UK Presents Investigatory Powers Bill

On 4 November 2015 UK Home Secretary Theresa May introduced the Draft Investigatory Power Bill requiring UK communications companies to keep “internet connection records” of British citizens for 12 months for access by police, security services and other public bodies. The companies will be required to track every website visited but not every single page. Communications companies will also be required to maintain “permanent capabilities” to intercept and collect the personal data passing over their networks.

The bill provides for a ‘double-lock’ of approval for the use of interception. This means that a Judicial Commissioner will have to approve warrants issued by the Secretary of State. The new legislation explicitly includes in statute for the first time powers for the bulk collection of large volumes of communications and other personal data by secret services. The Home Secretary however revealed that UK authorities have already issued secret directions to internet and phone companies to hand over the communications data of UK citizens in bulk to the security services since 2001. The bill also makes explicit in law for the first time the powers of the security services and police to hack devices to acquire information and includes a legal duty for communications companies to help the police to do so if there is a warrant for “equipment interference” approved by a judge. The UK government however seems to walk back its plans to explicitly ban end-to-end encryption which is used for example in WhatsApp and iMessage communications.

The draft will now be subject to further consultation and pre-legislative scrutiny before a revised bill will be introduced to Parliament in spring. The current Data Retention and Investigatory Powers Act contains a sunset clause which means that legislation will cease to have effect from 31st December 2016 and has to be replaced until then.

May said “ internet connection records“ were simply the modern equivalent of an itemised phone bill”. Edward Snowden however called it “ the most intrusive and least accountable surveillance regime in the West” on Twitter.