Category Archives: Intelligence and security agencies

Data retention / Human rights / Intelligence and security agencies / interception / Jurisdiction / mass surveillance / national security / Security / terrorism

Questions on UK bulk communications data capabilities referred to the EU Court of Justice

Posted on by • 1 Comment

The validity of EU Member State legislation to collect and analyse bulk communications (meta)data about us by the security agencies continues to be vexed by questions over the application of EU privacy law requirements The UK Investigatory Powers Tribunal (IPT) has this month referred questions to the EU Court of Justice (CJEU) in a decision … Continue reading →

Data protection / Intelligence and security agencies / Law enforcement / Privacy policies

New UK Decisions on the Data Protection Implications of Information Sharing with Law Enforcement

Posted on by • Leave a comment

Compliance with governmental requests for information raise a minefield of different laws, but data protection/privacy rights hold special pitfalls Determining when the sharing of personal data is legal can be a complicated exercise. Yet, the impetus for governmental agencies to collect and share more and more information is at an unprecedented high. In the EU, … Continue reading →

Cybersecurity / Intelligence and security agencies / Jurisdiction / Security

New EU Cyber Security Directive enters into force, alongside new US Cyber Incident Coordination Directive

Posted on by • Leave a comment

Cyber threats know no borders even if the law does…so how are cyber policies evolving in 2016 to deal with the increasing complexity and scale of cyber-incidents now faced by countries, businesses, and individuals? As anticipated in my post from January this year, a bolstering of cyber security legislation is squarely on the legislative and … Continue reading →

Intelligence and security agencies / interception / Personal data / Surveillance / terrorism

Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance Concerns Back in the Spotlight with the Investigatory Powers Bill

Posted on by • 2 Comments

Are proposals to introduce oversights over state powers to obtain, analyse, and retain mass sets of personal details sufficient to alleviate concerns where they include data about individuals unconnected to investigations? Much has been written about the UK government’s proposed new Investigatory Powers Bill (IPB) since it was published for consultation by the Home Office, … Continue reading →

Data retention / Intelligence and security agencies

Updated communications data codes of practice come into effect in the UK

Posted on by • 3 Comments

Legal framework for managing the processes around mandatory communications data regime formally enhanced Secondary legislation (the Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015 (SI 2015/927) and the Retention of Communications Data (Code of Practice) Order 2015 (SI 2015/926)) was enacted at the end of March, bringing into … Continue reading →

Intelligence and security agencies / interception

Two Parliamentary reports give unique insight into the operations of the UK intelligence services, while advocating for overhaul of “piecemeal and “unnecessarily complicated” surveillance rules

Posted on by • 3 Comments

Call for more transparency in UK surveillance legal regime accompanied by revelations regarding the existence of ‘bulk personal datasets’ Two important reports were presented to Parliament in March. They represent a landmark in terms of the level of transparency they provide surrounding the activities of the UK intelligence and security agencies. The reports are: The … Continue reading →

Intelligence and security agencies / interception

Interception of communications data by UK intelligence agencies breached human rights, rules Investigatory Powers Tribunal, but breach subsequently held to be rectified

Posted on by • Leave a comment

Tribunal throws unprecedented critical spotlight on the human-rights compliancy of the UK ‘spy’ agency activities revealed by Snowden The difficulties created by the borderless nature of modern communications are no more evident than when considered in the context of the duties of nation states to look after the security of their citizens, and the outpacing … Continue reading →