Experts are concerned over the silence around the government's obligation to review the United Kingdom's surveillance laws. In 2018, the Investigatory Powers Act was passed, which gave the government sweeping powers to collect and analyze data on citizens. The legislation was met with widespread criticism from privacy advocates, who argued that it violated citizens' civil liberties.
The Act included a provision that required the government to review the legislation every two years. However, it has now been over two years since the Act was passed and there has been no indication that a review is taking place. This has led experts to question whether the government is fulfilling its obligations under the Act.
Peter Sommer, a computer forensics expert and expert witness, who advised the Joint Lords and Commons Select Committee carrying out the pre-legislative scrutiny of the draft Investigatory Powers Bill in 2015 and 2016.has said "The Investigatory Powers Act gives the government significant powers to access citizens' personal data and it's crucial that these powers are regularly reviewed to ensure they are not being misused. The lack of transparency and accountability is deeply concerning and undermines the public's trust in the government."
“The current status is causing massive problems in the NCA’s biggest investigation, Operation Venetic, where there are considerable doubts about the status of acquired EncroChat messages and photos. Are they admissible or not?” said Sommers.
Defence lawyers have issued a series of legal challenges against the National Crime Agency (NCA) over the admissibility of material intercepted from tens of thousands of Encrochat phones in the UK. The NCA had hacked into the encrypted messaging service, which was used by organized criminal groups, and used the intercepted messages as evidence in criminal trials. However, defence lawyers have argued that the NCA's actions were a violation of citizens' rights and that the intercepted messages should not be admissible in court.
The government's silence on this issue has also raised concerns about transparency and accountability. "The government should be transparent about its surveillance activities and ensure that they are subject to regular review," said Dr. Gus Hosein, Executive Director of Privacy International. "Without a review, there is no way for citizens to know if their rights are being protected."
"The government has a responsibility to review the Investigatory Powers Act and ensure that it is not being used to violate citizens' rights," said Emma Carr, Director of Big Brother Watch, a privacy advocacy group. "The ongoing pandemic has only highlighted the importance of protecting citizens' privacy and civil liberties."
The lack of a review is particularly worrying given the ongoing COVID-19 pandemic. The government has been using surveillance measures to track the spread of the virus, and privacy advocates have raised concerns that these measures could be used to justify further surveillance of citizens.The lack of a review is particularly worrying given the advent of the COVID-19 pandemic. The government has been using surveillance measures to track the spread of the virus, and privacy advocates have raised concerns that these measures could be used to justify further surveillance of citizens.
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