Comment: Brown on the Wilson Doctrine

Spyblog has a very interesting comment on Brown's response to a written question by David Davis as to whether any MP has been subject to official surveillance or interception of communications in the last two years. Brown replies as follows: 'The Wilson doctrine continues to apply to all forms of surveillance and interception that are subject to authorisation by Secretary of State warrant.'

The author calls attention to the careful wording 'all forms of surveillance and interception that are subject to authorisation by Secretary of State warrant' would appear to only apply to:

1. Interception of Communications (electronic or postal) under the Regulation of Investigatory Powers Act 2000 Part 1 Chapter 1., which requires a Warrant or a Certificate signed by a Secretary of State (either the Home Secretary or the Foreign Secretary, usually)
2. A property interference and / or interference with wireless telegraphy warrant under the Intelligence Services Act 1994 sections 5 to 7

But leave out:

• GCHQ or any other public body authorised to intercept electronic communications, not via a Warrant but via a more general Certificate (e.g. for snooping, in bulk, on transatlantic fibre optic cables or satellite communications)

• Police units using the Police Act 1997 Part III powers
  
  
  
  • Property Interference i.e. authorised breaking and entering into homes or vehicles, usually to plant electronic bugging or tracking devices.
    
• Police or intelligence agency units using the rest of the Regulation of Investigatory Powers Act 2000 for: the various kinds of Surveillance:
• Directed Surveillance

• Covert Surveillance
• Intrusive Surveillance
  
  
• The use of Covert Human Intelligence Sources (CHIS) - informants and infiltrators
• Seizure of cryptographic keys and / or de-crypted plaintext.
• Communications Data:
  
  
  
  • Subscriber Details - Name and Address of land line or registered mobile phones<
• Location Based Services Data (instantaneous and historical tracking of mobile phone handsets)
• Communications Traffic Data (itemised phone bills, who called who and when "friendship trees", email server logfiles, internet access log files etc.
  

The Police or Military covert surveillance units (but not the Intelligence Agencies, without a Warrant) could also use the Counter Terrorism Act 2008 section 18 Material not subject to existing statutory restrictions

• DNA or fingerprint samples obtained in secret, through Property Interference or by Confidential Human Intelligence Sources
  

There are "official surveillance" techniques and Databases which are not covered by RIPA e.g.

• Automatic Number Plate Recognition (the Metropolitan Police have access to all of the Transport for London Congestion Charge ANPR data "in bulk, in real time", exempt from the Data Protection Act).

Passenger Name Records, credit card and email details data slurped from Airline, Train and Ferry Booking Systems

Transport for London Oyster Travel Smart Card data

The planned National Identity Register / ID Card scheme

Literally millions of CCTV surveillance cameras and recording devices

There are also other Government Departments which have granted themselves snooping powers, which fall outside of the RIPA or Intelligence Services legal frameworks:

• HM Treasury can demand "any document" by invoking the words "money laundering" or "terrorism finance"

• The Department for Work and Pensions employs thousands of "benefits fraud" investigators, and abuses the Social Security Act 2003 to get hold of Communications Data , without having to pay for it, which they would have to do under RIPA.
• Private companies designated as "anti-fraud organisations" under the Serious Crime Act 2007 can get hold of MPs' or Constituents' financial or medical data -- The next Home Office data security and privacy disaster ? Sharing all our financial details with private sector "specified anti-fraud organisations"