Data privacy and the surveillance state - have your say here

06 Feb 2009

Comments: 6

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CCTV and Big Ben
Whitehall is watching you

The House of Lords Constitution Committee report Surveillance: Citizens and the State makes 44 recommendations to protect individuals from invasions of their privacy related to surveillance and data collection.

What do you think of the so-called surveillance state and the use of government databases? Tell us your views by clicking on the red “add your comment” button at the end of this article.

Further reading

The report urged the government to exercise more restraint over the use of data collection and electronic surveillance powers amid fears it is "undermining" the right to individual privacy and liberty.

The Lords’ recommendations include:

  • The Information Commissioner should be given the same powers to carry out inspections of private sector organisations as for the public sector. Companies who refuse access to the Information Commissioner may well be those with something to hide.
  • The Regulation of Investigatory Powers Act 2000 (RIPA) should be amended to include a system of judicial oversight for surveillance carried out by public authorities. Compensation should be paid to those who are found to have been subject to unlawful surveillance under RIPA powers.
  • The government should reconsider whether local authorities are the appropriate bodies to exercise RIPA powers, and if they are to continue to possess those powers the government should define the circumstances in which their use is appropriate.
  • The Data Protection Act should be amended to make it mandatory for government departments to produce an independent and publicly available Privacy Impact Assessment (PIA) prior to the adoption of any new data collection or processing scheme. There should be a role for the Information Commissioner in scrutinising and approving PIAs.
  • The government should introduce a Bill to replace the existing regulatory framework governing the National DNA Database (NDNAD). This would provide an opportunity to reassess the length of time DNA profiles are retained and the regulatory oversight of the NDNAD. The DNA of people who voluntarily provide it to assist an investigation should be removed from the NDNAD at the close of that inquiry as a matter of law.
  • The government should introduce a statutory regime for the use of CCTV by both the public and private sectors and introduce codes of practice which are legally binding on all CCTV schemes.
  • A Parliamentary Joint Committee on surveillance and data powers of the state should be established. Any proposed legislation which would expand surveillance or data processing powers should be referred to this Committee for scrutiny.

Tell us what you think by clicking on the red “add your comment” button below.

Reader comments

Community Rights

I am tired of hearing about the rights and liberty of the individual; in an overcrowded country I feel more recognition should be given to the rights of the community, which should rank higher than the individual.
I would favour the fingerprints and DNA of every individual over ~14yrs being on a database. All power to the CCTV cameras.
Yes, the secure storage of this data is an issue that does need addressing.

Posted by: Ben Clark  03 Apr 2009

Data privacy and the surveillance state

It's bad enough that we are all going to be spied on 24 hours a day but what happens if you become a victim of identity fraud?
Does that mean that when the identity thief goes on to commit a serious crime, are you going to be the poor b*****d that does the time?

Posted by: giveusourfreedomback  09 Feb 2009

You actually think they care?

Do you really think they care OR we will get a choice? This is Nu Labour - the most un-democratic of democracies.
Look at the way they treat OUR data. How many databases have they lost?
With their approval and backing of Phorm (even though it was clearly illegal), the Gov. can monitor OUR internet browsing.
If the Gov. wants, it can quite legally FORCE you to give up encryption codes for any sensitive data you may have.
The Gov. are now passing legislation to enable agencies to break into your home computer.
All this data is freely available to ALL Gov. agencies. That means your dustman could find out what you have been looking at on the internet!
The opposition parties won't make too much of a fuss - after all, they will inherit all this data and monitoring ability.
Liberty is dead - Orwell lives on in politicians.

Posted by: Dominic  07 Feb 2009

A clash between trust and authority

The Lords' surveillance report has highlighted a huge disconnect between the public's right to privacy and authorities' desire for data.

Over the past 12 months, organisations, both public and private, have proven far from adept at holding onto personal, often highly confidential, information. And data loss-themed headlines certainly don't help to alleviate public fears.

All organisations have a responsibility to protect the information they store, transport and process. The public should be able to trust that stringent practices are in place to secure data and the necessary safeguards are agreed to protect it. These include identifying process weaknesses, adopting robust security standards and, most importantly, encrypting all sensitive data, not just 'in some circumstances' as the report advises.

My fear is that with a recession, levels of crime - particularly cases of fraud and identity theft - will rise. Security will be a key issue for companies of all sizes, in all sectors. With people more likely to take advantage of an opportunity for personal gain, organisations need to make sure sensitive information is not publicly exposed.

If authorities' continue to push for mega databases and increased levels of surveillance, then organisations need to up their game in the security stakes. Before the public can be confident its personal details are safe, organisations need security policies that outline how confidential information is protected across the entire organisation - from core to edge.

Posted by: Gary Clark, VP EMEA, SafeNet  06 Feb 2009

Crime is because - You Don't Know Where

If you Know Where everyone is, personal crime can't persist.
If you have secure access to the data on What everyone does electronically, data fraud and terrorism can't exist. End of.

Posted by: Waldo Hitcher  06 Feb 2009

When Excessive Surveillance is Dangerous

The British Government has proved to be totally incompetent at keeping data safe. How many times have we read about Laptops full of alleged secret data being left in public places. How many times have we also read about personal data on thousands of people being left on old computer hard drives etc?

It is so very easy to gain back door access to practically any web site these days and therefore extract at will, copies of data, amend or delete.

As to local Councils spying on the public by recording Telephone calls, recording copies of personal e-mails and content this is an alarming factor. Is it not foreseeable that any person who has access to your personal files might just use this information to be passed on third parties and this could seriously jeopardise pending Business contracts?

The so-called Speed Cam/ Revenue Scam is a typical example of abuse of powers by failing to place warning signs and also using disguised work vans. As a result many drivers are now more concerned at looking at the Speedometer than looking where they are going.

The more data they are allowed to collect and store the greater the risk factor to National Security.

Signed
Carl Barron
Chairman of agpcuk
Action Group for the Protection of Communities UK

Posted by: Carl Barron  06 Feb 2009

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