Wednesday 12 August 2015

The Coming UK Surveillance Debate

This is a series of 13 posts about the forthcoming Investigatory Powers Bill, due to be published in draft this autumn for pre-legislative scrutiny by a Joint Committee of Parliament.

The Bill will replace a variety of statutes governing interception, mandatory communications data retention and communications data acquisition by public authorities. In particular it will supersede the Data Retention and Investigatory Powers Act 2014 (DRIPA) and parts of the Regulation of Investigatory Powers Act 2000 (RIPA).

  1. Red Lines and no-go zones
  2. Legal and policy origins
  3. Bulk interception, Part 1 (External communications)
  4. Bulk interception, Part 2 (The Section 8(4) certificate)
  5. Bulk interception, Part 3 (Selection of intercepted material for examination)
  6. Targeted interception (Reasonable suspicion, Thematic warrants, Ban on disclosure)
  7. Extraterritoriality, Transparency and Data sharing
  8. Communications Data Retention, Part 1 (Content/communications data boundary, Compelled data generation)
  9. Communications Data Retention, Part 2 (Third party data collection, Request filter)
  10. Communications Data Retention, Part 3 (Retention of weblog data)
  11. Communications Data Retention, Part 4 (Mandatory data retention purposes, Prior independent authorisation)
  12. Communications Data Acquisition
  13. Future-proofing
Other Cyberleagle posts on related themes include:

Key reference documents for the forthcoming Bill:

Privacy and Security: A modern and transparent legal framework (Intelligence and Security Committee of Parliament, March 2015)
A Question of Trust (David Anderson Q.C.'s report on Investigatory Powers, June 2015)
A Democratic Licence to Operate (RUSI Independent Surveillance Review, July 2015)

My own submission to the Anderson Review is here.

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