Legislation

Articles outlining new proposed legislation or changes to current legislation


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Bruno Waterfield reports in the Telegraph that the EU will seek new powers to monitor air travel and the movements of air passengers, in the aftermath of terror attacks in Paris on the satirical magazine Charlie Hebdo and the Jewish Hyper Cacher supermarket. The push for enhanced travel surveillance follows concerns that the EU’s free movement zone makes it harder for security services keep an eye on jihadis with links to Syria or Iraq. However, Statewatch, a European civil liberties watchdog, criticised the plan and accused the EU of a coming up with a list of unworkable and legally questionable measures unlikely to prevent the sort of attacks seen in Paris. Ben Hayes, a specialist in EU security policy for Statewatch said: “On the basis of what is now known about the Charlie Hebdo attacks, the need to review existing security arrangements far outweighs the need for any new legislation.”

EU pushes for new powers to monitor air travel following ...


Ben Riley-Smith reports in the Telegraph that George Osborne has dropped hints that the Conservatives want to bring back the Communications Data Bill, otherwise known as the Snooper’s Charter. It follows the terrorist attacks in Paris on the satirical magazine Charlie Hebdo and the Jewish Hyper Cacher supermarket, and claims by the Head of MI5 that al-Qaeda is planning a Paris-style terrorist atrocity against Britain. Sir Malcolm Rifkind MP chairman of Parliament’s intelligence and security committee (ISC), also called for the security services to be given extra powers to monitor the internet. The Conservatives were forced to drop the Communications Data Bill, which would have given the security services more powers to access online communications, in 2013 following opposition from the Liberal Democrats.

George Osborne hints at bringing back Snooper’s Charter after Paris ...


Ben Riley-Smith reports in the Telegraph that George Osborne has dropped hints that the Conservatives want to bring back the Communications Data Bill, otherwise known as the Snooper’s Charter. It follows the terrorist attacks in Paris on the satirical magazine Charlie Hebdo and the Jewish Hyper Cacher supermarket, and claims by the Head of MI5 that al-Qaeda is planning a Paris-style terrorist atrocity against Britain. Sir Malcolm Rifkind MP chairman of Parliament’s intelligence and security committee (ISC), also called for the security services to be given extra powers to monitor the internet. The Conservatives were forced to drop the Communications Data Bill, which would have given the security services more powers to access online communications, in 2013 following opposition from the Liberal Democrats.

George Osborne hints at bringing back Snooper’s Charter after Paris ...



MedConfidential published a background briefing concerning care.data and related issues, for the Health Select Committee meeting on held on Tuesday 9th December 2014. This covered amongst other things (1) MedConfidential’s proposed amendment to the role of the National Data Guardian, (2) the lack of the patient opt-out still not being on a statutory basis and (3) the situation with consent around the use of hospital data within care.data. A recording of the Committee meeting can be found here.

MedConfidential Background Briefing for Health Select Committee – December 2014


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The Open Rights Group has prepared a briefing on the Counter-Terrorism and Security bill announced by the Home Secretary Theresa May on 26 November 2014. The Bill extends the scope of the Data Retention and Investigatory Powers Act 2014 (DRIPA). The bill introduces other measures such as a duty on certain authorities to prevent people being drawn into terrorism; the core requirement of the new legislation is that ISPs record the user of a specific IP address at a specific time. In April 2014 blanket data retention was ruled illegal by the Court of Justice of the European Union (CJEU) and it is doubtful that the new legislation complies with the permissible limits of data retention set out by this judgement. See also this previous post for further information on the proposed legislation.  

Open Rights Group – Briefing on Counter-Terrorism and Security Bill


Jennifer Baker reports on The Register website that the UK’s Investigatory Powers Tribunal (IPT) has ruled that GCHQ’s mass surveillance Tempora programme is legal in principle.  It made the ruling following a case brought by Privacy International, Liberty, Amnesty International and other parties. Tempora is the code name given to an operation run by GCHQ to allow huge amounts of intercepted internet data to be temporarily stored for analysis.  It is reported to hold content for three days and metadata for 30 days.  The  case put to the tribunal was that Tempora breached article 8 of the European Convention on Human Rights, which is the right to privacy, as well as article 10, which protects freedom of expression. Privacy International deputy director Eric King said of the decision: “Today’s decision by the IPT that this is business as usual is a worrying sign for us all.  The idea that previously secret […]

Tribunal says Tempora programme is legal



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The BBC News website reports that Theresa May the Home Secretary is proposing a law forcing Internet Service Providers (ISPs) to hand over to the police information identifying who was using a computer or mobile phone at a given time. Although the current proposals do not resurrect the full powers in the abandoned Communications Data Bill, which is commonly called the Snoopers’ Charter, Conservative MP and former leadership contender David Davis said the new measure was a “stepping stone back” to those proposals. The core requirement of the new legislation is that ISPs record the user of a specific IP address at a specific time. Although each device has its own IP address, these change over time and when a device is switched on and off and thus an IP address is typically shared between different users. At the moment ISPs have no business need to retain information on a […]

Internet data plan back on political agenda