Panopticon has reported in recent weeks that, following the Edward Snowden/Prism disclosures, Liberty has brought legal proceedings against the UK’s security bodies. This week, Privacy International has announced that it too is bringing a claim in the Investigatory Powers Tribunal – concerning both the Prism and Tempora programmes. It summarises its claim in these terms:
“Firstly, for the failure to have a publicly accessible legal framework in which communications data of those located in the UK is accessed after obtained and passed on by the US National Security Agency through the Prism programme. Secondly, for the indiscriminate interception and storing of huge amounts of data via tapping undersea fibre optic cables through the Tempora programme.”
Legal complaints on Prism-related transfers have been made elsewhere on data protection grounds also. A group of students who are members of a group called Europe vs. Facebook have filed complaints to the data protection authorities in Ireland (against Facebook and Apple), Luxembourg (against Skype and Microsoft) and Germany (against Yahoo).
European authorities have expressed concerns on these issues in their own right. For example, the Vice President of the European Commission, Viviane Reding, has written to the British Foreign Secretary, William Hague, about the Tempora programme, and has directed similar concerns at the US (including in a piece in the New York Times). The European Parliament has also announced that a panel of its Committee on Civil Liberties, Justice and Home Affairs will be convened to investigate the Prism-related surveillance of EU citizens. It says the panel will report by the end of 2013.
In terms of push-back within the US, it has been reported that Texas has introduced a bill strengthening the requirements for warrants to be obtained before any emails (as opposed to merely unread ones) can be disclosed to state and local law enforcement agencies.
Further complaints, litigation and potential legal challenges will doubtless arise concerning Prism, Tempora and the like.
Robin Hopkins