UK jointly leads Europe and world on privacy after big
improvements, says UN rights expert
GENEVA/LONDON (29 June 2018) – The UN Special Rapporteur
on the right to privacy, Joe Cannataci, has praised significant improvements in
the UK’s system of privacy protection, and has made several recommendations for
further reform in a number of areas, including surveillance and health data.
“Three years ago, I openly criticized the UK’s system of
oversight of its intelligent services as a joke.
Today, I am pleased to see
that my concerns and recommendations seem to have been listened to and that,
thanks largely to pressure from civil society and many concerned officials and
members of the UK Parliament, the UK’s oversight regime has been significantly
improved,” said Mr. Cannataci in a statement at the end of his first official
visit to the UK.
The problem was tackled by the development and
implementation of the Investigatory Powers Act 2016.
“This piece of legislation has also been much improved
since I called the first draft ‘worse than scary’ back in November 2015.
It
still remains a subject of controversy, especially with some NGOs, and the jury
is still out as to whether some of the safeguards it now offers will completely
succeed but, on the whole, there can be no doubt that the oversight regime it
has established is a significant improvement on what existed before,” said the
UN expert.
“This includes the establishment of a better resourced
Investigatory Powers Commissioner’s Office (IPCO) and the double-lock system,
with the involvement of the equivalent of five full-time Judicial Commissioners
who are tasked with reviewing the most sensitive authorization decisions signed
off by politicians such as the Home Secretary or the Foreign Secretary,” Mr.
Cannataci added.
“During my visit, I had meetings with GCHQ, MI5 and SIS
as well as the Home Office, the outcomes of which were corroborated by evidence
received from IPCO and other sources.
“I am satisfied that the UK systematically employs
multiple safeguards which go to great lengths to ensure that unauthorized
surveillance does not take place, and that when authorization is sought it is
granted only after the necessity and proportionality of the surveillance
measure are justified on a case-by-case basis,” Mr. Cannataci emphasized.
“Moreover, from a UN perspective, I am greatly encouraged
that the UK has translated its commitment to human rights globally into
procedures which do not discriminate between UK citizens and non-UK citizens
when it comes to safeguards employed and remedies available.”
Mr. Cannataci also commended the public commitment and
the new push for greater transparency taken by IPCO as well as the special
attention that this new oversight authority is paying to controversial subjects
such as bulk powers.
He remains concerned, however, about certain possible
deficiencies inherent in the new UK Investigatory Powers Act 2016.
“I have no reason to doubt the integrity and competence
of the leadership and staff of the new oversight authority, IPCO.
On the
contrary, I am very positively impressed by the efforts they are making in so
many areas, and look forward to working closely with them in order to be able
to take the many good practices that they are developing and share them with
other UN member states,” the Special Rapporteur said.
“My remaining concern about the new oversight authority
is not about the people who staff it or the efficiency with which they do their
job. It would seem to me that the relatively extensive safeguards now provided
by UK law are in very good hands indeed.
The concern that I have expressed with
the UK authorities lies with those parts of the IPA 2016 which imposes on IPCO
the dual task of both authorizing surveillance and then providing oversight of
the way it is carried out,” Mr. Cannataci explained.
“To many observers and especially people outside the UK,
the new law seems to create a situation whereby someone is expected to mark his
own homework. This is rather undesirable, since justice should not only be done
but also seen to be done.
“This arrangement would probably also detract from the
ability to utilize the UK system as a model in other jurisdictions where the
culture may be different and not sufficiently robust in key aspects such as
judicial integrity,” added Mr. Cannataci.
“The proof of the pudding will be in the eating,” said
Mr. Cannataci, who recommends that this aspect of the IPA 2016 be subjected to
special attention when the law is reviewed in or after 2021.
“I have probed several aspects of the controversial
subject of bulk acquisition including ‘bulk interference’ which give rise to
serious concern about the proportionality and necessity of such measures,” Mr.
Cannataci continued.
“The conclusions of the case studies to be found within
the Anderson report (August 2016 Bulk Powers Review) may be construed as
confirming the necessity of such measures, but I have recommended to the Chair
of the Intelligence and Security Committee (ISC) of the UK Parliament that the
ISC exercises its powers and revisits the subject of necessity of the use of
bulk acquisition during the next three to five years.
“If these controversial powers are found to be both
proportionate and truly necessary in practice then the current provisions of
the law may be retained. If not however, I would expect the law to be suitably
revised,” the expert stressed.
“While the new set-up may still contain a number of
imperfections, the UK has now equipped itself with a legal framework and
significant resources designed to protect privacy without compromising
security,” said Mr. Cannataci.
“Given its history in the protection of civil liberties
and the significant recent improvement in its privacy laws and mechanisms, the
UK can now justifiably reclaim its leadership role in Europe as well as
globally.
“The UK is now co-leading with that tiny minority of EU
states which have made a successful effort to update their legislative and
oversight frameworks dealing with surveillance.
This will remain
work-in-progress for years to come, during which I look forward to the UK
engaging with the mandate of the Special Rapporteur on the right to privacy in
efforts to raise the level of protection globally through good practices and
innovative legislation,” Mr. Cannataci concluded.
During his two-week visit, the expert travelled to
London, Edinburgh, Belfast and Cardiff, and met officials at national and local
levels, representatives of civil society, businesses and academics.
Mr. Cannataci will present a comprehensive report
containing his findings and recommendations to the UN Human Rights Council in
March 2019.
ENDS
Mr. Joseph Cannataci (Malta) was appointed as the first
Special Rapporteur on the right to privacy by the Human Rights Council in July
2015. He is an academic who has had a pioneering role in the development on
data protection, privacy law and technology law.
A UK Chartered Information
Technology Professional & Fellow of the British Computer Society, he also
continues to act as Expert Consultant to a number of international
organisations. In March 2018 the Human Rights Council renewed his mandate to July
2021.
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council.
Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world.
Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
For more information and media inquiries, please contact:
During and after the visit: Mr. Jon Izagirre Garcia (+41
22 917 79 15 in Geneva / +41 79 752 04 81 during the mission /jizagirre@ohchr.org)
For media inquiries related to other UN independent
experts:
This year is the 70th anniversary of the Universal
Declaration of Human Rights, adopted by the UN on 10 December 1948.
The
Universal Declaration – translated into a world record 500 languages – is
rooted in the principle that “all human beings are born free and equal in
dignity and rights.”
It remains relevant to everyone, every day. In honour of
the 70th anniversary of this extraordinarily influential document, and to
prevent its vital principles from being eroded, we are urging people everywhere
to Stand Up for Human Rights: www.standup4humanrights.org
