Investigatory Powers Bill — Third Reading — Mass Surveillance — 7 Jun 2016 at 18:56

The majority of MPs taking part voted to allow the bulk interception of communications, equipment interference, and the retention and examination of bulk personal datasets, subject to certain safeguards. The majority of MPs also voted to allow communications providers to be required to retain information, including "internet connection records".

Provisions supported by the majority of MPs could allow the mass interception of people's communications as well as the retention and use by the state of datasets which could include personal banking, travel, and health data.

MPs were considering the Investigatory Powers Bill^[1].

The Bill:

• Permits bulk interception of communications with a bulk interception warrant, with targeted examination warrants being required prior to looking at data relating to a specific individual within the British Islands.
• Introduces bulk personal dataset warrants which permit the retention of bulk personal datasets, such as travel data.
• Provides for an offence of unlawful interception and sets out how lawful authority to carry out interception may be granted for example via warrants, consent, or via specific provisions allowing for example interceptions in prisons.
• Introduces equipment interference warrants and bulk equipment interference warrants which the intelligence services must obtain prior to activities which amount to certain computer misuse offences.
• Provides for the retention of communications data including internet connection records and sets criteria for their acquisition by public bodies.
• Provides for an offence of unlawfully obtaining communications data, and makes the provisions of the Investigatory Powers Bill generally the only way to access such data.
• Sets the circumstances in which interception warrants may be issued by the Secretary of State and requires the approval of a Judicial Commissioner.
• Requires the consultation of the Prime Minister before interception warrant targeting a Member of Parliament, a Member of the European Parliament representing the United Kingdom, or a member of one of the devolved legislatures is issued.
• Requires operators of communications services, including those outside the UK to assist with the implementation of authorised interception.
• Forbids specified persons disclosing the existence of interception warrants.
• Sets the circumstances under which public authorities may obtain communications data.
• Requires local council requests for communications data to be approved by a magistrate, a district judge in a magistrate's court in Northern Ireland or a sheriff in Scotland.
• Requires judicial approval for authorisations to identify or confirm journalistic sources.
• Creates an offence of disclosing an authorisation for the obtaining of communications data.
• Establishes the office of the Investigatory Powers Commissioner.
• Introduces a domestic route of appeal from the Investigatory Powers Tribunal.
• Requires communications service providers to be paid a fair contribution towards their costs of complying with the provisions in the Act.
• Provides for the Secretary of State to give a national security notice to any telecommunications operator in the UK requiring the operator to take steps appearing to the Secretary of State to be necessary in the interests of national security.
• Provides that the Secretary of State may impose obligations upon a postal operator, a telecommunications operator.

The motion supported by the majority of MPs taking part in the vote was:

• That the Bill be now read the Third time.

The approval of this motion enabled the Bill to continue on its path to becoming law.

• [1] Parliament's webpage on the Investigatory Powers Bill
• [2] Explanatory notes to the Investigatory Powers Bill - 1st of March 2016

Debate in Parliament |