I take the Minister’s point and I will settle for the appellation “investigatory powers nerd”; I am quite happy with that. Does the Minister agree with me, however, that the legal difficulty —we see this with the other bulk powers already in our law—is that Article 8 of the European convention locks in not when a human eye gets stuck into the detail, but as soon as a machine harvests the data in bulk? Most of that data relates to people in respect of whom there could be no possible suspicion. Satisfying the requirements of necessity and proportionality must be done even at that stage. I understand that that is awkward and I am sure a lot of people would prefer that it was otherwise, but that is, as I understand it, the law. That renders the distinction that the Minister seeks to draw between data gathering and surveillance perhaps slightly difficult to maintain.
Data Protection and Digital Information Bill
Proceeding contribution from
Lord Anderson of Ipswich
(Crossbench)
in the House of Lords on Wednesday, 24 April 2024.
It occurred during Debate on bills
and
Committee proceeding on Data Protection and Digital Information Bill.
Type
Proceeding contribution
Reference
837 c541GC 
Session
2023-24
Chamber / Committee
House of Lords Grand Committee
Subjects
Librarians' tools
Timestamp
2024-05-17 17:06:58 +0100
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