Imperialism
on Trial - Free
Julian Assange
‘Extraordinary
& persistent
illegality’: UK's MI5 accused
of mishandling bulk
surveillance data
RT,
12
June,2019
UK
domestic counter-intelligence service MI5 has been accused in High
Court of violating data collection and storage privileges by storing
private citizens’ information in bulk without proper protections.
MI5
has no control of its storage of vast volumes of people’s calls,
messages, web browsing history, as well as other personal data that
the agency has managed to obtain on the basis of surveillance
warrants, which were often issued under false pretext, the High Court
heard on Tuesday in a legal challenge brought by the human rights
organization Liberty.
Liberty
claims that the MI5 persistently violates privileges obtained by the
Investigatory Powers Act (IPA), which allows the security services to
hack individuals' computers and phones in the name of national
security. The agency’s failures have been identified by the head of
the Investigatory Powers Commissioner’s Office (IPCO), Sir Adrian
Fulford, who is tasked with safeguarding the storage and timely
deletion of bulk data. A series of 10 documents and letters from MI5
and IPCO have been shared with the court in support of the claims.
The
spy agency has been aware of breaches of compliance with the IPA for
at least three years but has “kept the failings secret,”
according to the evidence presented. The MI5 handling of people’s
data was found to be “undoubtedly unlawful” by Fulford, who
accused the intelligence service of “historical lack of compliance”
with IPA safeguards.
Furthermore,
the spying apparatus is being accused of misleading the judges when
applying for surveillance warrants under false assurance that proper
storage of the data will be met. Hacking warrants would have never
been issued if breaches were known, Fulford pointed out.
“MI5
have been holding on to people's data - ordinary people's data, your
data, my data - illegally for many years,” Megan Goulding, a lawyer
for Liberty, said. “Not only that, they've been trying to keep
their really serious errors secret - secret from the security
services watchdog, who's supposed to know about them, secret from the
Home Office, secret from the prime minister and secret from the
public.”
According
to Yair Cohen, a social media lawyer and the author of the book ‘The
Net is Closing: Birth of the e-police’, the issue here is not
necessarily the collection of the data but the way it has been
unlawfully stored.
“The
storage of the data exceeded the time it was allowed to be stored,
which means that the whole exercise can be rendered unlawful,”
Cohen told RT. Failure to erase bulk data once it is no longer needed
could “endanger people whose data MI5 possessed,” he claimed.
“This
type of data has been kept in an insecure manner. It means that it
was perhaps open for hundreds of people to view it...maybe there
would have been leaks of the data to all sort of organizations that
shouldn't really be accessing the data for national security
reasons,” Cohen explained.
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