From The Sunday Times
January 4, 2009
David Leppard
THE Home Office has quietly adopted a new plan to allow police across Britain routinely to hack into people’s personal computers without a warrant.
The move, which follows a decision by the European Union’s council of ministers in Brussels, has angered civil liberties groups and opposition MPs. They described it as a sinister extension of the surveillance state which drives “a coach and horses” through privacy laws.
The hacking is known as “remote searching”. It allows police or MI5 officers who may be hundreds of miles away to examine covertly the hard drive of someone’s PC at his home, office or hotel room.
Material gathered in this way includes the content of all e-mails, web-browsing habits and instant messaging.
Under the Brussels edict, police across the EU have been given the green light to expand the implementation of a rarely used power involving warrantless intrusive surveillance of private property. The strategy will allow French, German and other EU forces to ask British officers to hack into someone’s UK computer and pass over any material gleaned.
A remote search can be granted if a senior officer says he “believes” that it is “proportionate” and necessary to prevent or detect serious crime — defined as any offence attracting a jail sentence of more than three years.
However, opposition MPs and civil liberties groups say that the broadening of such intrusive surveillance powers should be regulated by a new act of parliament and court warrants.
They point out that in contrast to the legal safeguards for searching a suspect’s home, police undertaking a remote search do not need to apply to a magistrates’ court for a warrant.
Shami Chakrabarti, director of Liberty, the human rights group, said she would challenge the legal basis of the move. “These are very intrusive powers – as intrusive as someone busting down your door and coming into your home,” she said.
“The public will want this to be controlled by new legislation and judicial authorisation. Without those safeguards it’s a devastating blow to any notion of personal privacy.”
