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SNOOPERS
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."
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