The Government must keep fighting the Big Brother state - starting with a review of the last decade's surveillance orgy
Eric Pickles should be commended for the existing RIPA reforms - but more must be done
In May of this year, the Coalition Government passed the Protection of Freedoms Act aiming to make local authorities more accountable and curb their use of surveillance powers provided by the Regulation of Investigatory Powers Act (RIPA) 2000. This reform was essential in order to limit the use of surveillance powers by local authorities and put an end to unnecessary surveillance.
Big Brother Watch’s latest report, highlighted in the Daily Mail, has shown that while the Protection of Freedoms Act was long overdue, there is still a need for further reform of RIPA to ensure that all government bodies are using RIPA powers in an accountable and transparent way.
The reforms – which Eric Pickles should be congratulated for – mean that any local authority wishing to use RIPA powers will, from November, have to seek a magistrate’s approval. It is hoped that this higher level of authorisation will make local authorities think twice about whether it is, in fact, proportionate to use directed surveillance and covert human intelligence sources to catch people guilty of fly tipping or allowing their dogs to foul in public.
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When RIPA was brought into law the intention was that it would be used to help tackle serious crimes and protect national security. In reality, as seems almost inevitable these days, it ended up being watered down. Hundreds of public bodies were granted powers, from Ofsted to the Charity Commission, without any public accountability or the need to be transparent about how the powers are being used.
Despite the Coalition’s initial efforts, these public authorities – many of which serve no law enforcement function – will still not be required to seek a magistrate’s approval. Business as usual for the quangos, it seems.
The report, ‘A legacy of suspicion’, highlights the fundamental failings in RIPA, and the need for a thorough review of the past decade’s surveillance orgy. For the Home Office to be considering adding to the mire of surveillance legislation by making Britain the first democratic state to monitor our emails, web use and social media messages without any review of RIPA seems dangerous at best and reckless at worst.
It is clear from this excellent report that the Protection of Freedoms Act must be the beginning of a serious discussion about civil liberties and privacy in modern Britain. Both of the Coalition parties made the issue of surveillance a key one before the election, and they are running out of time to finish the work they have started to tackle the Big Brother state.