judicial consent’ needed for MI5 to quiz ‘ward of court’ teens, judge rules – Daily Telegraph

‘MI5 agents and anti-terror police have been given the go-ahead to question teenagers placed under the control of family court judges as a result of radicalisation fears.’

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Daily Telegraph, 5th May 2017

Source; www.telegraph.co.uk

‘Downward spiral’: UK slips to 40th place in press freedom rankings – The Guardian

Posted April 27th, 2017 in freedom of expression, investigatory powers, media, news by sally

‘Journalists in the UK are less free to hold power to account than those working in South Africa, Chile or Lithuania, according to an index of press freedom around the world.’

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The Guardian, 26th April 2017

Source: www.guardian.co.uk

Government ‘blocked’ from accessing Twitter data to help spot terrorist plots – Daily Telegraph

Posted April 26th, 2017 in internet, investigatory powers, news, privacy, terrorism by sally

‘Twitter has blocked the Government from accessing data on potential terrorist threats in a move that ministers fear will make the country less safe, industry sources have told The Telegraph.’

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Daily Telegraph, 25th April 2017

Source: www.telegraph.co.uk

Henry Pearce: Some Thoughts on the Encryption Regulatory Debate – UK Constitutional Law Association

‘Debates about the regulation of encryption technologies and surveillance have been around for decades. It is in unfortunate circumstances that these debates have now been thrust back into the public eye. Following the horrifying Westminster attack which occurred on 22nd March 2017 Amber Rudd, the UK’s Home Secretary, has been very vocal in suggesting that in order for the police and security services to be able to effectively investigate and prevent future terrorist acts they must be given access to over-the-top messaging services that utilise end-to-end encryption, such as WhatsApp. (End-to-end encryption services can generally be described as those which allows for conversations to be read only by the sender and recipient of individual messages, meaning that such messages cannot be intercepted and read by a third party.) Her comments appeared to have been driven by the fact that Khalid Masood, the perpetrator of the attack, had used WhatsApp shortly before commencing his appalling actions. In particular, Rudd has claimed it is “unacceptable” that governmental agencies were unable to read messages protected by WhatsApp’s end-to-end encryption, and in an interview given to the BBC on Sunday 26th March, intimated that she would consider pursuing the enactment of new legislation which would require the providers of encrypted messaging services to grant access to the UK intelligence agencies. This sentiment has since broadly been endorsed by the UK government.’

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UK Constitutional Law Association, 25th April 2017

Source: www.ukconstitutionallaw.org

Judge rules ‘paedophile hunters’ can continue posing as children online – The Guardian

‘Self-described “paedophile hunters” have welcomed a court ruling that will allow them to continue to pose as children online to catch sexual predators.’

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The Guardian, 8th April 2017

Source: www.guardian.co.uk

Undercover policing inquiry ‘not sabotaged’ by Met Police – BBC News

Posted April 6th, 2017 in anonymity, disclosure, inquiries, investigatory powers, London, news, police by tracey

‘The judge chairing a public inquiry into undercover policing has dismissed claims by campaigners that the Met Police have tried to sabotage it.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

UK government can force encryption removal, but fears losing, experts say – The Guardian

Posted March 29th, 2017 in encryption, investigatory powers, news, terrorism by sally

‘The government already has the power to force technology firms to act as it wants over end-to-end encryption, but is avoiding using existing legislation as it would force it into a battle it would eventually lose, security experts have said.’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk

Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

WhatsApp must be accessible to authorities, says Amber Rudd – The Guardian

‘Amber Rudd has called for the police and intelligence agencies to be given access to WhatsApp and other encrypted messaging services to thwart future terror attacks, prompting opposition politicians and civil liberties groups to say her demand was unrealistic and disproportionate.’

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The Guardian, 26th March 2017

Source: www.guardian.co.uk

UK police force’s monitoring of reporters’ phones ruled unlawful – The Guardian

Posted February 1st, 2017 in investigatory powers, news, police, telecommunications, tribunals by tracey

‘Investigatory powers tribunal finds there was no lawful basis for Cleveland police accessing records in leak inquiry.’

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The Guardian, 31st January 2017

Source: www,guardian.co.uk

UK counter-terror laws most Orwellian in Europe, says Amnesty – The Guardian

Posted January 18th, 2017 in investigatory powers, news, privacy, proportionality, terrorism by sally

‘The UK is leading a Europe-wide “race to the bottom” with Orwellian counter-terrorism measures that seriously threaten human rights, according to a comparative survey of security laws by Amnesty International.’

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The Guardian, 17th January 2017

Source: www.guardian.co.uk