Contact with NGOs and individuals
1.48.
Critics of the powers under review who have not had access to classified
evidence and information about their operation labour, through no fault of their
own, under a significant disadvantage. Though the position was somewhat
improved by the publication on 1 March 2016 of the Government’s Operational
Case, the examples and case studies there given are expressed at a relatively
high level of generality. That point was strongly (and in my view, correctly) made
by those who sought to address the claims made in that document: notably
Liberty and Eric King (1.51 below).
1.49.
It was however plainly important for the Review to have regard to the views of
persons who have never enjoyed security clearance or had any connection with
the activities of the SIAs.
1.50.
A useful starting point was the voluminous evidence recently placed before the
seven committees which considered the need for legislation, the draft Bill and the
Bill itself. The team reviewed the evidence relevant to the subject matter of the
Review. In view of its recent date, I did not issue a further general call for
evidence.
1.51.
I did however establish early contact (through its Director Eric King, and
subsequently through Jim Killock) with the Don’t Spy on Us Coalition [DSOU], a
coalition of the most influential organisations defending privacy, free expression
and digital rights in Britain and Europe.45 I received helpful advice and input from
members and associated individuals, including advice on the structure of the
Review and persons to contact. I am particularly grateful to Lord Strasburger
and Peter Sommer for ideas on the structure of the Review, to Liberty for a
detailed written submission of 31 July 2016,46 to Michael Drury of BCL Burton
Copeland solicitors and to a technically-minded lawyer who wishes to remain
anonymous, for assisting my understanding of the range of purposes for which
the powers under review could (notionally at least) be used.
Contact with technical experts
1.52.
45
46
In a piece on my website announcing the launch of the Review, I also indicated a
wish to speak to “experts who, though without access to classified material, may
The Executive Committee of DSOU consists of Article 19, Liberty, Big Brother Watch, Open
Rights Group, English Pen and Privacy International. Affiliates are Open Democracy, Public
Concern at Work, Amnesty International, Access Now, Electronic Frontier Foundation, IFEX,
XIndex, Centre for Investigative Journalism, Fight for the Future, World Wide Web Foundation,
Open Media and Sum of Us.
Liberty’s written submission to the Review of 31 July 2016 is at https://www.liberty-humanrights.org.uk/sites/default/files/campaigns/resources/Liberty%27s%20submission%20to%20the
%20Terrorism%20Reviewer%27s%20Review%20of%20Bulk%20Powers.pdf.
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