Fighting Dustbin Hogs, the RIPA Way!

In apparently lighter vein (though still serious stuff at root), that famed investigative journal , the Daily Mail!! has sparked controversy with an undercover FOI operation which has revealed that half of Britain's local councils are using powers under the Regulation of Investigatory Powers Act (RIPA) to " watch people putting rubbish out on the wrong day".

Well you can tell what really gets the British public steamed up can't you? Forget the credit crunch, the collapse of the global economy and the war in Iraw, it's early rubbish-sneakers we're really worried about... (give them large roadside wheelie bins like we have in Embra! , says Pangloss, holding her nose).

Actually the story is (surprise) misleading - the Mail really mean that half of those who replied - only 151 out of 474 councils - admitted to tactics such as putting spy cameras on bins, lampposts and in tin cans.

The Regulation of Investigatory Powers Act 2000, or RIPA, has apparently been used, according to the Mail be justify surveillance operations via a variety of grounds, including to 'protect public health' or the 'economic well-being of the UK'. When of course we all know it ought only to be used to catch serious criminals or terrorists. But - hang on a mo.

Pangloss is a teeny bit bemused. Local councils and police can put up CCTV cameras anyway, she thought, and merely give notice in the standard ways according to ICO Codes of Practice that they are so doing. Consent of data subjects is not needed if the purpose is to aid law enforcement or prevent crime. Why were RIPA powers needed at all? (Good for public transparency in that it would then figure in statistics, but..) Presumably because it was covert monitoring which is usually regarded as against DP law (see ICO Codes) but is allowed under RIPA Part II.

But that Chapter - which is little talked of in digital circles , as we are normally interested in the parts on interception and retention of communications and traffic data, and encryption - to a large extent merely codified previously existing police powers (or so I have always assumed). It was the *monitoring* and *decryption* Parts - 1 and 3 - which were novel with RIPA, and which were delayed in implementation by political controversy.

Furthermore none of RIPA was actually specifically introduced as an anti- terror law - it originated well before 9/11 etc and makes as many references to crime (not just serious crime) , economic well being and public health (eg) as "terror" or national security. It was the Anti-Terrorism, Crime and Security Act 2001 which was a specific response to terror (surprise).

Whichi s not to say that this wasn't a bad use of a bad law, and we should hope the Mail does more entertaining digital investigations in future :) But it may not actually have been an "abuse of anti terror law" at all.

(belated thanks to Hugh Hancock for pointing me towards this story!)

Google Pot Shots

As has been true for some time, it seems to be open season on Google. With great innovation, comes great.. um.. legal liability? Here's a very quick round up..

OUT-LAW restrainedly report "Google's Street View could be unlawful in Europe".

"Well, you can't say fairer than that " said an unamed source at Google..

The question here seems to be whether you view Google Street View as more like looking at the world with your own eyes, say from the top of a double decker bus (unconditionally legal) or as more like CCTV (regulated, at least in the EU, by DP law, and also by some case law of the ECHR, such as Peck). AS OUT-LAW note, if the latter paradigm is applied, then Google need to give adequate notice that surveillance is in operation to anyone who might be caught on STreet View and identifiable a a living person. Will we see 40 feet high billboards over London announcing "YOu are now on Google Maps. Be very afraid."? It reminds Pangloss of the old suggestion that London streets should be painted with the squares of the London A-Z for easy navigation.. One way out of this not identified by the otherwise excellent Struan Robertson, is the Durant v FSA get-out - it might be argued that no particular person is the focus of the attention of Google Street View and therefore no particular person has DP rights. Of course, Durant may not last forever:-)

More seriously, Google's privacy practice is apparently worse than Microsoft's. Yes, really Jemima - at least according to the much respected Privacy International, who surveyed a variety of Internet businesses. Results:

Privacy-friendly and privacy-enhancing. Nobody...

Generally privacy-aware: BBC, Ebay, last.fm, LiveJournal, Wikipedia

Notable lapses of privacy: Amazon, Bebo, Friendster, Linkedin, Myspace, Skype

Serious Lapses: Microsoft, OrKut, Xanga, YouTube

Substantial Threat to privacy: AOL, Apple, Facebook, Hi5, Reunion.com, Windows LiveSpaces, Yahoo

Hostile to privacy, comprehensive consumer surveillance: Google

Not everyone is convinced - see rebuttal at http://searchengineland.com/070610-100246.php .

(With thanks to Pete Fenelon for tip off.)