SNOOPERS

Britain's next census will include intrusive questions about the nation’s sleeping arrangements. It will ask about the number of bedrooms in a home and the name, sex and birth date of any “overnight visitors”. The “bedroom snooper” survey will effectively quiz the nation on its sex life. Everyone must answer when the survey is carried out in March 2011. There will be new questions about second homes and what kind of central heating is installed. There will also be questions on citizenship, language and the length of time overseas nationals intend to stay in the country.

Other questions, which were not included in the last census carried out in 2001, will ask how well people can speak English, how they define their national identity and whether they are married or in civil partnerships. Fines of £1,000 can be imposed for failing to answer or giving a false answer to census questions. Shadow Cabinet Office minister Nick Hurd hit out at the “invasive and intrusive” new demands. He warned that the questions showed no respect for privacy and would undermine public confidence in the survey which is conducted every 10 years.

He said, “An increasingly invasive and intrusive census will erode public support, cost more and result in a less accurate survey. Just because the Government has the legal powers to ask these questions does not give the state the licence to ask anything they want. These bedroom snoopers are yet another sign of how the Labour Government has no respect for the privacy of law-abiding citizens.” (Source: Daily Express, Oct/09)

Official snoopers will be given extra powers to enter homes and businesses, despite a pledge by Gordon Brown to crack down on laws that infringe privacy. Thirteen pieces of legislation that reinforce or extend such powers are on their way through Parliament. Among the laws are powers for a new quango, the Homes and Communities Agency, to enter and survey any home to assist in the compulsory purchase of it. State officials will be able to break into cars if they suspect someone of evading road taxes.

In October, the Prime Minister admitted that the 266 existing powers of the state to enter homes and premises without permission undermined "liberty and privacy". He promised to curtail these laws under a new "liberty test". The existing laws allow animal welfare inspectors, as well as bureaucrats from health and safety or customs and excise acccess to homes. Last April the Centre for Policy Studies highlighted the expansion of entry powers under Labour.

It warned that due to the "proliferation and variety of entry powers", householders cannot now "realistically be aware" of their rights and legal obligations. This prompted Mr Brown's assurance that action would be taken. "Any change should be and will be accompanied by guidance on how these powers should be exercised and the rights members of the public have to take action if these expectations are not met," he said. (Source: Daily Mail, Feb/08)

Government agencies will be able to access e-mail and phone data, under measures unveiled by ministers. Local councils will be among the bodies able to use surveillance to investigate crimes, protect national security and protect public safety. They will be able to use the powers to collect taxes. Initial plans to revise legislation were dubbed the "snooper's charter" when announced by home secretary David Blunkett in 2002. In a separate development phone companies and internet service providers will be told by the government to keep records of phone calls and internet visits for a year.

The civil rights campaigners Liberty have denounced the latest plans which give agencies such as fire authorities, jobcentres, the Postal Services Commission, the Gaming Board and the Charity Commission the power to use surveillance to investigate crime. Liberty director Shami Chakrabati said, "This underlines the uncomfortable fact that the British public are the most spied upon people in the Western world. The government has failed to learn from its mistakes. After the original "snoopers' charter" was published last year, the government was forced to retreat after enormous public outcry. We hope the same happens again".

When the home secretary announced plans to revise existing legislation last year to expand the list of organisations allowed access to phone and internet records concern was raised by Liberty about privacy being eroded. Under the revised legislation, fire authorities and ambulance services will be given automatic access to phone and internet data along with six other state agencies. They will be able to access subscribers' names and addresses and details of telephone calls and e-mails made and received. They can also get hold of mobile phone operators' data that pinpoints a user's location within a few hundred yards.

The other organisations with automatic access to this information are the UK Atomic Energy Constabulary, the Scottish Drugs Enforcement Agency, the Maritime and Coastguard Agency, Financial Services Authority, Office of the Police Ombudsman for Northern Ireland and the Radiocommunications Agency. The spokesman said the latest announcement was about providing a "statutory framework" and "imposing further restrictions" on the use of existing powers. "The new measures set out restrictions on the data organisations can get, states that only senior people will be allowed access and specifies the reason for collating this data - the prevention and detection of crime," he said.

The content of conversations or e-mails will still be subject to a warrant. These powers were previously the domain of only the police, MI5, MI6, government listening post GCHQ, Customs and Excise and the Inland Revenue. A total of 500 other bodies, including councils, have more limited access to personal information under the Regulation of Investigatory Powers Act (RIPA) passed two years ago. Home Office minister Caroline Flint said, "These proposals are about vital investigatory tools being used now to prevent and detect crime and, in some cases, save lives." Only designated senior officials will be able to order investigations.

There will be regular checks by the Interception of Communications Commissioner, Sir Swinton Thomas, to ensure powers are not being abused, said the Home Office. Agencies will be given training on the law and how to maximise privacy, it continued. The minister said, "We need to ensure that we strike the right balance between the privacy of the citizen and the need to investigate crime and protect the public. I believe that the new order achieves that balance."

Council snoopers were ordered to check the personal records of parents to look for lies on school application forms. Schools Secretary Ed Balls said town halls should investigate one in ten applicants at random to deter school place cheats. He also set up a whistleblowing hotline to encourage parents to snitch on others they meet at the school gates. Those who are caught out could face community service and a criminal record.

Town halls will be expected to scrutinise council tax records and benefits claims to ensure that addresses given by parents are correct, and any family that moves home within a year of winning a school place will be investigated. Parents are not expected to be told whether they have been investigated. Councils will simply announce an intention to check 10% of applications in their admissions literature.

A report commissioned by Mr Balls found significant support from councils and parents for criminal sanctions against cheats. But parents' groups accused Mr Balls of resorting to an 'easy fix', claiming that if there were enough places at good schools, application fraud would not be an issue. One in six children were denied their first-choice secondary school this year, rising to half in some areas, according to Government figures.

Shireen Ritchie, chairman of the children and young people board at the Local Government Association, said, "Councils are already alert to the problem and work hard to make the process as fair as they can for all involved. In an ideal world there would be no need for councils to investigate parents because the system works best when everyone is honest and open in applying for school places."

At least 4,200 parents are thought to have dishonestly obtained places last year, but only 1,400 were caught. The proposals follow the revelation that a family in Poole, Dorset was spied on 21 times by investigators using anti-terror laws to check they lived in a school catchment area. (Source: Daily Mail, Mar/10)

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