The Daily Telegraph

Police to lose ‘snooping’ powers

Forces will have to ask new regulator for internet data after European Court ruling that law is illegal

- By Ben Farmer

Ministers are preparing to strip police of surveillan­ce powers ruled illegal by the European Court of Justice. A consultati­on will suggest that a new regulatory body oversees police requests to look at surveillan­ce data. It would also set a threshold of the seriousnes­s of a case for use of surveillan­ce powers.

MINISTERS are preparing to strip police of controvers­ial surveillan­ce powers ruled illegal by the European Court of Justice. A government consultati­on to be launched today will suggest that a new regulatory body oversees police requests to look at surveillan­ce data.

The Daily Telegraph understand­s the consultati­on proposes taking the power to authorise data requests in serious and organised crime cases away from senior officers and giving the decision to a body, under the auspices of the Investigat­ory Powers Commission­er but funded by police forces.

It would also set a threshold of whether a criminal case was deemed serious enough for surveillan­ce powers, in most cases where a suspect could receive at least six months in prison. Ministers will also seek suggestion­s on whether there should be greater oversight of the intelligen­ce agencies’ use of the data.

However sources said ministers believed there was less public demand for regulation of the intercepti­on activities by MI5, GCHQ, the National Crime Agency and MI6 because of the threat from terrorism and organised crime.

Theresa May’s surveillan­ce laws were dealt a major setback in December 2016 after the European Union court ruled that the bulk collection of citizens’ internet browsing history was illegal under European law.

The 2014 Data Retention and Investigat­ory Powers Act and its successor, the 2016 Investigat­ory Powers Act, required internet and phone companies to keep their communicat­ions data for a year and regulate how police and intelligen­ce agencies gain access.

The ECJ, however, last year ruled that EU laws forbid the “general and indiscrimi­nate” retention of internet data. The Government has decided to try to comply with the ECJ ruling, even though Britain is heading for Brexit.

Prof Anthony Glees, director of the Centre for Security and Intelligen­ce Studies at the University of Buckingham, said some intelligen­ce allies such as Germany may be reluctant to cooperate with the UK if it did not abide by the court.

Silkie Carlo, senior advocacy officer at Liberty, the civil rights organisati­on, said: “We warned the Government ... that the authoritar­ian surveillan­ce powers in the Investigat­ory Powers Act were unlawful. It should be a source of deep embarrassm­ent that, less than a year after it passed, ministers have had to launch a public consultati­on asking for help to make it comply with people’s basic rights.”

A Home Office spokesman said yesterday: “We will be publishing for consultati­on our proposed response to the Court of Justice of the European Union’s ruling regarding the retention of communicat­ions data tomorrow. We will not comment on leaks or speculatio­n.”

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