Staff at social media companies such as Facebook and Twitter could face up to two years in prison if they tip off customers that they are under surveillance by police or the security services.
The Government’s draft Investigatory Powers Bill will make the unauthorised disclosure of operations carried out under the provisions of the legislation a criminal offence.
An explanatory note published with the Bill says: “The intent of these provisions is to prevent the so-called ‘tipping off’ of criminal suspects or subjects of interest that their data has been sought, thus informing them that they are under suspicion.”
The move reflects concern among ministers that some telecoms companies have warned suspects that details of their communications data have been requested by police or intelligence agencies.
A report earlier this year by David Anderson QC, the independent reviewer of terrorism laws, warned that some technology companies preferred to “protect customers’ privacy rather than co-operate with governments”.
“Some service providers will tip off a customer that they are under surveillance unless persuaded not to do so, typically by a court order,” he said.