Police surveillance of demonstrators misses Congestion Charge angle

This week, the Guardian has run a major exposé of police surveillance of demonstrations and of the fact that the police have amassed a photo-library of individuals, many of whom do not possess a criminal record, but who involve themselves in lawful protest.

The photo-library is used to make “spotter cards”. This spotter card is a police version of those I-Spy games I used to have as a child; spot the demonstrator (or “domestic extremist” to use the official description) and call the Metropolitan Police’s Public Order Intelligence Unit to see how many points you get.

According to the newspaper, police surveillance also uses Automated Number Plate Readers (ANPR) to track cars driven by the leading “domestic extremists” of the day. As most demonstrations occur in London, it is possible that the pivotal role played by London’s Congestion Charge Cameras has been overlooked.

In an earlier blog ( “Can national security agencies disclose communications data or ANPR images to anybody?", 06/10/2009), I explained that the exemption described by the National Security Certificate that relates to the Congestion Charge Cameras permits the disclosure of ANPR images to anybody on the planet (e.g. any national government agency including the unsavoury ones) for any purpose (e.g. for a purpose that has nothing to do with crime and national security).

As most demonstrations occur in London, the Certificate is likely to apply to cars driven by “domestic extremists” as they make their way to a demo. The breadth of this exemption would thus permit a list of “extremists” attending a particular demo to be compiled and circulated (perhaps with relevant driver information from the DVLA) to interested national governments, perhaps as some kind of good will gesture. As the ID Card Act 2006 permits wide disclosures from the National Identity Register, it is easy to see that in future, the photograph of the ID Card holders could also be attached.

The policing of demonstrations calls for checks and balances. Such balance should be achieved by detailed legislation which has an independent regulator that can act as arbiter; that is why you have a Parades Commission in Northern Ireland and that is why it is important that the Information Commissioner investigates properly. It will be an interesting test of the new Commissioner who has just gone public with his “information rights” agenda (see yesterday’s blog).

However, in the case of these National Security Certificates such as the one signed in relation to the Congestion Charge ANPR cameras, there is a constitutional problem that is beyond the Information Commissioner. The Tribunal’s decision to chuck out the Privacy International’s Appeal limits such hearings to case-by-case circumstances when an individual tries to exercise data subject rights, and fails. Yet this Certificate, in data protection terms, legitimises mass surveillance of all those who drive into London.

All mass surveillance should be subject to detailed primary legislation. Yet these National Security Certificates are not even subject to the low standard of Parliamentary scrutiny that occurs when Secondary Legislation is enacted (e.g. by Statutory Instrument). In effect, the Certificate system established under the Data Protection Act substitutes administrative fiat for legislation and public debate.

Such a prospect, in my view, is simply unacceptable – especially when one considers these Certificates in the context of the Guardian revelations.

Comments

[Antoinette Carter]

These "domestic extremists" should take note that they should ditch their 4 wheeled modes of transport in favour of the motorised 2 wheeled variety as all ANPR cameras point at traffic as it enters the CC zone; recording the details of the reg plate on the front bumper. Bikes have the benefit of only having rear reg plates, and are therefore not captured.

[Surveillance Solutions]

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