April 29, 2013
Recommendations from the Open Rights Group’s Digital Surveillance report
- Hold an overarching review, potentially through a Royal Commission, to properly study surveillance in the digital age.
- Judicial oversight of requests for intrusive communications data, in particular for all traffic data requests.
- Choose ‘data preservation’ rather than blanket data retention. Include quick response and emergency processes, and means to intelligently and accountably identify targets.
- Create a unified Surveillance Commissioner capable of carrying out a strong, independent audit with “multi-skilled investigators including human rights and computer experts.”
- Reject vague proposals, such as those in the draft Communications Data Bill, for automated, pervasive analytics tools designed to trawl through and across datasets.
- Provide stringent penalties for misuse of either powers or data.
- Individuals should be notified by default of a decision authorising the request for their communications data.
- Invest in law enforcement’s capacity to use and analyse the data already available to them.
- Lift the ban on the use of intercept evidence in court.
- Use the International Principles on Communications Surveillance and Human Rights developed by Privacy International and other groups as a template for future laws.