Tag Archives: Data Retention and Investigatory Powers Bill

Paddick: EU court ruling on surveillance shows that Government overstepped the mark

When the Data Retention and Investigatory Powers Act was just a Bill being rushed through Parliament with indecent haste, the pros and cons were hotly debated on this site.Today, the European Court of Justice ruled that the general and indiscriminate collection of data was illegal.

Now, this was a Bill passed by the Coalition Government with Liberal Democrat consent So shouldn’t we be feeling a bit embarrassed by this ruling? I guess we need to look at the position we were in at the time. Even if we’d told the Tories that we wouldn’t support the legislation, there would have been a majority in the House of Commons for it. In fact, Labour would have been falling over itself to make it even more authoritarian.

We also know what the Tories wanted to do with communications data – because they did it with the much more pervasive and illiberal Investigatory Powers Act passed, again with Labour support, as soon as they had a majority.

Back in 2014, we secured some important concessions from the Tories in return for our support on the DRIP Act.  Julian Huppert wrote at the time that it was what we already had but with additional safeguards as he set out the context to it all:

There is an issue we have to deal with now. The European Court of Justice threw out the European Data Retention Directive, which underpins all collection of communications data in this country. I sympathise with the reasons, but we must acknowledge that it causes real problems – we do need to have some way to keep some communications data, but under very careful control.

Posted in News and Op-eds | Also tagged , and | 16 Comments

LibLink: Lord Ken MacDonald: How the DRIP Bill will help us convict criminals

A telephoneThe Data Retention and Investigatory Powers Bill cleared its Commons stages last night after a long debate which saw Julian Huppert speak at every stage and in great detail. He was pretty much doing the job of a Minister and very clearly and rationally put the case for the Bill, at all times stating his own personal commitment to civil liberties.

Lord Ken MacDonald, who has been pretty sound on things like secret courts, the statelessness provisions in the Immigration Bill and the cuts to Legal Aid, has written an article …

Posted in News | Also tagged , and | 17 Comments

Opinion: Just remember we’re all human

antony Gormley statue by kungfugenWhen young adults, who may even at the time have been members of prestigious universities and their more infamous clubs, became intoxicated and indulged in aggressive or loud and disturbing speech, violent actions or were simply careless and destructive, did we automatically assume that when they matured they would behave that way for the rest of their lives? We did not. Indeed some may still be thought fit to take part in the running of our country.

When young adults or older youths indulge in isolated incidents of unwise pyromania, do we say that they will be pyromaniacs for life? We do not, and in general they are not.

Posted in Op-eds | Also tagged and | 11 Comments

Opinion: DRIP under the microscope – should Liberal Democrats support this Bill?

Samsung Galaxy Note 3Unusually for me, I’m starting writing this piece without knowing what conclusion I’ll come to by the end of it. Normally it’s straight forward enough to marshal evidence, decide on view and then write it up (unless the curse of writers’ block strikes of course).

But the Data Retention and Investigatory Powers Bill (DRIP) takes the usual perils of journalism turning most stories into a simple good versus bad dynamic, throws in the paucity of expert mainstream coverage of many technical issues and adds a dash of juggling different uncertainties.

Certainly if …

Posted in Op-eds | Also tagged and | 29 Comments

Lord Brian Paddick writes: The difficult balancing act between privacy and security

Data storm byt Dave HerholzAs a Liberal former police officer I am acutely aware of the difficult balancing act the government has to perform between keeping us safe and keeping our personal data safe. At the same time I see both the anxiety that those concerned with civil liberties have over the new legislation and the Government’s need to act to prevent a valuable crime detection tool slipping from our grasp.

So why the need and why the rush?

Posted in Op-eds | Also tagged and | 37 Comments

The Independent View: Lib Dems have cause to be concerned about the data retention bill

web snoopers charterMany Liberal Democrats are congratulating themselves on a ‘sensible compromise’ on the emergency data retention bill, DRIP. I am afraid they are deeply wrong, and want to explain a little about why.

The first, most important point, is that DRIP doesn’t answer any of the points made by the Court of Justice of the European Union (CJEU) about data retention laws. Most importantly, they ask for an end to blanket retention, saying that retention must relate to specific threats, and be confined by specific criteria, such as a time period, …

Posted in The Independent View | Also tagged | 15 Comments

Baroness Sarah Ludford writes…How not to use Brussels for policy laundering

Racks line photo by Tristan SchmurrThe new Data Retention and Investigatory Powers (DRIP) Bill responds to the European Court of Justice annulment of the 2006 EU Data Retention Directive.

The government asserts that the DRIP Bill only confirms existing law as it is broadly the same content as the 2009 regulations implementing the EU Directive. But as that Directive has been swept away, DRIP provides a new legal basis, and this will in fact be the first time that legislation to regulate retention of phone, email and internet records has been generated …

Posted in Op-eds | Also tagged , , and | 7 Comments
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