Draft Communications Data Bill (UK)

This draft bill is currently under review by a UK parliamentary joint committee. They have given about a six week window for public comment - here is my submission:

The powers proposed under the bill are neither necessary nor proportionate and will do little to curb the activities of criminals and terrorists as they will always seek ways to avoid surveillance. Storing the communications data of everyone will make us a nation of suspects and will fundamentally change the nature of the relationship between the citizen and the state. The UK is as far as I am aware the only democratic country in the world proposing to gather communications data in this way; similar attempts by other countries such as Germany have been ruled unconstitutional.

The widespread use of services provided through the internet means that even the communications data of individuals reveals much more about their lives (e.g. which websites you have visited, financial institutions accessed etc) than the details of phone calls previously required to be held by CSPs. This information can reveal a lot about a person: their health, their hobbies and their political and business interests. Perspectives on what communications data it is acceptable to retain must clearly be refocused in an age when internet use is so pervasive.

A multiplicity of databases held and managed by private companies, containing ‘communications data’ presents a significantly increased risk of security breaches. So citizens will not only be subject to their communications data being intercepted without any warrant process but also at increased risk of this sensitive data being accessed by criminal or foreign interests.

The underlying technology required to support the proposals detailed in the draft bill needs to be more explicitly stated so that proper scrutiny can be made as to potential issues that might arise in its use.

The requirement for Request Filters outlined in the draft bill is so broadly worded that it would allow data mining of all the communications data collected and encourage 'fishing trips'. Non of this would require a warrant.

The need to achieve the right balance between maintaining the ability of law enforcement and intelligence agencies and upholding civil liberties is a critical issue and needs the utmost scrutiny by Parliament.

The draft bill in its present form falls short in so many areas that it needs completely redrafting to better reflect the balance of the legitimate needs of the security and intelligence services and the privacy of the citizen.

I urge the joint committee to recommend a redrafting of this bill to reflect the concerns raised in the hearings and in this consultation process.