Emma Carr appointed director at Big Brother Watch

Just months before Big Brother Watch celebrates its fifth anniversary, the civil liberties organisation has unveiled a new leadership team following the departure of director Nick Pickles, who left the campaign in May this year to join Twitter as the social media site’s public policy manager for the UK.

Emma Carr takes up the role of director with immediate effect while Renate Samson becomes the organisation’s CEO (a newly-created role).

Carr joined Big Brother Watch in February 2012 as deputy director and became acting director in May this year upon Pickles’ departure. Over the course of the last two and a half years, Carr has worked hard to challenge policies that threaten civil liberties, privacy and freedom.

Carr has made an active contribution to the organisation’s research, frequently appearing on national and international television and radio programmes, and actively spreading the ethos of the organisation at conferences around the world.

Emma Carr: the new director of Big Brother Watch

As the director of Big Brother Watch, Carr will be overseeing research, media and campaigns.

In the new role of CEO, Renate Samson will oversee Big Brother Watch operations, parliamentary outreach and new projects. The first of these will be a new educational outreach programme designed specifically for those in higher education. Further details about this project will be announced in due course.

Samson has spent the past four years as Chief of Staff to David Davis MP, working on every major civil liberties debate during this Parliament. Samson joins Big Brother Watch with a wealth of contacts and knowledge which will be vital as the campaign expands over the coming years.

Samson will begin her new role later this year after the party conference season has concluded.

In addition, Big Brother Watch researcher Daniel Nesbitt will also be taking on the role of research director. Nesbitt has been with the campaign for 18 months, during which time he has produced high calibre research and appeared as a spokesperson for the organisation in the media.

Liberty represents MPs David Davis and Tom Watson in legal challenge to Government’s “emergency” surveillance law

At 11.00 am this morning, Liberty announced that it will seek a Judicial Review of the Government’s ’emergency’ surveillance law on behalf of MPs David Davis and Tom Watson. The announcement comes days after the Data Retention and Investigatory Powers Act 2014 (DRIP) was – according to Liberty – “rushed through Parliament” onto the statute book.

Liberty is arguing on Davis and Watson’s behalf that the new legislation is incompatible with Article 8 of the European Convention on Human Rights (ECHR), the right to respect for private and family life, and Articles 7 and 8 of the EU Charter of Fundamental Rights relating to respect for private and family life and the protection of personal data.

Since 2009, communications data has been retained by public communications services and network providers under a 2009 EU Data Retention Directive. However, back in April the Court of Justice of the European Union (CJEU) ruled that the Directive was invalid because it was so sweeping in its interference with individual privacy rights. The judgement made clear that existing UK legislation, including the Regulation of Investigatory Powers Act 2000 (RIPA), required urgent review.

On 10 July 2014, the DRIP Bill was introduced by ministers claiming that “emergency” legislation was necessary. The Bill was privately agreed following discussions between the three main party leaders. It became law within just three days – a timescale which Liberty feels has rendered proper parliamentary scrutiny, amendment and even debate impossible.

James Welch: Liberty’s legal director

James Welch, legal director for Liberty, said: “It’s as ridiculous as it is offensive to introduce an “emergency” law in response to an essay crisis. The court ruling that blanket data retention breached the privacy of every man, woman and child in the UK was more than three months ago. The Government has shown contempt for both the rule of law and Parliamentary Sovereignty. This private cross-party stitch-up, rail-roaded onto the statute book inside three days, is ripe for challenge in the Courts.”

David Davis, Conservative MP for Haltemprice and Howden, added: “This Act of Parliament was driven through the House of Commons with ridiculous and unnecessary haste to meet a completely artificial emergency. As a result, Members of Parliament had no opportunity to either research it, consider it or debate it properly. The aim of this legal action is to make the Government give the House the opportunity to do what it should have been allowed to do in the first place – in other words proper, considered and effective law-making. The overall aim is to create law which both protects the security of our citizens without unnecessarily invading their privacy.”

David Davis MP

Tom Watson, Labour MP for West Bromwich East, added: “The three party leaders struck a private deal to rail-road through a controversial Bill in a week. You cannot make good laws behind closed doors. The new Data Retention and Investigatory Powers Act does not answer the concerns of many that the blanket retention of personal data is a breach of fundamental rights to privacy.”

Tom Watson MP

The Human Rights Act 1998

The Human Rights Act 1998 incorporates the ECHR into UK law. Section 3 requires that, so far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way which is compatible with Convention rights.

Section 4 stipulates that in any proceedings in which a court determines whether a provision or primary legislation is compatible with a Convention right, the court may – if it’s satisfied that the provision is incompatible – make a declaration of that incompatibility.

Liberty’s clients (ie David Davis MP and Tom Watson MP) claim that Section 1 of the DRIP 2014 is incompatible with the Human Rights Act and, in particular, Article 8 of the ECHR, together with Articles 7 and 8 of the EU Charter.

The powers within Section 1 of DRIP are extraordinarily wide. In its letter before claim to the Home Secretary, Liberty argues that such powers are incompatible with Article 8 of the ECHR and/or Articles 7 and/or 8 of the EU Charter for a number of reasons, including the following:

*Communications data can provide a very intimate picture of a person’s life – who they communicated with, by what means, the time and length of the communication, where the communication took place and the frequency of the communications. As the CJEU ruling said: “Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them”

*Communications data retained under DRIP is subject to an extremely lax access regime – still governed by the RIPA (Communications Data) Order 2010 – allowing such data to be acquired by hundreds of public authorities

*The Act allows the Home Secretary to command, by order, the blanket retention of all communications data for 12 months – no link with the prevention or detection of serious crime is required

Via its letter before claim, Liberty has invited the Home Secretary Theresa May to concede that the Act is indeed incompatible and to publish and present a replacement Bill, in turn allowing Parliament to fulfil its proper constitutional function.

Alternatively, the Home Secretary is invited to concede that Peter Davis MP and Tom Watson MP’s claim is arguable and that a substantive hearing ought to follow.