header-logo header-logo

Spying on the opposition

21 November 2013 / Paul Haggett
Issue: 7585 / Categories: Opinion
printer mail-detail
web_comment

Thierry de Poerck & Paul Haggett note surveillance developments arising from recent use of covert evidence

The Snowden affair this summer lifted the lid on the mass surveillance of electronic communications by governments. Both the digital economy and free expression have flourished thanks to quantum leaps in technology. At the same time, the opportunities for intrusion, not just from governments and criminal gangs but also employers, have dramatically increased.

Outside of the sphere of national security, respect for privacy is enshrined in Art 8 of the European Convention on Human Rights and is applied through the Human Rights Act 1998 and the Data Protection Act 1998 (DPA 1998). It is a fundamental though qualified right, subject to lawful interference in pursuit of legitimate aims (such as the prevention of fraud and crime) and necessary in a democratic society. It is, however, expressed broadly and covers not just domestic life and correspondence, but also gender identity, personal data, image and reputation.

While data protection is a valuable ingredient for democracy, it also represents a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
The ex-wife of a Russian billionaire has won her bid to bring her financial relief claim in London, in a unanimous Court of Appeal decision
back-to-top-scroll