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Investigatory Powers (Amendment) Bill [Lords] - Sitting 1
07 March 2024
Type
Public Bill Committee
At a Glance
Issue Summary
MP Judith Cummins outlines procedural details for considering the Investigatory Powers (Amendment) Bill [Lords], including the schedule of meetings and debate on amendments. The statement addresses the need to update the Investigatory Powers Bill from 2016 due to rapid changes in data management and privacy concerns. John Hayes discusses the Investigatory Powers (Amendment) Bill [Lords], emphasizing the importance of bulk powers for national security and intelligence services. The statement discusses the scope and implications of 'low or no reasonable expectation of privacy' for bulk personal datasets (BPDs) under the Investigatory Powers (Amendment) Bill. The statement addresses concerns regarding the ambiguity of defining 'low or no reasonable expectation of privacy' in the context of personal datasets under the Investigatory Powers Act. The statement discusses the clarity and interpretation of 'reasonable expectation' under the Investigatory Powers Bill concerning leaked data and public accessibility. The statement discusses amendments to remove the concept of 'category authorisations' from the Investigatory Powers Bill, focusing on their impact on oversight mechanisms. Judith Cummins discusses an amendment that would require information about the scale and nature of use of category authorisations to be provided to the Intelligence and Security Committee. The statement addresses the proposal to require a simple email notification from security services to IPCO regarding certain operations under new powers granted by the Bill, aimed at providing real-time oversight without impeding operational agility. Judith Cummins discusses concerns about the use of marked electoral registers by intelligence services under third-party bulk personal dataset warrants. The statement discusses the Investigatory Powers (Amendment) Bill, specifically clause 5 which addresses third-party bulk personal datasets and their examination by intelligence services.
Action Requested
Judith Cummins informs Members that copies of written evidence will be available in the Committee Room and circulated by email. She also explains the process for debating and voting on grouped amendments.
Key Facts
- The Bill is to be considered line-by-line starting with Clause 1.
- Amendments are debated in groups based on similar issues but decided upon in their original order on the amendment paper.
- Decisions on new clauses will be taken after all existing clauses of the Bill have been considered.
- Concerns about state acquisition of bulk data were raised during debates on the 2016 Act.
- The public and parliamentarians need reassurance regarding how data is handled by security services.
- Oversight mechanisms are crucial when extending security services' powers.
- Bulk powers are used in almost all investigations (95%).
- Lord Anderson reviewed the Investigatory Powers Bill and found a solid case for the powers with proper safeguards.
- Over 95% of cyber-attacks on people and businesses in the UK were identified due to bulk power measures.
- The amendment aims to probe the meaning of 'low or no reasonable expectation of privacy'.
- An example scenario involves an unintended leak of personal details of House staff in March 2017.
- Another scenario includes a deliberate data breach like the Duolingo incident affecting over 2 million users.
- Clause 2 aims to remove the need for further judicial authorisation for certain personal dataset retention.
- Amendment 14 demands an explanation of how the regime fits alongside data protection standards.
- The concept of 'reasonable expectation of privacy' is seen as ambiguous and potentially problematic.
- The government's programme addresses leaks on the internet or any other portal.
- Proposed new section 226B(4)(b) is mentioned for authorization necessity.
- 'Low expectation of privacy' and 'no expectation of privacy' are discussed in determining data classification.
- Amendment 23 seeks to remove proposed new section 226BA.
- Category authorisations would be removed from the Bill if amendment 23 is passed.
- Judicial oversight of 'low or no' category authorisations is less stringent compared to other types.
- The amendment would require information about bulk datasets retained or examined under each category authorisation granted during the relevant period.
- It aims to close the gap between adding a new dataset and existing oversight procedures.
- The proposed amendment requires a one-line email notification from security services to IPCO.
- The existing Bill grants new powers to the security services without requiring real-time oversight.
- IPCO is required to investigate at 12 months, but the amendment seeks immediate transparency.
- Amendment 16 would prevent third-party bulk personal dataset warrants from authorising the examination of a dataset containing voting records.
- The marked electoral register contains names crossed off to indicate who has voted, aiding canvassing and voter engagement.
- Copies of the marked electoral register should be used solely for defending and strengthening democratic processes.
- Clause 5 establishes robust oversight and safeguards for the examination of third-party datasets.
- Third-party dataset warrants are subject to a 'double lock' requiring approval from both the Secretary of State and an independent judicial commissioner.
- The Investigatory Powers Commissioner oversees the regime to ensure necessity and proportionality.
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