The UK government's plans to fast track changes to data retention law on Tuesday are "a serious expansion of the British surveillance state", a group of senior UK academics have said, warning that changes are in potential breach of European law.
In an open letter to the full House of Commons, 15 experts in technology law express concern at the Data Retention and Investigatory Powers bill (Drip) which, they say, will increase government access to communications data and content and are being unnecessarily rushed through Parliament.
"The legislation goes far beyond simply authorising data retention in the UK," the letter states. "In fact, Drip attempts to extend the territorial reach of the British interception powers, expanding the UK’s ability to mandate the interception of communications content across the globe. It introduces powers that are not only completely novel in the United Kingdom, they are some of the first of their kind globally."
The academics, who include Professor Ian Brown of the Oxford Internet Institute, Professor Lilian Edwards of the University of Strathclyde, Dr Subhajit Basu of the University of Leeds and legal expert Julia Powles of Cambridge University.
Drip was designed to revise UK data retention law, addressing an April ruling by the European Court of Justice which found the 2009 Data Retention Directive to be invalid. Mass data retention law is still covered by the EU and, as such, Drip does not meet the ECJ criteria for digital rights.
"Further, the bill incorporates a number of changes to interception whilst the purported urgency relates only to the striking down of the Data Retention Directive. Even if there was a real emergency relating to data retention, there is no apparent reason for this haste to be extended to the area of interception," the letter states.
"Drip is far more than an administrative necessity; it is a serious expansion of the British surveillance state. We urge the British Government not to fast track this legislation and instead apply full and proper parliamentary scrutiny to ensure Parliamentarians are not mislead as to what powers this Bill truly contains."
The government announced the emergency draft legislation on 10 July. Home Secretary Theresa May told the home affairs select committee yesterday that the government wanted to clarify Ripa's extra-territorial remit. "This has been questioned, and we feel it's appropriate to, therefore, put that beyond doubt in terms of legislating. But these are powers and capabilities that exist today, that are used today. This is not about extending those to any new remit."
A Home Office spokesperson told the Guardian: “We are not changing or extending any powers to access data or execute intercept warrants.
“Under the Regulation of Investigatory Powers Act these powers already apply to any company providing communications services in the UK, even if they are based overseas. The new Bill simply spells this out and puts it beyond doubt.”
Source: Guardian
