A tribunal will today seek to challenge the right of local councils to use
the Regulation of Investigatory Powers Act (RIP Act) to snoop on citizens.
Civil rights group
Liberty
said that a case involving an individual called Jenny Paton is being heard
before the
Investigatory
Powers Tribunal, which intends to challenge the "frivolous use of these
intrusive powers".
Paton was placed under surveillance by Poole Borough Council last year to
determine whether she lived in her declared school catchment area, according to
Liberty.
"Jenny Paton is bringing a vital test case on behalf of ordinary members of
the British public. If a mother going about her lawful business can be followed
and spied upon in this frankly very creepy fashion, where does that leave the
rest of us?" said James Welch, a legal director at Liberty who is representing
Paton.
"It is to be hoped that the Investigatory Powers Tribunal upholds her
complaint. But if it does not, and the council's actions are judged appropriate,
we should all be very worried indeed."
Meanwhile, the UK government has revealed plans to limit the reach of the RIP
Act. In August it was revealed that the government had been
looking
at emails belonging to one out of every 78 UK citizens. The figures were
uncovered in a report from the Interception of Communications Minister, and
included that fact that public authorities had made over half a million requests
last year to intercept public communications.
This represented an increase of 44 per cent since 2006. Possibly seeking to
curb this rampant, and apparently often trivial, snooping, the government has
raised the bar for the approval of such interceptions.
"It is absolutely clear that a wide range of public authorities need to be
able to authorise key techniques under the RIP Act in order to protect us from
those who would do us harm," said David Hanson, minister of state for security,
counter-terrorism, crime and policing.
"It is equally clear that public authorities must respect our right to
privacy, and only use techniques under the RIP Act when it is necessary and
proportionate to do so."
Documents released to support the announcement suggest that in some cases the
RIP Act has been used to spy on citizens accused of some unusual crimes.
The Home Office said that new legislation and a code of practice will "
clarify the test of necessity and proportionality so that the techniques will
not be used to investigate dog fouling or people putting bins out a day early".
The department added that changes would "raise the rank of authorising
officer for RIP Act techniques in local authorities to senior executive at a
minimum of director level". Hanson said that an officer will be employed at each
council to further oversee this ruling.
The announcements follow the closing of a consultation on the RIP Act, which
finished in July, and Liberty is hoping that they will go further than is
currently suggested.
"Liberty has long campaigned against disproportionate snooping. We are
representing Jenny Paton in her legal action against Poole Council for using
intrusive powers sold in the name of fighting serious crime and terrorism to spy
on an innocent family," said Shami Chakrabarti, director of Liberty.
"The government should understand that tinkering at the edges of the RIP Act
is not enough. Only a complete overhaul will restore public trust in lawful
surveillance and political promises."
Do you agree?
Have your say on this article