UK Parliament / Open data

Investigatory Powers (Amendment) Bill [Lords]

I think we may be conflating different aspects of the Bill. I do believe that this already has oversight.

Let me answer the point raised by my hon. Friend the Member for Broxbourne, which touches on a similar area. Where people have the right to and expectation of privacy and freedom, this provision does not remove that right. What it does is allow the intelligence agencies to use bulk data to target an individual at a particular point, and the excess collected information will not be able to be used for targeting an individual without the warrant process that would be expected for any initial search. In that sense, this is not undermining anybody’s privacy; it is allowing for the fact that information is now largely in bulk format. The hon. Member for Barnsley Central was talking about steaming open envelopes. It is impossible to steam open a single envelope today; one has to steam open thousands because that is how data comes. Without an amendment such as that set out in the Bill, we would simply be interrupting the work of the intelligence services to the degree that it would hold them back and make the process harder, but I would be happy to take this up with my hon. Friend the Member for Broxbourne later if he wishes.

I thank the hon. Member for Halifax (Holly Lynch), who was here earlier and made an interesting point about the various ways in which the memorandum of understanding should be looked at through the National Security Act 2023. Friends of mine will know my thoughts on that and know that I gave the Conservative party the chance to allow me to change that 10-year absence, but the Conservative party chose somebody else to make that decision so I have sadly lost the ability to have that influence.

My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) made a typically insightful speech and typically sensible comments on the ways in which we must consider how the authorisation must not be used to mount general surveillance. Condition D will be used only when an applicant makes a clear and compelling case, based on tangible, reliable intelligence leads, information and analysis, that the resulting data will identify parties involved in a relevant serious crime or national security-related specified operation or investigation. The applicant must explain any anticipated collateral intrusion, and how this will be managed to ensure that the application is necessary and proportionate to the outcomes of the investigation.

About this proceeding contribution

Reference

745 c557 

Session

2023-24

Chamber / Committee

House of Commons chamber
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