Law Society calls for Coherent Legal Framework for Surveillance

Commenting on the Rose Report into Surveillance Law Society President Andrew Holroyd said: "We welcome Sir Christopher's finding that no legal visit to Woodhill has been monitored and we await the further assurances I have sought from the Secretary of State for Justice. However, we remain very concerned about the complex and unsatisfactory legislative framework surrounding surveillance.

“It is fundamental to the rule of law that legally privileged conversations are not bugged. We would like to see explicit statutory protection for legal professional privilege in the Regulation of Investigatory Powers Act itself, which would ensure those acting under the legislation clearly understood the limitations placed on them. The Home Secretary referred to the Investigatory Powers Tribunal in her statement to the House yesterday. This is, at best, a remedy after the fact. Potential complainants need to be aware of inappropriate surveillance. This will generally not be the case. Alongside a more coherent legal framework for surveillance we would, therefore, advocate more stringent, active and fully resourced oversight arrangements.

It is clear, as the Information Commissioner has pointed out, that we are living in a Surveillance Society. As databases and electronic communications proliferate new forms of surveillance are developing. In this environment we would urge the Government take the opportunity to launch a more thoroughgoing review of the legal and practical safeguards that are needed to ensure our continuing rights and freedoms. The Law Society would be happy to contribute to any review.”