Investigatory Powers (Amendment) Bill [ Lords ] (First sitting)

Debate between Owen Thompson and Lord Beamish

Committee stage & Report stage
Thursday 7th March 2024 Public Bill Committees

[Mr Jones]

Yes. A point was also raised about leaked data. If something is leaked on the internet or any other portal and everyone has access to it, do we then assume that the security services think that it comes under “reasonable expectation”, even though the individual whose data it was perhaps did not want it out there?

I accept that under proposed new section 226B(4)(b),

“the authorisation is necessary for the purpose of the exercise of any function of the intelligence service”,

which is fine. I do not think that people will go on fishing expeditions—we will come on to that issue later— but I note that the phrase “economic well-being” appears later in the Bill, but not in this part. When I have raised the point before, the Government have argued that the phrase is used in other legislation and that they want to be consistent.

If nothing is to be changed in the Bill today or on Report, the Minister needs to put something on the record so that it when somebody challenges this provision in future, which they will, the Government’s intention is clear now and can be interpreted later.

[Owen Thompson (Midlothian) (SNP)]

I will be brief. I back up the comments of the right hon. Member for North Durham: much more needs to be done to define clearly what we mean by “low or no”. In many ways, separating the two out would make everything clearer. Everybody can tell what “no expectation of privacy” means. It is when we get to low expectation of privacy that we have debates: “Is it this or is it that?”

The factors considered in determining whether something qualifies as low or no include

“the extent to which…the data has been made public”.

If there is no expectation of privacy, that is obvious, so I do not understand why we cannot have more clarity and say, “This is what we mean by no expectation of privacy, and this is what we mean by low.” It might be fine for us in this room to have an understanding of what we mean, but there needs to be public understanding.

We all know that every time we go on any website, we are asked to click to accept the cookies, and sometimes we cannot progress any further unless we do. Data is being gathered left, right and centre. With the best will in the world, not everyone reads every single line of the terms and conditions. We need to be absolutely clear about exactly what we mean so that legal challenges do not occur down the line.