The Global Network Initiative (GNI), a multistakeholder organization focused on freedom of expression and privacy in the technology sector, expresses deep concern regarding the United Kingdom’s (U.K.) proposed changes to the 2016 Investigatory Powers Act (IPA), as outlined in the Investigatory Powers (Amendment) Bill and requests that the Lords extend the period for and allow greater debate and deliberation on these changes.
GNI and its members have been engaged in UK surveillance policy for many years and have followed the IPA since it was introduced in 2016. We have previously provided substantive analysis on the U.K.’s primary policy governing the surveillance of electronic communications. While GNI recognizes the importance of protecting national security, we believe some of the government’s proposed changes may significantly interfere with the privacy and safety of online users both within the U.K. and outside of its borders, and undermine the IPA as a model for emulation overseas.
As this Bill enters the Report Stage in the House of Lords, GNI encourages the Lords to prioritize amendments that ensure an appropriate and proportionate scope of investigatory powers, inclusion of effective safeguards, sensitivity to jurisdictional reach and potential conflicts of law, as well as privacy and security safeguards.
As a member of the Freedom Online Coalition, the U.K. has committed to promoting “transparency and independent, effective domestic oversight related to electronic surveillance.” The Bill in its current form represents a missed opportunity to fulfill this commitment to greater transparency and accountability regarding its surveillance practices. To ensure that the U.K. acts consistently with its international obligations and that it protects privacy and communications security, we ask that the Lords ensure that any amendments to the IPA (1) do not hamper or delay the rollout of new privacy and security measures, (2) do not create or exacerbate conflicts of laws problems, (3) promote transparency about surveillance demands, (4) retain judicial control over bulk data demands, and (5) extend the period for deliberation of the legislation to permit consideration of such changes to the proposed amendments to the IPA.