Civil Liberties Organization Demands Inquiry into UK Data Protection Authority

Numerous civil liberties advocates and legal professionals are demanding an inquiry into the UK’s data protection regulator. The regulator has referred to the situation as a “collapse in enforcement activity” following a significant scandal, specifically the Afghanistan data breach.

A group of 73 individuals—including academics, leading lawyers, data protection specialists, and organizations like Statewatch and the Good Law Project—have sent a letter to Chi Onwurah, the chair of the bipartisan Commons Science, Innovation and Technology Committee. This effort was coordinated by the Open Rights Group and calls for an investigation into the actions of Information Commissioner John Edwards’ office.

“We are alarmed by the failure in enforcement actions by the Directorate of Intelligence, which has resulted in not formally investigating the Ministry of Defense (MoD) after the Afghanistan data breach,” stated the signatories. They caution that there are “more serious structural flaws” beyond just data breaches.

The Afghanistan data breach represented a grave leak involving information about Afghan individuals who collaborated with British forces prior to the Taliban’s takeover in August 2021. Those whose names were disclosed indicated that this exposure endangered their lives.

“Data breaches can pose serious risks to individuals and disrupt the continuity of government and business,” the letter emphasized. “However, during a recent hearing conducted by your committee, Commissioner John Edwards suggested he has no intention of reassessing his approach to data protection enforcement, even in light of the most significant data breach ever in the UK.”

The signatories also referenced other notable data breaches, including those affecting the victims of the Windrush scandal.

They argue that the ICO has adopted a “public sector approach” to such incidents, issuing disciplinary actions characterized by unenforceable written warnings and substantially lowering fines.

“The ICO’s choice not to initiate any formal action against the MoD, despite ongoing failures, is as remarkable as its lack of documentation regarding its decisions. This paints a picture in which the ICO’s public sector approach provides minimal deterrence and fails to encourage effective data management across government and public entities.”

“The response to the Afghanistan data breach signifies a broader issue. Many have been left disillusioned by the ICO’s lack of use of its remedial powers and its continual shortcomings.”

The letter warns that the trend of declining enforcement in the public sector will inevitably reflect in the accompanying statistics. Latest ICO report Enforcement actions by the private sector are also becoming increasingly rare, as the ICO fails to pursue matters and organizations redirect resources away from compliance and responsible data practices.

“Instead of simply hoping for a positive outcome, Congress has endowed the ICO with ample authority to ensure compliance with legally binding orders. During the hearing you conducted, it was clear that the ICO opted not to exercise these powers regarding the Afghan data breach.”

“Regrettably, the Afghanistan data breach is not an isolated case but rather an indication of deeper structural issues in the operations of ICOs.”

The letter concludes with the assertion that “change seems improbable unless the Science, Innovation and Technology Committee steps in with its oversight capabilities.”

An ICO spokesperson commented: “We possess a comprehensive array of regulatory powers and tools to tackle systemic concerns within specific sectors or industries.”

“We appreciate the essential role civil society plays in scrutinizing our decisions and look forward to discussing our strategies in our upcoming regular meeting. We also welcome the opportunity to clarify our work when engaging with or presenting before the DSIT Selection Committee.”

Source: www.theguardian.com

Announce Digital ID Cards: Plans to Strengthen Civil Liberties | Keyer Priority

All working individuals will be required to obtain a digital ID card, as announced by Keir Starmer, sparking a potential clash with civil liberties advocates.

The Prime Minister will outline measures during a meeting on Friday aimed at how progressive leaders can address the challenges facing Britain, including addressing voter anxieties about immigration.

The initiative for the “Brit Card” mandates legal backing and is already encountering pushback from privacy advocates.

However, it remains unclear whether the public is convinced that securing the right to work in the UK is necessary to combat illegal migration, despite the lingering sentiment since the abandonment of Tony Blair’s ID card strategy in the 2000s.

New Interior Secretary Shabana Mahmoud endorses the initiative, stating that her “long-standing personal political beliefs have always supported ID cards.”

This month, Starmer mentioned that digital IDs could “play a vital role” in making the UK less appealing to illegal immigrants, citing France’s assertion that a lack of official cards acts as a “pull factor.”

The Prime Minister also referenced the government’s aim for “patriotic renewal,” contrasting it with “a politics of complaints, toxic divisions, and reform efforts.” He characterized the Conservatives as “essentially defunct.”

During his speech on Friday, he pointed out that the far-right is injecting “toxic” narratives into national discourse, asserting, “At its core— the most toxic beliefs, discussed just a week or two ago, will lead to future struggles, decisive conflicts, and violent confrontations for the nation.

“You don’t have to be a historian to understand where this kind of rhetoric can lead. It’s palpable—the naked language used to intimidate.”

Nonetheless, he also expressed his belief in the necessity of controlling immigration and borders, stating:

The emphasis is simply this: “It’s not compassionate leftist politics to exploit foreign workers and rely on labor that undermines fair wages. However, it is a fact that every nation must take measures to secure its borders.”

In a piece for The Telegraph, Starmer conveyed that labor had previously erred regarding migration.

He contended that it is permissible to express concerns regarding immigration rates, while rejecting the “toxic” and divisive reform approach.

He added, “There’s no doubt that established leftist parties, myself included, have distanced themselves from public concerns regarding illegal immigration. It became too straightforward for individuals to enter the country, work in the shadow economy, and remain undocumented.”

The Guardian disclosed in June that Downing Street was contemplating a digital ID card initiative.

This concept originated from a union document presented to the No. 10 policy team proposing Brit cards.

ThinkTank also suggested that it could help curtail the significant number of visa overstayers, indicating that approximately half of those denied asylum claims over the past 14 years are likely still in the UK. They proposed a free, secure digital ID accessible via an individual’s smartphone, utilizing the rebranded, intended gov.uk wallet app as a Brit card application. This would be verifiable by employers, immigrants, banks, and landlords through complimentary software.

Under a potential scheme, the technology is expected to leverage the government’s existing “one-login” framework, which currently allows citizens to access around 50 government services.

Kirsty Innes, the report’s author and technology director at ThinkTank, presently serves as a special advisor to technology secretary Liz Kendall. When the document was released, she mentioned, “Progressive societies can only thrive with meaningful boundaries. The BritCard curtails illegal employment and housing regulations, simplifying the identification and penalization of exploitative illegal employers and landlords.”

The plan received support from the Tony Blair Institute and the government’s innovation director. Alexander Iosad remarked, “If the government announces universal digital IDs to enhance public services, it will be one of the most significant advancements to ease daily life and foster trust among British citizens.”

However, it has faced opposition from David Davis, a Conservative MP who previously led the charge against Blair’s ID card initiative decades ago.

Davis stated, “No system is immune to failure. I have witnessed numerous instances where governmental and tech giants were unable to safeguard people’s personal information. I hardly believe Whitehall can manage better than leading companies in protecting their data.”

The Liberal Democrats voiced their opposition, stating they cannot endorse “mandatory digital IDs that require individuals to expose their personal data merely to go about their daily lives.”

While the Conservatives did not provide an official stance, their leader, Kemi Badenok, noted: “There are both arguments for and against digital IDs, but mandating their use is a significant step that warrants thorough national discussion.

“Instead, this is merely a maneuver by Andy Burnham for leadership positioning, intended to distract from the crisis surrounding the Prime Minister’s chief.”

Jim Killock, executive director of the Open Rights Group, emphasized that the digital ID card proposal is not part of the Labour Party’s manifesto, labeling it as “the last thing this government should pursue amid a living crisis.”

“The existing digital visa system for immigration serves as a harsh harbinger of the damage inflicted by data mishaps, system breakdowns, and a callous and adversarial Home Office. Individuals have faced travel restrictions, lost job opportunities, and even homelessness due to current digital identity initiatives,” he articulated.

“This scheme poses the risk of engendering a digital surveillance framework that alters the daily existence of all individuals and establishes a pre-crime state where we continually have to validate our identities in the course of our everyday activities.”

David Renney, a former Home Office ID Program employee and currently Chief Trust Officer of Startup Orchestration Identity, remarked that it is “absurd” to propose digital identities as a solution for illegal migration.

“Suggesting a flagship ‘digital identity’ as a means to combat illegal migration reflects a lack of understanding and learning over the last two decades,” he pointed out. “Employers are responsible for verifying the right to work of future employees in the UK or face penalties of £45,000.”

Source: www.theguardian.com