12. CIVIL SOCIETY
Sources and scope
12.1.
In the course of this Review, I met and received submissions from NGOs, academics,
campaigning organisations, activists, trade bodies and others, in the UK and also in
the US (listed at Annex 3 and Annex 4 to this Report and referred to for convenience
as civil society) who shared with me their views regarding the investigatory powers
regime. In a good many cases, those submissions were the start of a dialogue which
I have found illuminating.
12.2.
Space does not permit a comprehensive account of those submissions, some of which
are extremely valuable surveys in their own right. This Chapter aims only to
summarise the criticisms, and associated proposals, that were made by civil society
to the Review. The reader who wishes to know more is encouraged to read the
original submissions, which are published (with the authors’ consent) on my website.
12.3.
An important (though perhaps obvious) point to make at the outset is that these
submissions are not necessarily representative of the views of the public as a whole.
Most of those who have been moved to write are well-informed. Many of them have
a passionate belief in the importance of privacy, or of limiting the actions of the state.
Some are frankly suspicious of the motivations of the agencies and police, and believe
that the exercise of intrusive powers, particularly in the absence of suspicion, is liable
to do more harm than good. But not everybody shares those views, as demonstrated
by the surveys cited at 2.25-2.35 above. Some will always argue for security to be
prioritised over privacy; and a great number (including some who could claim to be
well-informed) are not particularly struck by imbalance or injustice in the current
arrangements.1 Those positions are only lightly represented in the submissions I have
received from civil society.
12.4.
A wise legislator will proceed however on the basis that the legal framework governing
investigatory powers must be sufficiently robust to satisfy not only those who are
easily satisfied, but also those who are suspicious of government or who feel deeply
any intrusions into their privacy.2 In that context, the views expressed below are of
particular interest and relevance.
Transparency
12.5.
1
2
At a general level, concerns with the RIPA regime are far from new. However, they
have taken on a new and renewed intensity following the leaks in the Snowden
Documents. The allegations in those papers took many by surprise, as have
subsequent disclosures by the Government regarding the extent of the investigatory
powers used by public authorities. A number of submissions made the point that the
alleged conduct should have been clear on the face of the law, or should have been
highlighted by the various oversight regimes set up under RIPA and related
That is also, generally speaking, the position of those who are appointed to regulate the exercise of
investigatory powers and who, because of their privileged access to secrets, are best equipped to
understand how they are used: IOCCO, the ISC and the IPT.
That is so, particularly, given the international dimension: see 1.9 above.
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