The extent of the intelligence agencies' computer and
internet spying operation has recently become clear.
The draft Investigatory Powers Bill is meant to put it on a
firm legal footing.
But the Intelligence and Security Committee says the bill
lacks clarity and is a "missed opportunity".
'Exceptional powers
"Given the background to the draft Bill and the public
concern over the allegations made by Edward Snowden in 2013, it is surprising
that the protection of people's privacy - which is enshrined in other
legislation - does not feature more prominently," says the committee's
report.
One might have expected an overarching statement at
the forefront of the legislation, or to find universal privacy protections
applied consistently throughout the draft Bill.
"However, instead, the reader has to search and analyse
each investigatory power individually to understand the privacy protections
which may apply.
"This results in a lack of clarity which undermines the
importance of the safeguards associated with these powers.
The new legislation was prompted, in part, by Edward
Snowden's revelations
Committee chairman, Conservative MP Dominic Grieve, said:
"We have therefore recommended that the new legislation contains an
entirely new part dedicated to overarching privacy protections, which should
form the backbone of the draft legislation around which the exceptional powers
are then built. This will ensure that privacy is an integral part of the
legislation rather than an add-on.
The Home Office is due to publish a final, amended version
of the bill later this year.
The draft bill, which is one of the longest pieces of
legislation to be considered by MPs in recent years, would force internet
service providers to store web browsing records of everyone in the UK for a
year.
This is meant to help the police and security services keep
pace with technology being used by terrorists and organised criminals.
But security chiefs told the ISC, a cross-party committee of
MPs and peers, that they already "have a range of other capabilities which
enable them to obtain equivalent data" so this part of the bill will
mainly be used by the police.
The ISC wants to restrict the scope of proposed
"equipment interference" warrants, allowing spies to hack into
suspects' smartphones and computers and download data from them. either within
the UK or abroad.
Given that the "targeted" warrants could cover
"a target as broad as an entire hostile foreign intelligence service"
it is not clear why "bulk" warrants are also included in the bill,
the committee says.
The committee is also concerned about the downloading of
large databases, which might include medical or bank records, known as bulk
personal data sets, to aid investigations.
Dominic Grieve said: "Given that each Bulk Personal
Dataset potentially contains personal information about a large number of individuals
- the majority of whom will not be of any interest to the agencies - the
committee considers that each dataset is sufficiently intrusive that it should
require a specific warrant.
"We therefore recommend that Class Bulk Personal
Dataset warrants are removed from the legislation.
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