Investigatory Powers Bill

Debate between Lord Strasburger and Lord Ashton of Hyde

Monday 11th July 2016 Lords Chamber

[Lord Strasburger (LD)]

My Lords, it is a good idea to remind ourselves at times like these that we live in a democracy, and part of what defines a democracy is that our Government do not rule us and we are not their subjects; they govern on our behalf, and with our consent. So when our Government ask us to hand over prodigious quantities of our information that reveal in detail how we live our private lives, we must take great care.

We all have something to fear from these surveillance powers, for none of us can guarantee the benevolence of future Governments. The surveillance programmes run by our Government now go far beyond anything George Orwell imagined. The more personal data are dredged up and stored, the more the risk of misuse. Now that most of us carry smartphones, government agencies and the police have unprecedented access to location information about where we are 24 hours a day, seven days a week. They can also get their hands on all the information on our phones and computers: our contacts, our diaries, our emails, our web browsing, our social networking and everything we do on the internet. Their access to our lives has expanded massively in the past 10 years. In addition, there are myriad new databases that create digital dossiers about our lives which are held by private companies and public bodies, including our banks and our doctors, and the Government have access to all of them.

In short, far from going dark, as is often claimed, the police and security services are enjoying a golden age of surveillance. If government agencies were offered the choice of current capabilities or pre-internet capabilities, they would overwhelmingly prefer their surveillance abilities today. Listen to the words of Wolfgang Schmidt, who was a lieutenant-colonel in the Stasi in Berlin. When he first learned of the extent of surveillance currently carried out on their populations by the British and American Governments, Schmidt thought carefully and then said:

“You know, for us, this would have been a dream come true”.

Some proponents of bulk surveillance tell us, “You have nothing to fear, if you have nothing to hide”. It has been said that the original maker of that claim was Joseph Goebbels. Many people’s response is simply, “I don’t have anything to hide, but I don’t have anything I feel like showing you either, and the way I live my life is none of the state’s business”.

I fully support the amendments in this group. They seek to give effect to the Intelligence and Security Committee’s—

[Lord Ashton of Hyde (Con)]

My Lords, I am grateful to the noble Lord for giving way. We have a great number of amendments to deal with today. I respectfully ask the noble Lord to address the amendments.

[Lord Strasburger]

That is exactly what I was just doing.

I fully support the amendments in this group. They seek to give effect to the Intelligence and Security Committee’s demand that privacy protections should form the backbone of the legislation around which these surveillance powers are built as exceptions to the privacy norm.

Clause 2 was the Government’s answer to the ISC’s demand, but it is incomplete and insufficient and needs to be seriously beefed up. The amendments in this group give full effect to the ISC’s reasonable requirement that privacy should be the backbone of the Bill by, among other things, incorporating the 10 tests devised by the Royal United Services Institute review. I commend these amendments to the House.

Investigatory Powers Bill

Debate between Lord Strasburger and Lord Ashton of Hyde

Monday 27th June 2016 Lords Chamber

[Lord Strasburger]

Thank you.

Sometimes, possibly well-meant attempts to improve our safety by treating every citizen as a suspect and collecting everyone’s private data could have the unintended consequence of making us less safe. I am thinking of bulk surveillance powers, which some experts say risk hiding data about the bad guys under a tsunami of personal and private data about the 99% of us who will never be terrorists or paedophiles. Furthermore, by storing 12 months of our internet activity at our service providers to derive a debatable security benefit, we would be exposing all internet users to the entirely new and self-inflicted risk of the theft of that very revealing data by thieves, blackmailers and foreign spooks. There is plenty of experience of cyberthefts to tell us that our personal data will be stolen, whatever bland assurances we get from the Government that they will not.

So the Bill has the potential to be a good one, but it is not yet there and we have much work to do to get it there. I look forward to working with my colleagues on these Benches to achieve that—and, importantly, I hope also to work with noble Lords on the Labour, Cross-Bench and Government Benches to make the Bill fit for purpose and the best it can be.

[Lord Ashton of Hyde (Con)]

My Lords, I know that the speaking time is advisory and that the noble Lord has been interrupted, but we have a lot of speakers and a Statement, so if he is willing, it would be good if he could bring his remarks to a conclusion.

[Lord Strasburger]

I will do exactly that.

The events of the last few days have demonstrated how volatile our politics have become and how quickly ruthless politicians can replace more moderate leaders. That means that we must be even more careful about what powers we give the Government to spy on us. Make no mistake—this is not an exaggeration—as it is currently drafted, and in the hands of an extreme Government, the Investigatory Powers Bill would be a toolkit for tyranny. The powers in it and the data that would be collected on all of us would be a grave threat to our freedom and our democracy if exploited by those who would oppress us.