UK: Surveillance of telecommunications goes through the roof
01 November 2002
Since the Labour government came to power in 1997 communications surveillance has doubled - and this is a gross underestimate. While in the EU reluctance to proceed directly to a binding Framework Decision because of widespread criticisms means that member states are introducing data retention at national level first.
The annual report of the Interception of Communications Commissioner for 2001 was published in October 2002. The report, by the Rt Hon Sir Swinton Thomas, as usual shows that no complaint by a member of the public to the Investigatory Powers Tribunal has been upheld.
The report appears to show that the number of warrants issued dropped significantly to the lowest for five years. However, the true picture is quite different.
On the face of it the number of warrants issued to conduct communications surveillance (telephones, mobiles and letters) fell in England and Wales from 1,608 to 1,314 and in Scotland from 292 to 131. But the Commissioner's report says that the continued increase in serious and organised crime and the "increased facility to counter it" (ie: new means of surveillance) are:
the main cause of the larger number of warrants. The significantly higher level of warrants sought each year
Interception warrants issued:
England
& Wales Scotland total
1990 515 66 581
1991 732 82 815
1992 874 92 966
1993 998 122 1,120
1994 947 100 1,047
1995 997 138 1,135
1996 1,142 228 1,370
1997 1,456 256 1,712
1998 1,763 268 2,031
1999 1,734 288 2,022
2000 1,608 292 1,900
2001 1,314 131 1,445
No figures have ever been provided on Northern Ireland.
From these figures it would seem that warrants for the surveillance of communications (telephones etc) and mail-opening have dropped significantly after 2000.
However, quite the reverse is true.
From July 1998 a major change in the interpretation of the 1985 Interception of Communications Act (IOCA) meant that where previously any change to the initial warrant (eg: a person moved or changed phone numbers), known as a "modification", led to a new warrant being issued for all instances concerning serious crime. As noted by the them Commissioner, Lord Nolan, in the report for 1999:
The great majority of warrants issued in England, Wales and Scotland remain related to the prevention and detection of serious crime(p3)
Warrants issued under the two other categories on grounds of national security or "safeguarding the economic well-being of the UK" can be modified by a "senior official".
This means that in order to get historically comparative total figures the number of "modifications" carried out each year need to be added to the number of initial warrants. The additional figures, post July 1998, for "modifications" are:
England &
Wales Scotland Total
1998 172 not applicable 172
1999 565 not applicable 565
2000 722 not applicable 722
2001 1,788 194 1,982
Thus the correct figures for the extent of admitted communication surveillance (warrants plus modifications) is as follows:
England
& Wales Scotland total
1990 515 66 581
1991 732 82 815
1992 874 92 966
1993 998 122 1,120
1994 947 100 1,047
1995 997 138 1,135
1996 1,142 228 1,370
1997 1,456 256 1,712
1998 1,935 268 2,203
1999 2,299 288 2,587
2000 2,330 292 2,622
2001 3,102 325 3,427
Until 1996 the highest annual number of warrants issued was 1,682 in 1940 at the onset of World War II.
Since the Labour government came to power in 1997 communications surveillance has therefore doubled.
However, this is only the part of the picture for which precise figures are provided. Three changes following the introduction of the Regulation of Investigatory Powers Act (RIPA) on 2 October 2000 mean that the increase in surveillance is much, much greater.
The first change, as noted by the Commissioner, is<