A number of constituents have contacted Theresa Villiers about communications data and the Data Retention and Investigatory Powers Act. She has issued the following statement setting out her views on the points raised in the campaign on this issue:
Communications data and interception helps keep people safe from terrorists and other serious, dangerous criminals. This data is used in 95 per cent of all serious and organised crime prosecutions, and it has played a part in every major counter-terrorism investigation over the last decade.
We faced losing these powers that are integral to countering the threats from terrorists and organised criminals.The European Court of Justice (ECJ) struck down regulations that let internet and phone companies retain communications data for law enforcement purposes for 12 months. As well as this, some companies were calling for a clearer legal framework to underpin their cooperation with law enforcement and intelligence agencies, to intercept what terrorists and serious criminals are saying to each other. This is the ability to access content with a warrant signed by a Secretary of State.
The emergency Act passed in the summer enables agencies to maintain existing capabilities. It responds to the ECJ judgment on data retention and brings clarity to existing law in response to the concerns of some companies. It is a narrow and targeted response to the set of specific challenges we face, solving the immediate problems at hand. Importantly, the Act includes a termination clause so it will fall at the end of 2016 – forcing the government to look again at these powers.
As part of the Act, the Government has placed a review of the interception and communications data powers and capabilities, and the way they are regulated, on a statutory footing. This review will focus on the safeguards required to protect privacy and include a review of the Regulation of Investigatory Powers Act to make recommendations to reform and update it. There will also be reports from the Interception of Communications Commissioner every six months to ensure that that this Act clearly does as the Government intends, ensuring existing capabilities are maintained while implementing no new powers.
Alongside the Act, the Government is also establishing a Privacy and Civil Liberties Oversight Board to ensure civil liberties are properly considered. We are also restricting the number of public bodies that can ask for communications data and publishing annual transparency reports. This will make more information publicly available than ever before.
I support the action the Government has taken because it has prevented the police and the security services from losing legal powers which are essential for keeping us safe from those who would harm UK citizens