header-logo header-logo

04 April 2012 / Hle Blog
Issue: 7509 / Categories: Blogs
printer mail-detail

Online privacy

HLE blogger Simon Hetherington explores the fuss surrounding the monitoring of online activities

"It’s pretty hard to do anything these days without someone knowing what you’re up to. The minutiae of our lives can be pieced together by hundreds of different agencies tracking our health, spending habits, travel, requests for credit checks, presence at work—the list is extensive. So why is it that the current proposals for government monitoring of e-mail and web use are causing such a fuss?

The answer to that lies in the vagueness of the proposal. If it goes through, GCHQ will be able to have access to everything, when it wants it, in order to assist in tackling crime and terrorism. Somewhere in the rationale the term “national security” no doubt appears, completing the treble of terms which government habitually tosses about as justification for circumscribing personal freedoms. That is clear enough in one sense—the “why”—but the potential objection is just as much to the “how”.

Voices are loud in opposition to the proposals using, with equal dogmatism, such phrases as “invasion of privacy”, “police state” and when all others are exhausted, “Orwellian”, as if nothing more need be said. But more does need to be said, and without bluster. The powerful point, that terrible things can be prevented, needs to be answered on its merits. A distinction needs to be drawn between this proposal and the many ways in which we are already tracked, or the objection may be empty.

The Regulation of Investigatory Powers Act 2000 is in the news; prosecutors and investigators are bemoaning the limitations on the use to which they can put the results of covert surveillance. The material point here is that there are already powers under which our communications can be intercepted, but they are specific powers, not a blanket permission. And that, too, is the difference between these proposals and the kinds of activity mentioned at the top of these remarks…”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7509 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll