Surveillance powers: New law needed, says terror watchdog

David Anderson QC, the independent reviewer of terrorism legislation, said the UK needs "comprehensive and comprehensible" intrusive powers rules.

Existing legislation was "fragmented" and "obscure", he said in a 300-page report.

 

Ministers want new laws to help police and agencies monitor online threats.

But critics have dubbed the plans a "snooper's charter" because they predict it will infringe privacy.

Home Secretary Theresa May said the report provided a firm basis for consultation on the new legislation which would come in the Autumn.

Mr Anderson's report, called A Question Of Trust, was commissioned by the prime minister as part of the government's plans to modernise what types of activity security agencies can capture in their pursuit of criminals and terrorists. 

The current legislation pre-dates most internet-led communications such as apps and social media.

The report recommends that:

• Security and intelligence agencies should be allowed to continue practising "bulk collection" of intercepted material but that "strict additional safeguards" should be introduced.
• Judges should authorise requests to intercept communications, greatly limiting the home secretary's current role in deciding which suspect is closely monitored.
• Proposed "snooper's charter" powers must be subjected to "rigorous assessment" of whether they would be legal or effective.
• The definition of communications data should be "reviewed, clarified and brought up to date" and supervision of its use should be improved.

Investigatory powers explained

• Communications data: The information that reveals who was in contact with whom and when, but not the actual content. Agencies already have some of these powers, such as to gather logs of phone calls or emails.
• Intercepted communications: The actual content of the message, such as a secret recording of a phone call or capturing the actual words in an email. Agencies need ministerial authorisation to gather this information.
• New communications data powers: The government wants agencies to be able to gather any type of online communication if they need it to combat serious crime or terrorism.

 

Mr Anderson said: "Modern communications can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation.

"A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. But trust requires verification."

He went on: "Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards.

"The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This report aims to help Parliament achieve a world-class framework for the regulation of these strong and vital powers."