Just in case you thought that Spy Blog has not
tried the available, alleged “checks and balances” which are supposed to prevent
the disproportionate abuse of our privacy and freedoms, you might be interested
in our brief correspondence with the Office of the Surveillance Commissioners,
regarding the function creep of what were supposed to have been “save the
environment” schemes: the London Congestion Charge and the London Low Emission
Zone, but which have now mutated into a secretive, unaccountable, mass
surveillance snooping scheme.
Rt. Hon. Sir Christopher Rose
Chief Surveillance Commissioner
Office of Surveillance Commissioners
PO Box 29105,
London, SW1V 1ZUCopy via email: oscmailbox@osc.gsi.gov.uk
20th September 2007
Dear Sir Christopher,
I am writing to you in respect of the current
Automatic Number Plate Recognition mass surveillance scheme, which was announced
by Home Office Minister Tony McNulty on 17th July 2007, involving “real time”
“bulk data transfers” between the London Congestion Charge system run by
Transport for London and the Metropolitan Police Service.
Link
” The Minister of State, Home Department (Mr.
Tony McNulty): I would like to inform the House that my right hon. Friend the
Home Secretary has signed a certificate to exempt Transport for London (TfL) and
the Metropolitan Police Service (MPS) from certain provisions of the Data
Protection Act 1998 to facilitate the bulk transfer of Automatic Number Plate
Recognition (ANPR) data from TfL to the MPS. The Commissioner of the
Metropolitan Police believes that it is necessary due to the enduring,
vehicle-borne terrorist threat to London. The MPS requires bulk ANPR data from
TfL’s camera network in London specifically for terrorism intelligence purposes
and to prevent and investigate such offences. The infrastructure will allow the
realtime flow of data between TfL and the MPS.As one of the conditions of this
certificate, the MPS will provide an annual report to the Information
Commissioner so that he can satisfy himself that the personal data processed
under the certificate is required for the purposes of safeguarding national
security, and that any processing that is undertaken other than under an
exemption set out in the certificate is carried out in compliance with the Data
Protection Act 1998.
My right hon. Friend the Home Secretary will
review the operation of the certificate in three months time when the
Commissioner of the Metropolitan Police provides her with a separate, interim
report so that she can be personally satisfied that the certificate is being
operated in accordance with the agreement and that the privacy of individuals is
protected. In the coming months, proposals will be developed and discussed
across Government to ensure that bulk ANPR data-sharing with the police is
subject to a robust regulatory regime which ensures reasonable transparency and
scrutiny.”
This is obviously far more than a simple Data
Protection Act section 29 Notice request for details about a particular suspect
vehicle. The use of Ministerial Certificates must mean Mass Surveillance,
presumably on a 24/7 basis, outside of the normal Congestion Charge enforcement
period i.e. also at night, at weekends and on public holidays, to cover what
would otherwise be “excessive data processing” for a purpose other than which
the data was originally collected, without explicit personal consent, thereby
flouting the fundamental Principles of Data Protection.
I note that there is no mention in the
Ministerial Statement of the Regulation of Investigatory Powers Act 2000, which
surely must also apply to this Mass Surveillance project, especially in the
light of your comments on Automatic Number Plate Recognition in your first
Annual Report,
“11.3 Improvements in technology continue to
enhance the capability of those charged with the responsibility of tackling
crime. But, as indicated in last year’s report, the speed of change often
surpasses the limitations of current legislation. With regard to Automatic
Number Plate Recognition, my position is the same as that of my predecessor and
I adhere to the view that legislation is necessary to resolve some issues
arising from enhanced technological capability.”
Were any of the Surveillance Commissioners
consulted about this project before it was announced ?
Have you given your permission for this Mass
Surveillance scheme to go ahead, which must catch vast numbers of innocent
people and vehicle movements, contrary to the principle of narrowly targeted,
proportionate, lawful surveillance under RIPA ?
Yours Sincerely,
[name]
[address]
The short reply was frustrating and depressing
- we are obviously “little people”, whose concerns and worries, are simply
ignored by the bureaucracy and the politicians:
Office of Surveillance Commissioners[name]
[address]
1 October 2007
Dear [name]
Thank you for your letter of 20 September
about the Automatic Number Plate Recognition mass surveillance scheme.
The Chief Surveillance Commissioner has seen
your letter and asked me to reply on his behalf. He notes your interest in these
matters but does not think it appropriate to answer your questions.
I am sorry I cannot be more helpful.
Yours sincerely
[name of secretary]
Secretary to the Office of the Surveillance
Commissioners
Office of the Surveillance Commissioners
PO Box 29105
London, SW1V 1ZU
Telephone: 020 7828 3421
Facsimile: 020 7952 1788
Web: www.surveillancecommissioners.gov.uk
email: oscmailbox@homeoffice.gsi.gov.uk
How is this supposed to represent adequate or
proper “independent scrutiny” of the vast powers, and function creep of secret
state surveillance snooping, which is increasingly and wastefully being directed
at millions of innocent people, rather than being targeted proportionately and
narrowly at actual terrorist suspects or serious organised criminals ?
Is it any wonder that people are frustrated
by, and resentful of, the people and systems which purport to “protect” the
public, whilst maintaining their freedoms and liberties, but which do not do so
in practice ?
Source: [ ]
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