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Proposed new spying laws will be presented to Parliament on Tuesday. Here are some of the key questions about the Investigatory Powers Bill:
New legislation drawn up in an attempt to bring the snooping powers available to police and intelligence agencies to tackle terrorism and serious crime in the digital age under one legal umbrella for the first time.
The current system is seen as an unwieldy patchwork of different powers covered by different laws. But there is also a logistical reason – the current laws expire at the end of 2016.
Current tactics such as access to communications data – the who, when and where but not the content – targeted interception of electronic communications, the collection of bulk data and the ability to mount IT attacks – known as equipment interference.
Firms will now be required to store data relating to people’s web use for up to a year, but the Government has repeatedly stressed that internet connection records (ICRs) will not cover users’ full browsing history or include the actual content of a communication. Judges will be handed a role in the process for authorising more intrusive capabilities.
Yes. The draft Bill was unveiled in November, but now ministers are set to publish a revised version after three separate parliamentary committees raised concerns about clarity and privacy and made scores of recommendations.
Sources say the revised Bill reflects the majority of the recommendations, is clearer and includes stronger privacy safeguards. A fourth purpose for which authorities can access ICRs is expected to be added – the pursuit of “investigative leads”. An “operational case” for bulk powers – used to gather large amounts of data – will be published for the first time.
The Government has always said the Bill will not impose additional requirements in relation to encryption beyond the obligations under existing laws. The revised Bill is expected to spell out the position more explicitly and put beyond doubt that companies can only be asked to remove encryption where it is “practicable”.
It will now be subject to scrutiny by both Houses of Parliament. The Conservatives now have a majority which they did not have when the Communications Data Bill – labelled a “snooper’s charter” by critics – was ditched in 2013 – but the new Bill is still likely to prove controversial.
