Spy Blog is concerned with effective measures to protect our security and personal freedom, without using techniques indistinguishable from those of our enemies e.g. corrupt repressive foreign dictatorships or terrorist fanatics.
The anti-democratic "emergency" rush through of the Data Retention and Investigative Powers Act 2014, is scary, repressive, damaging to our economy and to the personal freedoms of millions of innocent people.
The DRIP Act was passed on Friday 18th July 2014 after only being announced on Thursday 10th July 2014. Even the Intelligence and Security Committee was not briefed until Tuesday 8th by the Home Office until just before the announcement.
There has been no public consultation whatsoever.
As there is no actual "emergency" which justifies this legislation, the public reputation of the Coalition Government and the Opposition with whom they stitched up a secret, backroom political deal, is further damaged - it is almost as if the hated NuLabour regime of Tony Blair and Gordon Brown were still in power.
In the usual Home Office / Whitehall securocrat way, this new legislation is both subtly evil and technologically incompetent - it may have unintended collateral damage "knock on effects" and it may also not actually legally achieve all that it is claimed to do.
- Text of the Data Retention and Investigative Powers Act 2014
- Home Office's inadequate supporting documents - N.B. no Privacy Impact Assessment, no financial impact assessment on impact on foreign companies
DRIP does not address European Court of Justice judgement, so will also be struck down again
Plenty of legal experts state the obious that the DRIP Act does not actually address the concerns of the European Court of Justice judgment which makes blanket rather than narrowly targeted Communications data Retention illegal:
- Is the UK Data Retention and Investigatory Powers Act in breach of EU law?
- Dissecting DRIP - the emergency Data Retention and Investigatory Powers Bill
There is no reason to suppose that DRIP will not also fail a legal challenge at the European Court of Justice or the different European Court of Human Rights on the same grounds of lack of proportionality.
Stupid lack of public consultation means flawed Regulations
Embargoed until after the stupid Regulations get rubber stamped by both Houses of Parliament - don't want to tip off the lazy and incompetent bureaucrats and politicians until they are "hoist by their own petard".