Open Rights Group has responded to the results of the US election.
Executive Director Jim Killock said: “The US election has massive implications for the British public as both countries’ intelligence agencies are so closely integrated. The Snowden leaks showed us how GCHQ carries out work for the NSA and how the latter’s operatives can access GCHQ surveillance programmes. “The integration of the NSA and GCHQ puts into question the UK’s ability to have proper oversight of the surveillance of its citizens. The UK is dependent on US technology and data to such an extent that it is unlikely that we could separate our intelligence capabilities even if we wanted to. “Whilst the ‘special relationship’ has always been perceived to be in the UK’s interests, our politicians need to consider its implications in the age of bulk data collection and surveillance.” Notes to Editors Open Rights Group’s report Collect it all: GCHQ and mass surveillance outlines how GCHQ and the NSA are integrated. See sections 5.3 and 9.9: https://www.openrightsgroup.org/ourwork/reports/collect-it-all Contact: 07749785932 About Open Rights Group Open Rights Group is the UK’s leading voice defending freedom of expression, privacy, innovation, creativity and consumer rights on the Internet. Founded in 2005, we have over 3000 paying supporters and a movement of 36,000 activists. Winner of the Liberty Human Rights Campaigner of the Year Award 2012 https://www.openrightsgroup.org/about/
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NEWS RELEASE: CJEU hearing could find IPBill incompatible with EU law The Court of Justice of the European Union (CJEU) will today hold an emergency hearing that will have implications for the Investigatory Powers Bill, which is currently passing through Parliament. The CJEU has been asked to explain its April 2014 Judgment in a case brought by Digital Rights Ireland, which ruled blanket data retention severely interfered with rights to respect for private life and the protection of personal data. The Court also declared the Data Retention Directive invalid. Open Rights Group’s Legal Director, Myles Jackman said: “The Court found that you shouldn’t collect people’s data unless there is a specific reason and that there should be strict controls for allowing access to this data. With both DRIPA and the IPBill, the British government has ignored this call to respect our human rights. We look forward to the CJEU’s clarification of their ruling and hope that it rejects once and for all the blanket collection of our personal data.” ORG intervened in the case with Privacy International whose Camilla Graham Wood said: "The UK, in enacting legislation that is almost identical to the European Data Retention Directive which the CJEU ruled unlawful, is mandating data retention on a widespread, indiscriminate and untargeted basis. Such a broad and wholesale retention of communications data is in violation of European law.” Data Retention and Investigatory Powers Act (DRIPA) Three months after the Digital Rights Ireland Judgment, the British government fast-tracked the Data Retention and Investigatory Powers Act (DRIPA) through Parliament. This enabled the continued retention of personal communications data by Communications Service Providers in the UK. DRIPA was challenged by the MPs David Davis and Tom Watson in a judicial review brought by Liberty with ORG and Privacy International acting as intervenors. The High Court ruled that DRIPA was inconsistent with EU law. The ruling referred to two criteria laid down by the CJEU in the Digital Rights Ireland case: 1. DRIPA did not provide clear and precise rules about access to and use of the retained communications data. 2. Under DRIPA it is not a mandatory requirement for a court or an independent administrative body to authorise access to the retained data. When the Government appealed the High Court’s decision, the Court of Appeal asked the CJEU court to explain how the DRI ruling should be applied in the UK. Investigatory Powers Bill The IPB would extend the data that is retained by Communication Service Providers to include Internet Connection Records, which have been broadly described as records of users’ browsing history. The CJEU previously said that data should not be retained without a specific reason. The IPB would also continue to allow the police and government departments to authorise internally access to this data. This would fail to meet the criteria that independent courts or bodies should authorise access to data. From Open Rights Group This would create a “backdoor” to allow access to any encrypted file including personal conversations, medical records, and banking documents.
In the UK, members of the Don't Spy on Us coalition have also written to the Home Secretary to ask for clarification about provisions in the draft Investigatory Powers Bill. The draft Bill, which is being scrutinised by a parliamentary Joint Committee, currently includes provisions that would allow the Secretary of State to impose obligations on companies that would include the “removal of electronic protection.” In their letter, the Don't Spy on Us coalition point out that encryption keeps Internet users around the world safe and secure: “Encryption protects billions of people every day against threats, including criminals trying to steal our phones and laptops, cyber criminals trying to defraud us, or foreign intelligence agencies targeting companies' valuable trade secrets... Weakening the general security and privacy of communications systems erodes protections for everyone, and undermines trust in digital services.” Don't Spy on Us are calling for the UK government to state on the record that they do not intend to undermine digital security. Director of Don't Spy on Us, Eric King said: "Technology companies, civil society groups and academics have all sounded the alarm bell about obscure clauses in this bill that could force companies to weaken the security in technologies we all rely on everyday. The US, the Netherlands, and Finland have all made public statements recognising the public importance of strong encryption in recent months. We want a clear unambiguous statement from the Home Secretary that this bill won’t be used to backdoor encryption, to put peoples concern to rest, once and for all." For further information, contact: Eric King, Director of Don’t Spy on Us: 07986 860 013 Pam Cowburn, Communications Director, Open Rights Group: 07749785932 [The Don't Spy On Us is a coalition of organisations who defend privacy, free expression and digital rights in the UK and in Europe. Its executive includes Article 19, Big Brother Watch, English PEN, Liberty, Privacy International and Open Rights Group. The full letter to Home Secretary Theresa May is published here: https://www.dontspyonus.org.uk/blog/2016/01/11/letter-to-home-secretary-calling/ The letter to world leaders was organised by Access Now and is now open to public support: https://www.SecureTheInternet.org] |
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