Dated November 2015. Print and web pdfs available at https://www.gov.uk/government/publications Web ISBN=9781474125666

In March 2015, the Intelligence and Security Committee (ISC) published Privacy and Security: A modern and transparent legal frameworkThis was a detailed investigation into the intrusive capabilities used by the Agencies. The Committee concluded that the investigatory powers the Agencies were authorised to employ were necessary and proportionate - and they remain of this view. However, the Committee did not consider that there was sufficient openness or transparency about those powers. Their key recommendation therefore was that the current legal framework governing the Agencies' powers should be replaced by a new Act of Parliament, clearly setting out all the intrusive powers available to the Agencies, the purposes for which they may use them, and the authorisation required before they may do so. In November 2015, the Government published the draft Investigatory Powers Bill. The draft Bill makes some attempt to improve transparency; however, the Committee is disappointed to note that it does not cover all the Agencies' intrusive capabilities. This failure to address the Committee's key recommendation means that various powers and authorisations remain scattered throughout different pieces of legislation. As a result, the draft Bill is handicapped from the outset in terms of the extent to which it can provide a clear and comprehensive legal framework to govern the use and oversight of investigatory powers. This Report outlines the issues that the Committee believes are cause for concern.

Under the provisions of the Draft Investigatory Powers Bill an additional protection would apply for members of the UK, devolved and European Parliaments with regard to the issue of targeted warrants to intercept, obtain by equipment interference or examine their communications. Before making a decision on whether to issue such a warrant, the Secretary of State would be required to consult the Prime Minister. As well, the required code of practice for the obtaining or holding of communications data would have to include provision about particular considerations applicable to communications between members of Parliament and their constituents.

The draft Investigatory Powers Bill was published by the Government on 4 November 2015. Ministers have been clear that the intention of this Bill is to consolidate and clarify existing legislation on the interception of communications and the acquisition of communications data and to modernise the law in the light of developments in communications technologies, in order to maintain the operational capabilities of law enforcement agencies and the intelligence and security services. Previous attempts to legislate in this area have met with criticisms over the lack of consultation with communications service providers (CSPs) on matters of technical feasibility and cost. In our inquiry we have focused on technological aspects of the draft Bill in order to identify the main technological issues involved and how these might affect the communications businesses that will have to collect data and cooperate with the security authorities. If law enforcement agencies and the intelligence and security services are effectively to combat terrorism and serious crime, they must have the means to keep pace with developments in communications. They will doubtless need to continue to deploy a range of methods for intercepting and acquiring information about communications. The evidence we have received suggests there are still many unanswered questions about how this legislation will work in the fast moving world of technological innovation. It is essential that the integrity and security of legitimate online transactions is maintained if we are to trust in, and benefit from, the opportunities of an increasingly digital economy.

Dated March 2016. Government response to Cm.9152, Draft Investigatory Powers Bill (ISBN 9780101887878). A TSO version of a title previously published by HM Government.