Response to the Privacy and Security Inquiry call for evidence
Below is a summary of the Commission's response to the Intelligence and Security Committee's Privacy and Security Inquiry (February 2014).
- The Commission considers that legislative reform is needed on this issue. We consider that an approach to determining when intrusive surveillance should be permitted based on ‘balancing’ potentially conflicting rights lacks clarity and rigour. Instead it could be helpful to establish a framework of principles which should govern authorisations, including the established principles of necessity and proportionality; and also legitimacy and fairness.
- While lawful surveillance will sometimes involve interference with the private communications of individuals other than a suspect, the principle of proportionality requires that any collateral interference with others' privacy be as little as is required to assure rights to security and other human rights. We also consider that reforms of the oversight mechanisms could improve the quality and independence of the audit process, which could increase public confidence.
- Given the already fragmentary nature of RIPA identified in the Commission's 2011 research report, we consider the legal framework governing privacy and surveillance should be the subject of general review rather than piecemeal reform. We have set out at paragraph 28 some specific recommendations both to authorisation of intrusive surveillance and to oversight and accountability processes.
Last Updated: 14 Jul 2014