Surveillance of communications goes through the roof

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A special analysis on the surveillance of telecommunications by Statewatch shows that the authorised surveillance in England, Wales and Scotland has more than doubled since the Labour government came to power in 1997.

Figures published by the Interception of Communications Commissioner for England, Wales and Scotland (no figures have ever been made available on Northern Ireland) for 2001 appear to show that the number of interception warrants issued dropped from 1,900 in 2000 to 1,445 in 2001. But the true picture is quite the reverse. Changes to warrants, "modifications", which previously required a new warrant have been excluded from the figures - when these are added it shows that the total number of warrants issued in 1996 (the last full year of the Conservative government) was 1,370 and for 2001 the total was 3,427. Moreover, even these figures are a major under-estimate due to changes introduced under the Regulation of Investigatory Powers Act 2000 (RIPA).

Tony Bunyan, Statewatch editor, comments:

"The official figures are a travesty. Figures are provided which show that surveillance warrants have doubled since Labour came to power in 1997 - they are now more than double the figures in the Second World War. But no figures are given on other major changes brought in under RIPA 2000 that would show the real extent of interception.

The new method of issuing warrants and changes to them is said to make life easier for officials but at the same time it hides from public view the true extent of surveillance.

The Interception Commissioner admits that the great majority of warrants are issued to combat crime so this enormous expansion cannot be explained away as combating terrorism (national security)."


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Analysis

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The annual report of the Interception of Communications Commissioner for 2001 was published in October 2002. The report, by the Rt Hon Sir Swinton Thomas, as usual shows that no complaint by a member of the public to the Investigatory Powers Tribunal has been upheld.

The report appears to show that the number of warrants issued dropped significantly to the lowest for five years. However, the true picture is quite different.

On the face of it the number of warrants issued to conduct communications surveillance (telephones, mobiles and letters) fell in England and Wales from 1,608 to 1,314 and in Scotland from 292 to 131. But the Commissioner's report says that the continued increase in serious and organised crime and the "increased facility to counter it" (ie: new means of surveillance) are:

"the main cause of the larger number of warrants. The significantly higher level of warrants sought each year"

Interception warrants issued:

England
& Wales Scotland total

1990 515 66 581
1991 732 82 815
1992 874 92 966
1993 998 122 1,120
1994 947 100 1,047
1995 997 138 1,135
1996 1,142 228 1,370
1997 1,456 256 1,712
1998 1,763 268 2,031
1999 1,734 288 2,022
2000 1,608 292 1,900
2001 1,314 131 1,445

No figures have ever been provided on Northern Ireland.

From these figures it would seem that warrants for the surveillance of communications (telephones etc) and mail-opening have dropped significantly after 2000.

However, quite the reverse is true.

From July 1998 a major change in the interpretation of the 1985 Interception of Communications Act (IOCA) meant that where previously any change to the initial warrant (eg: a pe

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