SURVEILLANCE

In the early 1990s a Scottish newspaper exposed the details of a routine police practice known as ‘metering’. This involved a senior detective and police officer requesting from British Telecom (BT) one of their customer’s phone records. Such records detailed the telephone numbers that person was calling, when the call took place, and the call’s duration. British Telecom handed these details over under a ‘private agreement’ it had formulated between itself and the police.

Not only did the newspaper reveal this practice, but divulged how little political or judicial oversight there was of it. Later, the Secretary of State for Scotland at the time, Ian Lang, announced new guidelines on metering for Scotland’s police forces, and a new reporting system was introduced to keep track of the practice. Details came to light following the theft of metering surveillance documents from the Headquarters of Lothian and Borders police in Edinburgh, in a saga that came to be known as Fettesgate.

More than two decades on one could be tempted to change the word ‘metering’ to ‘metadata’. In recent months, Edward Snowden, a former US intelligence officer with the National Security Agency (NSA), revealed the phenomenal scale of surveillance of the public’s phone, text, e-mail and social network communications, carried out by the NSA in joint collaboration with Britain’s GCHQ in Cheltenham. Matters arising now are the same issues that applied in 1992. Unlike the actual listening into telephone conversations, much of this surveillance focusses around metadata in the reading of e-mails and electronic texts but does not require ministerial permission and oversight.

The Scottish Government appears to accept the current democratic oversight may be insufficient. It suggests the scope of the practices used in surveillance may need to be reviewed in the event of Scotland becoming an independent country.

Some may say, however, that this is not good enough – arguing, that if the legislation needs to be reviewed then it should be done now: issues of public accountability, improved oversight and privacy apply regardless of Scotland’s constitutional future.

Privacy, of course, is one of the biggest issues of the day. Electronic and digital communications have opened up channels for people in a way that would have been hard to imagine just a generation ago. Undoubtedly, though, this has been achieved at a price. One of the biggest challenges facing our parliamentarians is to balance the needs of the police and security services with the personal liberties and rights of law-abiding citizens who are entitled to enjoy a private life. Of particular concern is the apparent comfortable relationship that has evolved between the authorities and some of the large telecommunication companies, many of whom are already under intense criticism for being condescending with their customers’ privacy.

Scotland’s Justice Secretary, Kenny MacAskill MSP, must accept that his task is not only facilitating Police Scotland in their fight against crime, but also involves protecting ordinary citizens in Scotland from undue and unwelcome scrutiny of their private lives by the authorities. Mr MacAskill has remained silent on this issue despite surveillance being a major issue in the current era. The Justice Secretary must speak up and demonstrate that he has this balance right.