Every day we compromise our right to privacy. Consciously or not, we are increasingly willing to share aspects of our everyday life with others. I will take just three examples.
The first is Google. Google’s online terms of service expressly state that it analyses content, including emails, to provide personally relevant product features. Secondly, by having location services enabled on our phones, we are allowing a third party to record and keep track of where we have been, for how long and how often. Thirdly, we are privately recording each other. According to a recent estimate, in one day in Manchester a person is likely to be caught on CCTV 100 times, in circumstances in which 1.7 million of the 1.85 million surveillance cameras are privately owned.
We are therefore already exercising choice, limiting our own privacy, and we do so willingly, simply to maximise convenience and to allow us to use a free service. There is a saying, well known in security circles, that unless you are one of a very small group of people, Tesco already knows a great deal more about you than MI5 ever will.
The question I have is this: when we are happy to share such information with international corporations, which have expressly stated that they will share our data with third parties, why do we push back at the prospect of the intelligence, police and crime agencies collecting data to improve the security of our nation and to protect our citizens, and especially when it is proposed that these powers be exercised with clear safeguards, transparency and judicial oversight?
I have had the privilege of working as a barrister. I have been fortunate to act for the National Crime Agency and HMRC, to bring those allegedly involved in money laundering to justice and to recover tax, and I am acutely aware of the need for investigation and evidence when calling to account those who are adept at covering their tracks.
I have read the detailed and thorough report that David Anderson prepared as part of his initial review, and I should also declare that I was fortunate to be his pupil when starting out as a barrister. [Hon. Members: “Ah.”] “A Question of Trust” highlights the importance of communications data in every aspect of security and crime detection and prevention. In his report, David Anderson stated that in 26 recent cases of terrorist activity, where 17 resulted in a conviction, 23 could not have been pursued without communications data, and in 11 cases the conviction depended on the data. That compares to Germany where, at the time of the report, data retention arrangements were not in operation. There, 377 suspects were identified, seven could be investigated and no arrests were made.
The right to privacy is not an absolute right. As individuals we choose daily to trade it in for our own convenience, but even lawmakers in the field of human rights have recognised that it is circumscribed. Even in article 8(2) of the European convention on human rights, which protects the right in generic terms, the right is qualified in the interests of national security and the public interest. The price of freedom is constant vigilance, because freedom is not anarchy.
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