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The UN's privacy chief has said the UK's planned surveillance laws "run counter" to recent privacy judgements in Europe and could have "ramifications" in other countries.

In his first annual report (.doc) Joe Cannataci, the UN's special rapporteur on the right to privacy, has criticised the UK government's approach to the creation of the Investigatory Powers Bill (IP Bill).


Cannataci said the intelligence provisions in the bill -- particularly those of bulk hacking and bulk interception of data -- "run counter to the most recent judgements of the European Court of Justice and the European Court of Human Rights, and undermine the spirit of the very right to privacy."

In particular Cannataci highlighted the case of Max Schrems, which struck down the Safe Harbour data sharing agreement between Europe and the US, and a separate case where Russian surveillance was challenged.

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The UK government, he said, should "step back from taking disproportionate measures which may have negative ramifications far beyond the shores of the United Kingdom."

The report from Cannataci singles out the proposed IP Bill as one particular area of concern. He said that privacy "has never been more at the forefront of political, judicial and personal consciousness". The 30-page report concludes by saying that some governments, including the US and Netherlands, have taken a positive approach to the issue of encryption and whether backdoors should be introduced.


The UN privacy representative -- who previously said UK surveillance was worse than in George Orwell's 1984 -- said recommendations from MPs and Lords that more than 100 changes be made to the bill should be closely examined by the government.

Following the reports Home Secretary Theresa May introduced a number of changes. When publishing the bill she said that "the majority of the committees’ recommendations" were taken on board and that additional privacy protections and oversight arrangements had been added.

However, Cannataci said he had "serious concern[s]" about the changes made by the Home Office and "the value of some of the revisions most recently introduced."

He called on the government to continue to work with the committees that had scrutinised the bill "to identify proportionate measures which enhance security without being overly privacy-intrusive."

The IP Bill was first introduced by the government in November 2015 to more clearly define surveillance powers and reform oversight.


Included in the bill are requirements for communications companies to collect and store internet connection records of users, the ability to bulk intercept communications data and for investigators to hack into mobile phones, servers, laptops and other systems when a warrant has been issued.

The legislation, through its draft and revised versions, has been heavily criticised by technology companies, academics and civil liberties groups.

The bill is set to be debated by MPs on 15 March and if passed into law will come into force by 2017.