The government confirmed this week that its plans for retaining all
communications data, including logs of phone calls, internet visits and emails,
would not include the development of a £12bn centralised 'super database' to
store the information.
Instead, internet service providers (ISPs) and communications companies will
be expected to collect and retain the data, and make it easy for public
authorities to access. However, industry experts have expressed concerns over
the latest plans and their impact on privacy, arguing that they could be just as
harmful as the 'super-database'.
"To be clear, there are absolutely no plans for a single central store,"
said home secretary Jacqui Smith. "We recognise that there is a delicate balance
between privacy and security, but to do nothing is not an option, as we would be
failing in our duty to protect the public."
The government will consult the public on its new proposal, and the enabling
legislation, through a document called
Protecting
the Public in a Changing Communications Environment.
In the document, the government recognises that collecting and retaining
citizens' data interferes with Article 8 of the European Convention on Human
Rights - which gives individuals the right to private lives and correspondence -
but argues that this is a "qualified right".
"Any interference with an individual's rights by the state is permissible as
long as it is necessary (and not just reasonable) for a legitimate aim, and
proportionate," the document states, adding that communication data is needed as
vital evidence in trials and to prevent crimes.
Shami Chakrabarti, director at human rights group
Liberty,
applauded the government for its "climb-down on the super Big Brother database"
.
However, Open Rights Group executive director Jim Killock pointed out that
details of the new proposal still remain vague. He questioned what safeguards
the ISPs will employ, which government departments will be allowed to view the
data and when access will be allowed.
"The new set of powers [the government] intends to give to communication
companies might be just as intrusive to individuals' privacy as the database
would have been. We just don't know," said Killock.
Alex Brown, a partner at law firm
Simmons
& Simmons, was most concerned about "scope creep", arguing that, once
the government is given the authority to retain personal data, it might use the
information for purposes beyond the current proposals.
Brown gave an example of how the Regulation of Investigatory Powers Act 2000,
which allowed the government to intercept emails, has since been used by local
authorities to ensure that children attend schools in their catchment area.
Simon Davis, director of
Privacy
International, maintained that the government could never have achieved the
central database it first proposed, and is unlikely to have the technology
expertise to enforce its latest scheme.
"The database would have collapsed under its own weight," he said. "And it
will now be interesting to see how the government will deal with communications
transferred through steganography, for example." Steganography refers to the
hiding of messages in images, for example.
Meanwhile, the Internet Services Providers' Association (ISPA) has welcomed
the government's consultation into the retention of communications data, but has
raised questions surrounding the cost of its implementation.
"To ensure that any updated law enforcement requirements do not place extra
financial burdens on ISPs, ISPA stresses the importance of cost recovery," said
ISPA secretary general Nicholas Lansman.
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