The UK government has announced its plans to give more powers to the security and intelligence services to deal with the changing threats posed by new technology. The proposed changes to the Investigatory Powers Act, also known as the snoopers’ charter, would allow the agencies to access more data, impose restrictions on tech companies, and strengthen judicial oversight.
New Powers to Access Data
The government said it wants to update the bulk personal dataset regime, which allows the agencies to collect and analyse large amounts of data that are not targeted at specific individuals or groups. The government claims that the UK has less ability to retain and examine bulk personal datasets than its closest allies, and that this data is essential for identifying and disrupting threats.
The government also said it wants to make it easier for the agencies to use Internet Connection Records (ICRs), which are records of the internet services that a device connects to. ICRs can reveal information such as the websites visited, the apps used, and the location of the device. The government said it wants to clarify the conditions under which ICRs can be used, and speed up the processes for obtaining warrants.
New Powers to Regulate Tech Companies
The government said it wants to give the agencies more powers to deal with the challenges posed by global tech companies, such as encryption, data protection, and online harms. The government said it wants to introduce a new notices regime, which would require tech companies to obtain permission from the UK government before making changes to their products and services that could affect the ability of the agencies to access data.
The government said this regime would help the UK anticipate the risk to public safety caused by tech companies rolling out technology that prevents access to data, such as end-to-end encryption. The government said it would also help the UK to ensure that tech companies comply with their legal obligations to provide assistance to the agencies when requested.
The government said it would also give the agencies more powers to resolve conflicts with tech companies over the payment for their assistance. The government said it would enable the agencies to recover the costs of their assistance from tech companies, and to impose penalties for non-compliance.
New Powers to Strengthen Oversight
The government said it wants to strengthen the independent judicial oversight of the agencies’ activities, and to enhance the transparency and accountability of the system. The government said it wants to expand the role and functions of the Investigatory Powers Commissioner, who is responsible for overseeing the use of investigatory powers by the agencies and other public authorities.
The government said it wants to put some of the functions of the Investigatory Powers Commissioner on a statutory basis, such as the power to issue guidance, the power to conduct inspections, and the power to report on matters of public interest. The government said it also wants to give the Investigatory Powers Commissioner more powers to enforce compliance, such as the power to issue binding directions, the power to impose civil penalties, and the power to prosecute criminal offences.
The government said it also wants to improve the safeguards and protections for individuals whose data is accessed by the agencies, and to ensure that their rights are respected. The government said it wants to introduce a new right of appeal for individuals who are subject to interception warrants, and to extend the existing right of appeal for individuals who are subject to equipment interference warrants. The government said it also wants to ensure that individuals have access to effective remedies for any breaches of their rights.
Reaction and Response
The government said the proposed changes to the Investigatory Powers Act are necessary to keep pace with the rapid and diverse changes in technology, and to ensure that the UK has the capabilities and the legal framework to protect its national security and public safety.
The government said it would introduce the necessary legislation to implement the changes in due course, and that it would consult with stakeholders and the public on the details of the proposals.
The heads of MI5, SIS and GCHQ, the three main intelligence agencies in the UK, welcomed the government’s announcement and said the changes would enable them to have maximum impact on the increasingly complex and diverse threats facing the UK.
However, some civil liberties groups and privacy advocates criticised the government’s plans and said they would undermine the rights and freedoms of individuals and businesses. They said the changes would expand the mass surveillance powers of the agencies, and give them more control over the design and operation of tech products and services. They said the changes would also weaken the oversight and accountability of the agencies, and create more opportunities for abuse and misuse of data.
