Overlooked: Surveillance and Personal Privacy in Modern Britain
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"Big Brother?": Great Britain's National Identification Scheme Before the European Court of Human Rights
BIG SUCCESS OR "BIG BROTHER?": GREAT BRITAIN'S NATIONAL IDENTIFICATION SCHEME BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS Jennifer Morris* TABLE OF CONTENTS INTRODUCTION ......................................... 445 A. The UnitedKingdom's Identity Cards Act ................. 445 B. The Security-PrivacyDebate ........................... 446 C. The Privacy Landscape in the United Kingdom ............. 447 D. Overview ........................................... 44 9 II. PRIVACY INTHE UNITED KINGDOM ......................... 450 A. Early Domestic Law .................................. 450 B. Changes in the PrivacyLandscape-The Data ProtectionAct and the Human Rights Act ................. 451 1. The Data ProtectionAct ............................ 451 2. The Human Rights Act .............................. 454 C. Public Opinion ...................................... 455 1. Public Supportfor the Identity Cards Act ............... 455 2. Public Response to Previous National Identification Schemes in the United Kingdom ........... 456 3. Three Objections to the Identity CardsAct .............. 457 4. The Response of Other Governmental Entities ........... 458 III. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ITS PROTECTION OF THE RIGHT TO PRIVACY ..................... 459 A. The Convention ...................................... 459 B. Article 8 Interferences (Triggers) ........................ 460 C. "In Accordance with the Law"........................ 461 D. Legitimate Aims ..................................... 463 E. "Necessary in a Democratic Society" -
'Opposition-Craft': an Evaluative Framework for Official Opposition Parties in the United Kingdom Edward Henry Lack Submitte
‘Opposition-Craft’: An Evaluative Framework for Official Opposition Parties in the United Kingdom Edward Henry Lack Submitted in accordance with the requirements for the degree of PhD The University of Leeds, School of Politics and International Studies May, 2020 1 Intellectual Property and Publications Statements The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. This copy has been supplied on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. ©2020 The University of Leeds and Edward Henry Lack The right of Edward Henry Lack to be identified as Author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988 2 Acknowledgements Page I would like to thank Dr Victoria Honeyman and Dr Timothy Heppell of the School of Politics and International Studies, The University of Leeds, for their support and guidance in the production of this work. I would also like to thank my partner, Dr Ben Ramm and my parents, David and Linden Lack, for their encouragement and belief in my efforts to undertake this project. Finally, I would like to acknowledge those who took part in the research for this PhD thesis: Lord David Steel, Lord David Owen, Lord Chris Smith, Lord Andrew Adonis, Lord David Blunkett and Dame Caroline Spelman. 3 Abstract This thesis offers a distinctive and innovative framework for the study of effective official opposition politics in the United Kingdom. -
2009 No. 2793 IDENTITY CARDS the Identity Cards Act 2006
STATUTORY INSTRUMENTS 2009 No. 2793 IDENTITY CARDS The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009 Made - - - - 19th October 2009 Coming into force - - 20th October 2009 The Secretary of State, in exercise of the powers conferred by sections 17(5)(a), 21(2)(a), (4)(a) and (5), 40(4) and 42(1)(b) of the Identity Cards Act 2006(c), makes the following Regulations. In accordance with sections 17(8) and 21(7) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament. Citation, commencement and interpretation 1.—(1) These Regulations may be cited as the Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009 and shall come into force on the day after the day on which they are made. (2) In these Regulations— “Commissioner” means the National Identity Scheme Commissioner(d); “consular functions” has the meaning given to it in Article 5 of the Vienna Convention on Consular Relations done at Vienna on 24 April 1963;(e); “identity document” has the meaning given to it in section 26 of the 2006 Act; “intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ (as defined in section 3(3) of the Intelligence Services Act 1994)(f); “officer of Revenue and Customs” means a member of staff appointed by the Commissioners for Her Majesty’s Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005(g); “passport” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971(h)); or (b) a document that can be used (in some or all circumstances) instead of a United Kingdom passport; (a) Section 17(7) contains a limit on the enabling powers in subsection (5). -
An Update on the UK Coalition Government's
Statewatch Analysis Six months on: An update on the UK coalition government’s commitment to civil liberties Max Rowlands Contents Part I Introduction Part II The proposed measures 1. The Freedom (Great Repeal) Bill 2. Identity cards, the National Identity Register and the ContactPoint database 3. Fingerprinting in schools 4. The Freedom of Information Act 5. The DNA database 6. The right to trial by jury 7. The right to protest 8. Libel laws 9. The misuse of anti-terrorism legislation 10. The regulation of CCTV 11. The retention of communications data 12. The proliferation of unnecessary criminal offences 13. The Human Rights Act Part III What other reforms are needed? 14. The “database state” 15. The Digital Economy Act 16. Anti-social behaviour legislation 17. Anti-terrorism legislation Part IV Conclusion 1 Part I: Introduction Within weeks of its formation in May 2010, the coalition government announced with much fanfare its intention “to restore the rights of individuals in the face of encroaching state power.” An easy victory over Labour’s politically bankrupt National Identity Scheme followed, but since then the government’s approach has been characterised by caution and pragmatism rather than an unerring commitment to liberty. This is largely because there are splits within government on many of the key civil liberties issues that fundamentally define the relationship between citizen and state: how long and under what conditions can the government detain us, to what extent should the state surveil us, and what data on us should it hold? These internal divisions have been compounded by significant pressure from the civil service and security agencies to retain Labour policies that served to empower them. -
Bloomsbury Professional
Immigration Asylum 24_2 cover.qxp:Layout 1 16/6/10 09:42 Page 1 Related Titles from Bloomsbury Professional JOURNAL of Immigration Law and Practice, 4th edition 24 Number 2 2010 Journal of Immigration, Asylum and Nationality Law Volume IMMIGRATION By David Jackson, George Warr, Julia Onslow-Cole & Joseph Middleton Reverting to hardback format, the fourth edition of this clear and practical book has been thoroughly updated by a team of specialist practitioners. It deals comprehensively with ASYLUM AND immigration law procedure and practice, covering European and human rights law, deportation, asylum and onward appeals. In this continually evolving area of law, this fourth edition takes into account all recent NATIONALITY major legislation changes and developments, relevant case law and policies since the last edition. ISBN: 978 1 84592 318 1 Price: £120 Format: Hardback LAW Pub date: Dec 2008 Asylum Law and Practice, 2nd edition Volume 24 Number 2 2010 Pages 113–224 By Mark Symes and Peter Jorro Written by two of the leading authorities on the law relating to asylum, Asylum Law and EDITORIAL Practice, 2nd edition is a detailed exposition of the law relating to asylum and NEWS international protection. ARTICLES Bringing together in one volume, all relevant aspects of asylum law and practice in the The Borders, Citizenship and Immigration Act 2009 United Kingdom, this book is comprehensive enough to serve as a reliable source of Alison Harvey information and analysis to all asylum practitioners. Its depth, thoroughness, and clarity make it a must have for all practitioners. Victims of Human Trafficking in Ireland – Caught in a Legal Quagmire The book is focused on the position in the UK, but with reference to refugee law cases in Hilkka Becker other jurisdictions; such as Canada, Australia, New Zealand and the USA. -
Intel X86 Considered Harmful
Intel x86 considered harmful Joanna Rutkowska October 2015 Intel x86 considered harmful Version: 1.0 1 Contents 1 Introduction5 Trusted, Trustworthy, Secure?......................6 2 The BIOS and boot security8 BIOS as the root of trust. For everything................8 Bad SMM vs. Tails...........................9 How can the BIOS become malicious?.................9 Write-Protecting the flash chip..................... 10 Measuring the firmware: TPM and Static Root of Trust........ 11 A forgotten element: an immutable CRTM............... 12 Intel Boot Guard............................. 13 Problems maintaining long chains of trust............... 14 UEFI Secure Boot?........................... 15 Intel TXT to the rescue!......................... 15 The broken promise of Intel TXT.................... 16 Rescuing TXT: SMM sandboxing with STM.............. 18 The broken promise of an STM?.................... 19 Intel SGX: a next generation TXT?................... 20 Summary of x86 boot (in)security.................... 21 2 Intel x86 considered harmful Contents 3 The peripherals 23 Networking devices & subsystem as attack vectors........... 23 Networking devices as leaking apparatus................ 24 Sandboxing the networking devices................... 24 Keeping networking devices outside of the TCB............ 25 Preventing networking from leaking out data.............. 25 The USB as an attack vector...................... 26 The graphics subsystem......................... 29 The disk controller and storage subsystem............... 30 The audio -
Not Guaranteeing the Rights of EU Nationals Isn't Politics – It's Cruelty
LSE European Politics and Policy (EUROPP) Blog: Five minutes with Shami Chakrabarti: “Not guaranteeing the rights of EU nationals isn’t politics – it’s Page 1 of 3 cruelty” Five minutes with Shami Chakrabarti: “Not guaranteeing the rights of EU nationals isn’t politics – it’s cruelty” In October 2016, the leader of the UK’s Labour Party, Jeremy Corbyn, appointed Shami Chakrabarti as Shadow Attorney General for England and Wales. In a discussion with British Politics and Policy editor Artemis Photiadou and EUROPP’s Tena Prelec, she reflects on the challenges and advantages of the position, the situation faced by EU citizens living in the UK, and the key issues on the horizon for British politics. How have you found the transition from being a high-profile practitioner to being a frontline politician? It’s a major transition even though I was a very public practitioner and a very activist practitioner, and at times saying very difficult things, during the War on Terror for example. Even so, becoming partisan at this moment, when the referendum campaign was happening and when there was a lot of strife within the Labour Party, was quite something. And, of course, our media is not exactly the most kind or fair – the difficult transition is about learning to wear more armour emotionally. It’s really the temperature of the scrutiny – and sometimes abuse – that was possibly the bigger challenge. In terms of the actual skillsets and work, that doesn’t seem such a difficult transition. Because solving legal problems and applying law to policy is something I was reasonably familiar with first as a government lawyer, then as a human rights lawyer, and then as Director of Liberty. -
Identity Documents Bill
Identity Documents Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 1—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Theresa May has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Identity Documents Bill are compatible with the Convention rights. Bill 1 55/1 Identity Documents Bill CONTENTS Repeal of Identity Cards Act 2006 1 Repeal of Identity Cards Act 2006 2 Cancellation of ID cards etc 3 Destruction of information recorded in National Identity Register False identity documents etc 4 Possession of false identity documents etc with improper intention 5 Apparatus designed or adapted for the making of false identity documents etc 6 Possession of false identity documents etc without reasonable excuse 7 Meaning of “identity document” 8 Meaning of “personal information” 9 Other definitions Verification of information 10 Verifying information provided with passport applications etc General 11 Orders 12 Consequential amendments 13 Transitional provision 14 Commencement, extent and short title Schedule — Consequential amendments Bill 1 55/1 Identity Documents Bill 1 A BILL TO Make provision for and in connection with the repeal of the Identity Cards Act 2006. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Repeal of Identity Cards Act 2006 1 Repeal of Identity Cards Act 2006 (1) The Identity Cards Act 2006 is repealed. -
Mass Surveillance
Mass Surveillance Mass Surveillance What are the risks for the citizens and the opportunities for the European Information Society? What are the possible mitigation strategies? Part 1 - Risks and opportunities raised by the current generation of network services and applications Study IP/G/STOA/FWC-2013-1/LOT 9/C5/SC1 January 2015 PE 527.409 STOA - Science and Technology Options Assessment The STOA project “Mass Surveillance Part 1 – Risks, Opportunities and Mitigation Strategies” was carried out by TECNALIA Research and Investigation in Spain. AUTHORS Arkaitz Gamino Garcia Concepción Cortes Velasco Eider Iturbe Zamalloa Erkuden Rios Velasco Iñaki Eguía Elejabarrieta Javier Herrera Lotero Jason Mansell (Linguistic Review) José Javier Larrañeta Ibañez Stefan Schuster (Editor) The authors acknowledge and would like to thank the following experts for their contributions to this report: Prof. Nigel Smart, University of Bristol; Matteo E. Bonfanti PhD, Research Fellow in International Law and Security, Scuola Superiore Sant’Anna Pisa; Prof. Fred Piper, University of London; Caspar Bowden, independent privacy researcher; Maria Pilar Torres Bruna, Head of Cybersecurity, Everis Aerospace, Defense and Security; Prof. Kenny Paterson, University of London; Agustín Martin and Luis Hernández Encinas, Tenured Scientists, Department of Information Processing and Cryptography (Cryptology and Information Security Group), CSIC; Alessandro Zanasi, Zanasi & Partners; Fernando Acero, Expert on Open Source Software; Luigi Coppolino,Università degli Studi di Napoli; Marcello Antonucci, EZNESS srl; Rachel Oldroyd, Managing Editor of The Bureau of Investigative Journalism; Peter Kruse, Founder of CSIS Security Group A/S; Ryan Gallagher, investigative Reporter of The Intercept; Capitán Alberto Redondo, Guardia Civil; Prof. Bart Preneel, KU Leuven; Raoul Chiesa, Security Brokers SCpA, CyberDefcon Ltd.; Prof. -
A Surveillance Society?
House of Commons Home Affairs Committee A Surveillance Society? Fifth Report of Session 2007–08 Volume II Oral and written evidence Ordered by The House of Commons to be printed 20 May 2008 HC 58-II [Incorporating HC 508-i–iv, Session 2006–07] Published on 8 June 2008 by authority of the House of Commons London: The Stationery Office Limited £24.50 The Home Affairs Committee The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Home Office and its associated public bodies. Current membership Rt Hon Keith Vaz MP (Labour, Leicester East) (Chairman) Tom Brake MP (Liberal Democrat, Charshalton and Wallington) Ms Karen Buck MP (Labour, Regent’s Park and Kensington North) Mr James Clappison MP (Conservative, Hertsmere) Mrs Ann Cryer MP (Labour, Keighley) David TC Davies MP (Conservative, Monmouth) Mrs Janet Dean MP (Labour, Burton) Patrick Mercer MP (Conservative, Newark) Margaret Moran MP (Labour, Luton South) Gwyn Prosser MP (Labour, Dover) Bob Russell MP (Liberal Democrat, Colchester) Martin Salter MP (Labour, Reading West) Mr Gary Streeter MP (Conservative, South West Devon) Mr David Winnick MP (Labour, Walsall North) The following Members were also members of the Committee during the inquiry: Rt Hon John Denham MP (Labour, Southampton Itchen) Mr Jeremy Browne MP (Liberal Democrat, Taunton) Mr Richard Benyon MP (Conservative, Newbury) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. -
For Effective Parliamentary Liberty Has a Strong Reputation Ork and Lobbying, We Make Campaigning
www.liberty-human-rights.org.uk Liberty has a strong reputation for effective parliamentary campaigning. Through policy work and lobbying, we make the arguments that matter in the corridors of Westminster to MPs of all parties. We strive to hold the government to account by undertaking groundbreaking test case litigation and high profile media campaigns. As a result, we are now an essential voice in the national political debate. But that’s just the public side of the story. This work is only possible because of people like you, who care about protecting civil liberties and promoting human rights. You can help make effective campaigning possible by writing to your MP, signing petitions and debating with your friends. Even more importantly, join Liberty as a member and provide the vital support that keeps us going. This campaign guide is about making action count. It provides you with advice on how best to lobby and raise awareness of the important issues we face today. Like charity, human rights start at home. Our Common Values campaign is all about increasing respect for human rights and countering the negative myths. As a Liberty supporter, you are the key to helping us achieve this. We hope this guide will help. Shami Chakrabarti, Director of Liberty Promote Uphold d respect for justice an human rights the rule and civil liberties of law dvance h ct A r nd muc Prote ights fo a r le ore... privacy and ulnerab m v es free speech minoriti Liberty – Then and Now For the best part of a century, Liberty and our members have acted as the conscience of a nation, fighting injustice and placing principle above populism when others have faltered. -
A Surveillance Society?
House of Commons Home Affairs Committee A Surveillance Society? Fifth Report of Session 2007–08 Volume I Report, together with formal minutes Ordered by The House of Commons to be printed 20 May 2008 HC 58-I [Incorporating HC 508-i–iv, Session 2006–07] Published on 8 June 2008 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Home Affairs Committee The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Home Office and its associated public bodies. Current membership Rt Hon Keith Vaz MP (Labour, Leicester East) (Chairman) Tom Brake MP (Liberal Democrat, Charshalton and Wallington) Ms Karen Buck MP (Labour, Regent’s Park and Kensington North) Mr James Clappison MP (Conservative, Hertsmere) Mrs Ann Cryer MP (Labour, Keighley) David TC Davies MP (Conservative, Monmouth) Mrs Janet Dean MP (Labour, Burton) Patrick Mercer MP (Conservative, Newark) Margaret Moran MP (Labour, Luton South) Gwyn Prosser MP (Labour, Dover) Bob Russell MP (Liberal Democrat, Colchester) Martin Salter MP (Labour, Reading West) Mr Gary Streeter MP (Conservative, South West Devon) Mr David Winnick MP (Labour, Walsall North) The following Members were also members of the Committee during the inquiry: Rt Hon John Denham MP (Labour, Southampton Itchen) Mr Jeremy Browne MP (Liberal Democrat, Taunton) Mr Richard Benyon MP (Conservative, Newbury) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk.