Data privacy and the surveillance state - have your say here
Tell us what you think about the government's use of your data
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The House of Lords Constitution Committee report Surveillance: Citizens and the State makes 44 recommendations to protect individuals from invasions of their privacy related to surveillance and data collection.
What do you think of the so-called surveillance state and the use of government databases? Tell us your views by clicking on the red “add your comment” button at the end of this article.
The report urged the government to exercise more restraint over the use of data collection and electronic surveillance powers amid fears it is "undermining" the right to individual privacy and liberty.
The Lords’ recommendations include:
- The Information Commissioner should be given the same powers to carry out inspections of private sector organisations as for the public sector. Companies who refuse access to the Information Commissioner may well be those with something to hide.
- The Regulation of Investigatory Powers Act 2000 (RIPA) should be amended to include a system of judicial oversight for surveillance carried out by public authorities. Compensation should be paid to those who are found to have been subject to unlawful surveillance under RIPA powers.
- The government should reconsider whether local authorities are the appropriate bodies to exercise RIPA powers, and if they are to continue to possess those powers the government should define the circumstances in which their use is appropriate.
- The Data Protection Act should be amended to make it mandatory for government departments to produce an independent and publicly available Privacy Impact Assessment (PIA) prior to the adoption of any new data collection or processing scheme. There should be a role for the Information Commissioner in scrutinising and approving PIAs.
- The government should introduce a Bill to replace the existing regulatory framework governing the National DNA Database (NDNAD). This would provide an opportunity to reassess the length of time DNA profiles are retained and the regulatory oversight of the NDNAD. The DNA of people who voluntarily provide it to assist an investigation should be removed from the NDNAD at the close of that inquiry as a matter of law.
- The government should introduce a statutory regime for the use of CCTV by both the public and private sectors and introduce codes of practice which are legally binding on all CCTV schemes.
- A Parliamentary Joint Committee on surveillance and data powers of the state should be established. Any proposed legislation which would expand surveillance or data processing powers should be referred to this Committee for scrutiny.
Tell us what you think by clicking on the red “add your comment” button below.