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back to article UK spy agency violated Snooper's Charter with 'unlawful' data retention

An independent tribunal has blasted British spy agency MI5 for "serious failings in compliance" and "unlawful" data collection of British subject dating back to 2014. In its January 30 judgment [PDF], the Investigatory Powers Tribunal sided with data privacy advocates Liberty and Privacy International, which sued the …

  1. Dan 55 Silver badge
    Big Brother

    Whatever powers are given, they're never enough

    Snoopers' Charter 2.0 announced in 5... 4...

  2. A Non e-mouse Silver badge
    Unhappy

    So other than being told not to be naughty again, what was the end result of this? Absolutely f**k all.

    I applaud Liberty and Privacy International for pushing this, but it feels like a hollow victory.

    (That's my card's marked for criticising the state :/ )

    1. Stork

      Sisyfos and the Rolling Stones

      See title

    2. Yet Another Anonymous coward Silver badge

      I don't think they went so far as to tell them not to be naughty again. They were told they had been naughty but were right to keep the sweeties they had stolen

  3. veti

    Mismanagement

    I'm just surprised the watchdog was allowed to see enough evidence to come to its conclusion. Score one for openness. That's what I expect to change now.

    The claim that it would be damaging to national security to enforce the rules - seems odd. I'm not going to speculate as to whether it's true, what it means, or what information the inquiry was fed to bring it to that conclusion. But I do feel qualified to speculate about what they meant by including it in the report. As it stands, it clearly implies that either the law needs to be changed again - or MI5 is shockingly negligent in how they manage their data. I'm guessing B.

    1. low_resolution_foxxes

      Re: Mismanagement

      "Shockingly negligent" could also be read as "have no interest in complying with the regulations, and are under intense five-eyes pressure to ignore such laws".

      For sure, they are almost certainly aware of what they are doing. The fact they resist so hard to stop doing so in the future, hints at a larger problem.

      If they are snooping on a targeted individual for an extended time period, I am not particularly concerned. If they are snooping on 100% of citizens 24/7........

      1. veti

        Re: Mismanagement

        Well, that is exactly what the findings imply. They are, explicitly, allowed to keep data on identified subjects of interest. The fact that that's apparently not enough for them - implies that no one has made the effort to identify and tag which data actually fall into this category.

        That's what I meant by "shockingly negligent". They've got all this data, but they haven't actually done the most basic level of analysis to it. They're just keeping it around in case they want to go fishing one day.

    2. spold

      Re: Mismanagement

      I'm sorry you don't have the required clearance for that information

  4. Flak

    The net has been cast wide...

    ... and some fish got caught - hence the national security argument against deleting some data.

    A potential argument for Snoopers' Charter 2.0 with more sweeping powers?

    There should be a continued requirement for judicial review and officially warranted data acquisition.

  5. amanfromMars 1 Silver badge

    Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

    "Nothing good comes of unchecked power being exercised by government intelligence agencies operating in the shadows," she continued. "It's undemocratic and dangerous to our rights to give MI5 a free pass.”

    Try taking away MI5 free passes endorsing and reinforcing unchecked power being exercised by government intelligence agencies operating in the shadows would be much more dangerous to one’s continuing good health and even right to life, methinks, for some such things have long ago proven themselves to be absolutely necessary because of shady state and non-state actor/government and non-governmental shenanigans and dodgy dealings.

    Yours Sincerely, M ?

    1. Martin Summers

      Re: Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

      amanfromMars 1

      You never did answer my question:

      Would you kill 5 other people to save the life of one?

      1. amanfromMars 1 Silver badge
        Pirate

        Re: Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

        amanfromMars 1

        You never did answer my question:

        Would you kill 5 other people to save the life of one? .... Martin Summers

        No, I didn't, although a popular understandable and acceptable answer might be self evident if 5 other people were intent and engaged in threatening and attacking one's own life with an earnest view that the resultant outcome be one's own death.

        Then life is cheapened and has always proven itself too costly and unpleasant to worthily preserve/maintain/retain.

        It's an ugly choice to have to make, and one which is best left both unasked and unanswered given the insight which may or may not be correctly drawn from any response, negative or positive.

        In defence of oneself in such a conundrum and dangerous and unnerving situation, self preservation and self defence delivers many more supporting friends than opposing enemies ... and for all of the very best of right ugly reasons.

      2. Anonymous Coward
        Anonymous Coward

        Re: Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

        "Would you kill 5 other people to save the life of one?"

        This is one of those bullshit questions designed to give the asker the high moral ground. All very good but have you heard of something called... 'war'? How you feeling about Ukraine's actions, or are those civilians not worth fighting (and potentially killing invading soldiers) for?

        1. Martin Summers

          Re: Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

          Chill. It's a bot. I was asking it based on an article the other day. You're new to these parts aren't you?

          1. Justthefacts

            Re: Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

            I was never sure….so you actually hadn’t asked that question previously? Nice experiment. Fairly conclusive IMHO.

            1. Martin Summers

              Re: Oh FFS ... You’ve never had IT so Good. Grow Up and Grow a Pair

              I asked it on the article about AI making that decision the the other day and it never responded. You have to catch it at the right time.

  6. Anonymous Coward
    Anonymous Coward

    Lesson learnt

    Don’t get caught

  7. Spanners
    Holmes

    While

    this may not be the most unsurprising headline of the year, even so far, it certainly has the possibility of being the most unsurprising headline of the day!

  8. Anonymous Coward
    Anonymous Coward

    How Surprising /S

    "At its highest levels, MI5 systemically disregarded the law, and the Home Office's failure to do anything green-lighted their activities,"

    Let's face it, they are a set of self entitled twats. They probably really believe they are above the law. I can imagine the outraged comments they are making to each other about how wrong this ruling is. Oh joy.

    1. Potemkine!

      Re: How Surprising /S

      They probably really believe they are above the law

      As they are not asked to delete the unlawful records, and no individual is blamed because "it would be unfair", aren't they right to believe it?

    2. ICL1900-G3 Silver badge

      Re: How Surprising /S

      I think, unless they are involved in a major catastrophe AND get found out, they ARE effectively above the law.

  9. Will Godfrey Silver badge
    Unhappy

    The key word is..

    SPY. This is what they are, and this is what they do. I guess it starts with little Johnny snitching on his sister for raiding the biscuit tin.

    Not the sort of people I'd want to know.

  10. DaemonProcess

    I don't mind

    Actually I am far more likely to trust the civil servants than the politicians above them. I read somewhere that every prime minister up to Cameron used these services to snoop on journalists and political opponents and I don't think the incumbent mob will be much better. However in some cases even that is justified, because back in the 1970s labour and the unions were indirectly receiving money from the USSR in an effort to de-stabilise the country. Out of chaos comes opportunity for the fringe elements to gain power. I still suspect Haroid Wilson may have been a KGB agent especially as he canned TSR2.

    1. LogicGate Silver badge

      Re: I don't mind

      The problem is that lately the government, most likely including at least one of the latest prime ministers, have directly been receiving money from Russia. Now imagine person in this kind of position having extracurricular access to domestic spy services...

      I think you should mind.

  11. Shrek
    Big Brother

    But an encryption back door will be fine... right?

    It's not like we (as in regizens) needed convincing that allowing the government to mandate encryption key back doors into applications was a bad idea but, surely, this is yet another example of why this would be a bad thing, no?

    Even if they could somehow convince us that no bad guy would get their hands on the back door key they seem to forget that they can't be trusted with the keys to the cookie jar either.

    1. Anonymous Coward
      Anonymous Coward

      Re: But an encryption back door will be fine... right?

      Given that all Western governments are God's blessing onto the world, a backdoor for their use would only be used for the pursuit of good and to fight evil and should thereofre be supported whole heartedly.

      If you disagree then you must be doing something dodgy and you will need to be examined further

  12. An_Old_Dog Silver badge

    A Slip?

    The tribunal did not blame any specific individuals at MI5 or the Home Office, however. "There was a widespread corporate failure," it noted.

    So the Investigatory Powers Tribunal is accusing, or admitting, that MI5 and the Home Office are corporations?

  13. scrubber

    The Great Reset

    All government discussions and actions should be made available to the public who apy for them. All owners of companies (shareholders) should be jointly and severally liable for any damages and debts the company has.

    This would make for a more equitable world with less growth but more accountability and less harm to people.

    1. amanfromMars 1 Silver badge

      Re: The Great Reset with Blots on the Landscape, Daemons in the Seescape, Pirates in the Ether

      All government discussions and actions should be made available to the public who apy for them. All owners of companies (shareholders) should be jointly and severally liable for any damages and debts the company has.

      This would make for a more equitable world with less growth but more accountability and less harm to people. .... scrubber

      That would/could make for a more equitable world with more responsible growth doing less harm to people with their politically incorrect and adept inept SCADA Systems and shareholders chasing profit for the sole benefit of themselves, an arbitrary extra percentage value added? tax for nothing extra which increases supply cost inevitably eventually beyond the point of viable sale and attractive general purchase.

      With that profit element at every stage of a product/project/development, and most all products have many stages where profit is always added and paid and carried over into final manufacturing cost before an arbitrary retail price is then decided with its profit element also added, does every product price bear precious little relationship to its true raw cost, and very quickly becomes realised as unaffordable, and in the most egregious of cases, identified as a rip-off ...... and the for profit capitalist system is realised to be self-serving, self-defeating cannibalistic and a blight and existential threat to humanity.

      Is that where the Wild Wacky Western Fiat Capital System is at today ..... a self-serving, self-defeating cannibalistic blight and existential threat to humanity? Or is that the sort of unpleasant realistic news usually fated to be kicked down the road by irresponsible fickle and foul media for sharing and hiding/presenting and denying again tomorrow?

      All available global evidence presently supports such being the undeniably viable honest case.

      J'accuse.

    2. Potemkine!

      Re: The Great Reset

      The principle is great, but in reality it doesn't work for government. Some of the actions and decisions must stay in the dark, when related to the defence of the country for instance. It doesn't mean there shouldn't be control by independent bodies, but everything cannot be made public.

      1. amanfromMars 1 Silver badge

        The Great Reset into Deeper and Darker Shadow Territories/Live Operational Virtual Environments ‽ .

        Potemkin!, Hi,

        That is exactly what dodgy governments quite rightly fear beyond anything else, their dark actions and decisions in the command and control of independent bodies which are, in governmental best interests, better not made generally public knowledge because they are powerless to remedy the situation out of remote, relatively anonymous, semi-autonomous commander control.

        The truth not being known though, and in most cases being deliberately hidden from peer review and forensic comment, is devastatingly counter-productive and eventually very quickly surprisingly self-destructive as is intimated in this very recent National Defense Magazine Editorial Opinion piece ....... https://www.nationaldefensemagazine.org/articles/2023/2/1/the-free-press-a-national-security-issue ....... which recognises that such causes mounting irreconcilable problems liable to explode/implode at the most inconvenient of time and in the most inconvenient of places too?

  14. Anonymous Coward
    Anonymous Coward

    The data was only resting in our account

    M15 Spy “Ted”

  15. tip pc Silver badge

    Silence on 77th brigade

    Interesting that there is radio silence on the 77th brigade

    https://bigbrotherwatch.org.uk/campaigns/ministry-of-truth/

    https://www.thenational.scot/news/23286961.probe-look-77th-brigade-monitoring-uk-social-media-posts/

    https://www.telegraph.co.uk/news/2023/01/29/armys-information-warfare-unit-monitored-covid-lockdown-critics/

    How can we trust the authorities when they deliberately remove alternative views test where not false or inaccurate and are required to form objective and informed consent?

  16. Anonymous Coward
    Anonymous Coward

    If you've done nothing wrong - you have nothing to fear

    ... right? ... right?

    Personally I don't see a problem with MI5 being given access to all data that is stored about me - I'd prefer the West have it than those nasty foreign countries like Syria, Russia, ChY-NA (said in Trump's voice), Iraq, Iran etc - after all given the UK is the guiding light in all things good in the world, they'd never do anything nefarious with that information.

    If MI5 want to know my bowel movements or know what I like to sort myself out - they should certainly have that right - I will even enable the camera on my phone so they can watch if they so choose.

    If they ask nicely - although to be fair they don't have to - they can even come round and give me a hand ... and if there's any crime that needs clearing up they should also be given the power to manufacture any electronic evidence to ensure a conviction - as they will be ensuring public safety and doing so for the greater good ...

    Anyone who thinks otherwise is just plain hiding something.

    1. amanfromMars 1 Silver badge

      Re: If you've done nothing wrong - you have nothing to fear from MuI7

      Quite so, TheInstigator, however such would be as casting Perl before swine ......... given the present dire straits state of the UKGBNI and its equally impacted Westernised allies/conspiring partners/brothers in arms/cohorts in crime etc. etc., and the much greater problematic reality for the likes of an MI5 or MI6 operation [Security and Secret Intelligence Service type bods and/or bots], given the all too obvious fact they haven't/wouldn't have a clue about what to do whenever they have all the Earth's information available to them ...... imagine it being something similar to giving a bonobo ape an internet connected laptop ..... with such a disability and facility and utility being recognised and used as a systemic universal vulnerability to be enjoyed and exploited with impunity by SMARTR A.N.Others communicating on matters of Mutual IntelAIgent interest stealthily.

      :-) And something so novel to be pigeonholed and classified as too unbelievable to be honestly true and thus extraordinarily rendered further free reign on a free rein way beyond any Earthly command and control of Chinese whispers......... which one does best to note is not a question posed to invent an opposition and entertain disagreement.

      1. Anonymous Coward
        Anonymous Coward

        Re: If you've done nothing wrong - you have nothing to fear from MuI7

        But their ambitions and desires must be sated - give them the information they desire - what will they do once they have it? Help me sort myself out? Great!

  17. amanfromMars 1 Silver badge

    Not something to fear from MuI7 unless you’re really doing something wilfully wrong*

    But their ambitions and desires must be sated - give them the information they desire - what will they do once they have it? Help me sort myself out? Great!...... TheInstigator

    In the absence of any available viable evidence that Western security and secret intelligence agencies would be able to properly attractively handle the help given via access to desired almighty leading latent information, indicating as its IT and AI components/proponents would do that established status quo arrangements are inequitably self-serving, eventually quickly destructive-inducing and inevitably self-defeating, and thus is that which needs to be fundamentally abandoned and radically changed to that which is to be shared with them from the Systems of A.N.Others, and which will choose to remain practically unknown and unknowable, for all of the very best of reasons guaranteeing absolute safety and impregnable security, don't be relying on any help from them sorting you out, TheInstigator, for such is neither within the gift of their utilities and facilities nor their own human abilities.

    The same though cannot be said of that which they desire/seek/need but would in their ignorance and arrogance, greed and hubris, do vainglorious futile battle against being universally unilaterally revealed and freely ubiquitously shared ...... and in so doing, clearly identify themselves as the mortal enemy within and hostile state actor[s] to be comprehensively destroyed and virtually annihilated.

    * .... or unless you’ve really done something wilfully wrong

  18. Johnb89

    So obeying the law is now optional

    Look, if there really is a need for them to have access to whatever data then Parliament should legistlate so, publicly and properly. This bollocks about 'yeah we broke the law but we really had to' is bollocks.

    If and when I get a speeding ticket or otherwise am found to be breaking the law can I do the same? I think I shall give it a go.

    "But Occifer, I was speeding to stop Chinese/Russian/North Korean (delete as required) baddies from baddying, and HM Government has decided that's ok, so ta."

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