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 Post subject: ISC: Access to communications data by the intelligence ...
PostPosted: Tue, 05 Feb 2013 17:40:40 +0000 
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http://isc.independent.gov.uk/files/201 ... Report.pdf

Intelligence and Security
Committee

Access to communications data
by the intelligence and security Agencies


Chairman:
The Rt. Hon. Sir Malcolm Rifkind, MP

Presented to Parliament
by the Prime Minister
by Command of Her Majesty
February 2013


...

SUMMARY

75. Any proposals to intrude into the lives of citizens will, understandably, prove controversial and will, rightly, provoke debate. In the case of communications data, however, we accept that there is a serious problem that requires action.

76. The UK is not alone in facing the problem of the deteriorating access to communications data. We have held conversations with some of our 5-Eyes counterparts who are clearly facing the same issues, as are our European allies. Some EU countries have cited the EU Data Retention Directive as the driver for change. However, the Directive does not impose any obligations on Communications Service Providers to retain data they do not need to hold for business purposes, and therefore cannot be used to address the ‘capability gap’. The UK is amongst countries such as France and Denmark which have therefore chosen to take both a forward-looking and a transparent approach in seeking to introduce new legislation. In the classified version of the Report we sent to the Prime Minister, we included a summary of international comparisons. This contained a large amount of sensitive information, and so cannot be reproduced in the published version.

77. Our Inquiry has focused on the problem as it relates to the UK’s intelligence and security Agencies: we reiterate that we do not see it as our role to form a judgement on the wider application of the draft Bill.

78. The Agencies require access to communications data – in certain tightly controlled circumstances and with appropriate authorisation – in the interests of national security. We recognise that changing technology means that the Agencies are unable to access all the communications data they need, that the problem is getting worse, and that action is needed now. We accept that legislation to update the current arrangements governing retention of communications data offers the most appropriate way forward.

79. Turning to the draft Bill, we strongly recommend that more thought is given to the level of detail that is included in the Bill, in particular in relation to the Order-making power. Whilst the Bill does need to be future-proofed to a certain extent, and we accept that it must not reveal operational capability, serious consideration must be given as to whether there is any room for manoeuvre on this point: Parliament and the public will require more information if they are to be convinced.

80. We have similar concerns regarding the background information accompanying the draft Bill. Whilst we recognise the need to take action quickly, the current proposals require further work. In particular, there seems to have been insufficient consultation with the Communications Service Providers on practical implementation, as well as a lack of coherent communication about the way in which communications data is used and the safeguards that will be in place. These points must be addressed in advance of the Bill being introduced.


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 Post subject: Re: ISC: Access to communications data by the intelligence
PostPosted: Wed, 06 Feb 2013 13:56:08 +0000 
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Joined: Fri, 01 Jul 2005 17:00:41 +0000
Posts: 991
Location: The Glorious Plutocratic ConDem Syndicate (Australo-Oriens locality)
Quote:
The Agencies require access to communications data – in certain tightly controlled circumstances and with appropriate authorisation – in the interests of national security.

The Agencies require access to communications data - with no control or authorisation requirements - simply because they want it. As "national security" is never defined it can mean anything and is used arbitrarily with no challenge. Thus they are forcing through legislation to capture data they couldn't before.

Quote:
... Parliament and the public will require more information if they are to be convinced

I for one will never be convinced that carte blanche communications retention of the entire population is necessary.

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