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5. Joint cross-sectoral statement: Concerns Regarding the Investigatory Powers
(Amendment) Bill

techUK news and views
22 Mar 2024

JOINT CROSS-SECTORAL STATEMENT: CONCERNS REGARDING THE INVESTIGATORY POWERS
(AMENDMENT) BILL

techUK and a broad range of stakeholders have issued a joint statement on 22
March, expressing our concerns about the Investigatory Powers (Amendment) Bill.

You can download the joint statement directly here, or read below.

Joint Statement: Concerns Regarding the Investigatory Powers (Amendment) Bill
22 March 2024

We, the undersigned, would like to express our joint concerns about the
Investigatory Powers (Amendment) Bill. While the Home Office has briefed
interested parties on the Bill, the discussion has been limited to the
amendments and not the wider operation of the revised regime. This limitation
has led to a lack of technical clarity in several definitions within the Act and
the Bill, and ambiguity in the application of certain criteria tests.

We believe the rushed passage of this legislation has hindered proper scrutiny.
Our shared and substantial concerns have therefore not yet been addressed in a
meaningful way.

The IP(A) Bill amends the Investigatory Powers Act (IPA) 2016, which was
legislated for after a comparatively lengthy debate on safeguarding national
security with individuals’ fundamental rights and embedding safeguards including
transparency and judicial authorisation. In contrast, the IP(A) Bill’s passage
through Parliament was rushed, limiting opportunities for public engagement and
appropriate scrutiny. For instance, the required human rights impact assessment,
and evidence from the Equality and Human Rights Commission and the Joint
Committee on Human Rights were not available for the Lords’ debate due to the
hasty process.

Additionally, it is concerning that the Impact Assessment has failed to produce
solid conclusions about the purported costs and benefits of the Bill. This
raises questions about transparency and the evaluation process itself.
Stakeholders are left unable to effectively assess the overall impact of the
legislation, in turn weakening accountability and oversight in the legislative
process.

As stressed by the majority of the speakers during the Bill’s second reading in
the House of Commons, the current set of reforms aim to deliver a balanced and
proportionate approach, to ensure that the operation of the legal framework
governing the IPA regime safeguards the legitimate aims of national security and
public safety without compromising the privacy, security, or safety of citizens.
We believe the Bill in its current form falls short of that standard.

Taking the right approach is crucial to maintaining the UK's international
reputation as a jurisdiction that takes a balanced and proportionate approach to
regulation that is supported by strong accountability mechanisms.

The government has stated that the changes set out in the IP(A) Bill are
necessary to protect the existing capabilities that keep our citizens safe.
While we support the legitimate aims of proportionate investigatory powers to
keep citizens safe, we are of the view that the proposed reforms raise a number
of concerns:

* Weakened safeguards when intelligence services collect bulk datasets of
personal information, potentially enabling the harvesting of millions of
facial images and social media data;
* Expressly permitting the harvesting and processing of internet connection
records for generalised, mass surveillance;
* Expanding the range of politicians who can authorise the surveillance of
parliamentarians;
* Impeding companies’ ability to innovate and advance the data protection, data
security, and data minimisation efforts expected by users, governments and
regulators globally;
* Severely restricting the use of security enhancing technologies, resulting in
the increased government intrusion of citizen confidentiality and privacy – a
basic human right;
* Opening the door for indiscriminate, arbitrary interference with users who
are not the targets, via the introduction of systemic vulnerabilities that
would pose security and privacy risks;
* Making the UK the weak link in the chain of online security, with the
UK-developed products and services becoming less appealing, because adopters
will fear that they have been designed for Government access, and the UK will
become a more appealing target for criminals and hostile nation states;
* Exacerbating and/or creating new conflicts of laws including with the vast
body of digital regulation that has been introduced around the world since
2016, without clear mitigation plans. The UK would likely take issue with
other countries passing similar laws that would influence the security of
products that are used globally.

Additionally, there is a pressing need for greater and more thorough technical
support to assist judicial commissioners at Investigatory Powers Commissioner’s
Office in reaching decisions and exercising oversight effectively. Notably, the
Intelligence and Security Committee and the Investigatory Powers Tribunal
possess limited capabilities to conduct independent inquiries, further
underscoring the importance of enhanced technical assistance.

Despite the widespread concerns from diverse stakeholders, there has been no
holistic debate about the operation and effect of an amended Act. The Bill has
seen a rapid passage through the Parliament, lacking substantive amendments to
address our shared concerns.

Our overarching worries remain that the significance of the proposed changes is
being downplayed. Therefore, we continue reiterating the critical need for
rigorous scrutiny, to ensure all concerns are addressed, as is appropriate for a
Bill with such significant impacts.

Yours sincerely,

* Big Brother Watch
* The Center for Democracy and Technology
* Committee to Protect Journalists (CPJ)
* Computer and Communications Industry Association (CCIA)
* Professor Angela Daly, University of Dundee
* Dr Benjamin Dowling (Lecturer in Cybersecurity, University of Sheffield)
* The Global Network Initiative (GNI)
* Dr Tristan Henderson (School of Computer Science, University of St Andrews)
* Professor Alice Hutchings, University of Cambridge
* Information Technology and Innovation Foundation (ITIF)
* Information Technology Industry Council (ITI)
* Internet Society
* Internet Society UK England Chapter
* Liberty
* OpenNet Korea
* Open Rights Group
* Privacy International
* Startup Coalition
* techUK
* Dr Daniel R. Thomas (Computer & Information Sciences, University of
Strathclyde)

--------------------------------------------------------------------------------

AUDRE VERSECKAITE

Senior Policy Manager, Data & AI, techUK

AUDRE VERSECKAITE

Senior Policy Manager, Data & AI, techUK

Audre joined techUK in July 2023 as a Policy Manager for Data. Previously, she
was a Policy Advisor in the Civil Service, where she worked on the Digital
Markets, Competition and Consumers Bill at the Department for Science,
Innovation and Technology, and at HM Treasury on designing COVID-19 support
schemes and delivering the Financial Services and Markets Bill. Before that,
Audre worked at a public relations consultancy, advising public and private
sector clients on their communications, public relations, and government affairs
strategy.

Prior to this, Audre completed an MSc in Public Policy at the Korea Development
Institute and a Bachelor's in International Relations and History from SOAS,
University of London. Outside of work, she enjoys spending time outdoors,
learning about new cultures through travel and food, and going on adventures.

Email: audre.verseckaite@techuk.org Website: www.techUK.org,www.techUK.org
LinkedIn:
https://www.linkedin.com/in/audre-v-81b2b0a2/,https://www.linkedin.com/in/audre-v-81b2b0a2/

www.techuk.org Open in urlscan Pro 2606:4700:3108::ac42:2b48 Public Scan

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www.techuk.org Open in urlscan Pro
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