Legislation to access public's texts and emails put on hold
Widespread concern about the safety and security of communications data prompts Home Office rethink
Plans for a £2bn Home Office surveillance project to track details of everyone's email, mobile phone, text and internet use have been put on hold after a consultation raised concerns over its technical feasibility, costs and privacy safeguards.
The Home Office has confirmed that legislation for the project, known in Whitehall as the "interception modernisation programme", will not be included in next week's Queen's Speech and is unlikely before a general election. The fresh delay follows concerns raised by internet service providers and mobile phone operators over the project's feasibility, and anxieties over who would foot the bill.
Half of the 221 respondents to the Home Office consultation held over the summer voiced concerns about proposed privacy safeguards and the potential for abuse.
Further delays in the IMP will frustrate security chiefs who argue it is vital to investigate terrorism and serious crimes. Critics say it amounts to a major extension of surveillance powers.
The Home Office ditched plans earlier this year for a central database tracking all phone, text, email and internet use. Instead ministers want internet service providers and phone companies to store this data for access by police and security services. The data includes who contacts whom, when, where and how – but not the content of what was said or written.
The Home Office summary of the responses to its consultation published shows that the internet and phone industry want assurances that they will be compensated for the costs involved and also fear technical problems.
Many companies currently only keep such details for billing purposes, but now they would have to intercept and store data from third party sources such as GMail, Skype, Facebook and Twitter. They question whether such demands are reasonable or technically feasible.
Ministers are to review all current mechanisms, including social security fraud legislation, that allows public bodies access to phone and communications records to see if it is feasible to ensure all access is through the Regulation of Investigatory Powers Act, which includes rigorous safeguards and independent oversight.
Home Office minister David Hanson said the consultation had recognised the importance of communications data in protecting the public and the demands placed by rapidly changing technologies.
He said the government would continue to work with service providers to minimise the impact upon them. "We will ensure any new proposals include strong safeguards to minimise the potential for abuse."
The justice ministry proposed yesterday to give the Information Commissioner the power to fine those involved in breaches of personal data protection laws up to £500,000.
The Liberal Democrat home affairs spokesman, Chris Huhne, said: "It is no surprise that these plans are being shelved until after the election– it allows ministers to continue to be vague about costs and safeguards.
"Any legislation requiring communications providers to keep data on who called whom, and when, will need strong safeguards on access. It is simply not that easy to separate the bare details of a call from its content. What if a leading business person is ringing Alcoholics Anonymous? There has to be a careful balance between investigative powers and the right to privacy."
Shami Chakrabarti, director of Liberty, said: "The Big Brother ambitions of a group of senior Whitehall technocrats are delayed, but not diminished. We need a bold alliance of phone companies who fear losing public trust and concerned citizens to come together in opposition to these plans.
"If the authorities need to build up an intimate picture of a suspect's communications, they should have to go to a judge for a warrant.
"Law-abiding people have sustained too many blanket attacks on their privacy and they've had enough."
Alan Travis
Tuesday 10 November 2009 01.16 GMT
guardian.co.uk © Guardian News and Media Limited 2009
Widespread concern about the safety and security of communications data prompts Home Office rethink
Plans for a £2bn Home Office surveillance project to track details of everyone's email, mobile phone, text and internet use have been put on hold after a consultation raised concerns over its technical feasibility, costs and privacy safeguards.
The Home Office has confirmed that legislation for the project, known in Whitehall as the "interception modernisation programme", will not be included in next week's Queen's Speech and is unlikely before a general election. The fresh delay follows concerns raised by internet service providers and mobile phone operators over the project's feasibility, and anxieties over who would foot the bill.
Half of the 221 respondents to the Home Office consultation held over the summer voiced concerns about proposed privacy safeguards and the potential for abuse.
Further delays in the IMP will frustrate security chiefs who argue it is vital to investigate terrorism and serious crimes. Critics say it amounts to a major extension of surveillance powers.
The Home Office ditched plans earlier this year for a central database tracking all phone, text, email and internet use. Instead ministers want internet service providers and phone companies to store this data for access by police and security services. The data includes who contacts whom, when, where and how – but not the content of what was said or written.
The Home Office summary of the responses to its consultation published shows that the internet and phone industry want assurances that they will be compensated for the costs involved and also fear technical problems.
Many companies currently only keep such details for billing purposes, but now they would have to intercept and store data from third party sources such as GMail, Skype, Facebook and Twitter. They question whether such demands are reasonable or technically feasible.
Ministers are to review all current mechanisms, including social security fraud legislation, that allows public bodies access to phone and communications records to see if it is feasible to ensure all access is through the Regulation of Investigatory Powers Act, which includes rigorous safeguards and independent oversight.
Home Office minister David Hanson said the consultation had recognised the importance of communications data in protecting the public and the demands placed by rapidly changing technologies.
He said the government would continue to work with service providers to minimise the impact upon them. "We will ensure any new proposals include strong safeguards to minimise the potential for abuse."
The justice ministry proposed yesterday to give the Information Commissioner the power to fine those involved in breaches of personal data protection laws up to £500,000.
The Liberal Democrat home affairs spokesman, Chris Huhne, said: "It is no surprise that these plans are being shelved until after the election– it allows ministers to continue to be vague about costs and safeguards.
"Any legislation requiring communications providers to keep data on who called whom, and when, will need strong safeguards on access. It is simply not that easy to separate the bare details of a call from its content. What if a leading business person is ringing Alcoholics Anonymous? There has to be a careful balance between investigative powers and the right to privacy."
Shami Chakrabarti, director of Liberty, said: "The Big Brother ambitions of a group of senior Whitehall technocrats are delayed, but not diminished. We need a bold alliance of phone companies who fear losing public trust and concerned citizens to come together in opposition to these plans.
"If the authorities need to build up an intimate picture of a suspect's communications, they should have to go to a judge for a warrant.
"Law-abiding people have sustained too many blanket attacks on their privacy and they've had enough."
Alan Travis
Tuesday 10 November 2009 01.16 GMT
guardian.co.uk © Guardian News and Media Limited 2009
