header-logo header-logo

04 April 2012 / Hle Blog
Issue: 7509 / Categories: Blogs
printer mail-detail

Online privacy

HLE blogger Simon Hetherington explores the fuss surrounding the monitoring of online activities

"It’s pretty hard to do anything these days without someone knowing what you’re up to. The minutiae of our lives can be pieced together by hundreds of different agencies tracking our health, spending habits, travel, requests for credit checks, presence at work—the list is extensive. So why is it that the current proposals for government monitoring of e-mail and web use are causing such a fuss?

The answer to that lies in the vagueness of the proposal. If it goes through, GCHQ will be able to have access to everything, when it wants it, in order to assist in tackling crime and terrorism. Somewhere in the rationale the term “national security” no doubt appears, completing the treble of terms which government habitually tosses about as justification for circumscribing personal freedoms. That is clear enough in one sense—the “why”—but the potential objection is just as much to the “how”.

Voices are loud in opposition to the proposals using, with equal dogmatism, such phrases as “invasion of privacy”, “police state” and when all others are exhausted, “Orwellian”, as if nothing more need be said. But more does need to be said, and without bluster. The powerful point, that terrible things can be prevented, needs to be answered on its merits. A distinction needs to be drawn between this proposal and the many ways in which we are already tracked, or the objection may be empty.

The Regulation of Investigatory Powers Act 2000 is in the news; prosecutors and investigators are bemoaning the limitations on the use to which they can put the results of covert surveillance. The material point here is that there are already powers under which our communications can be intercepted, but they are specific powers, not a blanket permission. And that, too, is the difference between these proposals and the kinds of activity mentioned at the top of these remarks…”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7509 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll