Privacy International’s submission to the secret Government consultation on the draft Technical Capability Regulations

The draft Regulations on technical capability are a reflection of the breadth of powers now enshrined in the Investigatory Powers Act. The draft Regulations summarise and emphasise the extremely intrusive and potentially harmful nature of those powers. The UK government is now asking telecommunications and internet service providers to undermine the security of all of our communications and computers by, among other things, requiring the removal of encryption and forcing cooperation with government hacking.

The lack of public consultation regarding these draft Regulations is also troubling, as the Regulations themselves reveal little that could be considered sensitive or was not already revealed during debate surrounding the Investigatory Powers Bill. There seems to be no reason, therefore, to limit their distribution, especially when they are clearly of such public concern. But that secrecy will only be replicated once these powers are put to use by the UK government, as the telecommunications operators will be prohibited from telling their users, or anyone else, that they are subject to government orders to undermine our security.

By limiting the distribution of these draft Regulations, when they are of such public concern, Government undermines its claim that the Investigatory Powers Act provides world-leading oversight and transparency.

Privacy International’s Response to the Consultation on Technical Capability Regulations is available here.