Snooping breaks Euro law, police warn MPs

The government is to clarify its position on state surveillance after a leading police officer told MPs that current arrangements were unlikely to satisfy European legislation.

Current surveillance, carried out under Section 29 of the Data Protection Act, was unlikely to satisfy the European Convention on Human Rights, said Jim Gamble, assistant chief constable of the National Crime Squad.

"This exposes communication service providers to risk," he told a public enquiry organised by the All Party Internet Group.

Gamble called for the full enactment of the Regulation of Investigatory Powers Act (Ripa), which would solve the problem, he said.

Presently, parts of the Act covering access to communication data by public bodies, such as the Food Standards Agency, have not been implemented.

But before this could be done, the government needs greater clarification on what surveillance powers should be given to agencies, said Home Office offical Bob Lack.

Public consultation on data retention will begin early next year, he said.

"The consultation will explain what the options are. If we get a broad consensus we would look to implement codes of practice sometime after Easter. Certainly before the end of 2003," Lack added.

The government needs to produce a more coherent policy towards internet surveillance to alleviate the confusion, said Philip Virgo, secretary general of parliamentary think tank, Eurim.

"Where we have a multitude of regulations covering similar issues it is as bad as having none," he said.