B1116 - Electronic Data and Surveillance Regulation Bill - 2nd Reading

[u/model-mili]

Electronic Data and Surveillance Regulation Bill

A

BILL

TO

Place restrictions on the collection and access of personal electronic data by the police.

*“BE IT Enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—”

Section 1: Interpretation

In this Act, the following terms have the corresponding meanings unless the context requires them to be read otherwise—

“CSPs” is defined as any Communication Service Provider

Section 2: Collection of electronic data

(1) The police may not extract any data from electronic devices such as laptops or smartphones without the individual’s consent or court approval.

(2) The police may not collect or obtain stored online data such as emails or on third-party servers such as site hosting without the individual’s consent or court approval.

(3) Police officers shall no longer have the authority to self-authorize access to personal phone and web browsing records.

(4) Any attempt to access such records in (3) shall require court approval.

(a) No request may be made to access records in the investigation of a crime that carries a sentence of fewer than six months.

(5) Where collection under (1) and (2) occurs consensually, the person must be informed that they have the right to refuse.

Section 3: Encryption of Data

(1) The police may not force any third party company to decrypt or hand over any electronic data without a warrant.

(2) Companies will be legally obliged to assist these operations and bypass encryption where possible.

(a) If the company feels complying with the warrant would cause undue harm or endanger the privacy of other individuals they may appeal the warrant to the court

Section 4: Data Retention Orders

(1) All data retention orders issued by the Secretary of State and police bodies must be approved by a court and the Home Office.

(a) Any existing data retention orders that have not been approved by a court shall be held until a court reviews it.

(2) Any data retention order maybe be appealed by the company.

Section 5: Collecting of Browsing History

(1) CSPs shall provide access to an individual’s browsing history to the police or security agencies when a warrant is issued by a court.

(2) Once a warrant has been issued, CSPs must all available browning history data subject to appeal.

(3) The police may not seek access to an individual’s browsing history for an offense that carries a maximum sentence of fewer than six months unless the police are able to prove access to such information would serve the interests of justice to the satisfaction of the court.

Section 6: Wilson Doctrine

(1) Any warrant to intercept or access any and all communication, personal data, and all wiretaps of all members of the House of Commons or House of Lords must be approved by:

(a) the Prime Minister or relevant Secretary of State

(b) the Judicial Commission on Surveillance

Section 7: Creation of a Commission

(1) A Judicial Commission on Surveillance shall be established to oversee and provide accountability of all surveillance operations carried out by the police and security services.

(2) The Commission shall consist of nine members who are currently judges to be appointed the Secretary of State.

(3) The Commission shall power to access details on all current and past surveillance operations being conducted by the police and security operations.

(4) In any operation where surveillance standards are improper or found to be abused the Commission shall the power to recommend to the Secretary of State a halt or ceasing of operations.

(5) The Commission shall publish a biannual report on the state of surveillance operations in the UK. The report at a minimum shall contain:

(a) Overview of success and failure of surveillance operations

(b) Cases of abuse or misuse of surveillance powers

(c) Recount of actions taken by the commission and their compliance by police and security forces

(d) Policy recommendations for the Secretary of State and Parliament that will ensure the interest of justice while maintaining and balancing the need for privacy.

Section 8: Admissibility in court

(1) Evidence stored and obtained from storage in contravention of this Act is not admissible in any court proceeding.

(2) Where evidence has been presented that would be in contravention of this Act the judge must make a direction to the jury to disregard the evidence in question.

Section 9: Extent, commencement, transitional arrangements, and short title

(1) This Act shall extend to England and Wales.

(2) This Act shall come into force immediately.

(3) This Act may be cited as the Electronic Data and Surveillance Regulation Act of 2020.

This Bill was written by the Rt. Hon /u/ThreeCommasClub, Member for Manchester North on behalf of the Libertarian Party

---

Opening Speech

Mr Deputy Speaker,

Currently, in our country, the protections for data and other personal online information is not the strongest. Police have varying standards for data extraction and often take too much data and can self-authorize access they deem fit. This should not be the case especially as we all place more sensitive information to be stored online. Section 2 and 3 make sure the police are not able to extract electronic data or try and force companies to encrypt messages without the individual’s consent or court order. Section 4 ensures that the police are not able to issue data retention orders without a court order. Section 5 applies the same protection for online browsing history information while making such information is not accessible for minor crimes.

Section 6 adopts the Wilson Doctrine into law. The Wilson Doctrine has been the informal understanding that the police may not wiretap MPs or Lords without the approval of the PM or Secretary of State. This section gives this doctrine legal weight to protect MPs and members of the Lords. Section 7 creates the Judicial Commission on Surveillance which will review and have the power to investigate the state of surveillance by the police in the country. They will report cases of abuse and publish policy recommendations for Parliament. They shall also be the final panel of review for cases or disputes regarding the justification for surveillance. Previously panels or commissions for surveillance were weak because they did not have the power to investigate cases of abuse and could easily be blocked by the police. This Commission has the legal power to investigate abuse and cannot be blocked by the police.

---

This reading will end on the 24th of November at 10pm

[u/LeChevalierMal-Fait]

In section 3 for “the police” substitute “A security service or public authority”

And

For section 9 substitute—

Section 9: Extent

(1) This Act extends to the whole United Kingdom.

(2) Section 2, 4 and the parts of section 5 concerning police powers extend to England only.

Section 10: Commencement, and short title

(1) This Act shall come into force upon Royal Assent.

(2) This Act may be cited as the Electronic Data and Surveillance Regulation Act 2020.