Privy Council Review of intercept as evidence: report - Official ...
Privy Council Review of intercept as evidence: report - Official ...
Privy Council Review of intercept as evidence: report - Official ...
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written submissions received. It also builds upon the extensive work<br />
conducted by the previous reviews, and in particular on the large corpus <strong>of</strong><br />
legal advice obtained by those reviews. In addition, we have also obtained<br />
independent legal advice on those models we considered still to be viable, <strong>as</strong><br />
set out in Chapter VIII. A number <strong>of</strong> bodies outside Government have also<br />
recently produced <strong>report</strong>s on this issue, which have been <strong>of</strong> considerable<br />
interest and help to this <strong>Review</strong>. 1<br />
12. We recognise the serious, creative efforts made over the years, to find<br />
a solution, so far without success. It h<strong>as</strong> not been a c<strong>as</strong>e <strong>of</strong> rigid, unthinking<br />
resistance to change. However, <strong>as</strong> the issue h<strong>as</strong> been debated at great<br />
length over so many years, most <strong>of</strong> those engaged in the debate have arrived<br />
at firm, but opposing, conclusions already. Our approach h<strong>as</strong> been to re-open<br />
the arguments, where possible with participants from both standpoints, and<br />
review from scratch both the <strong>as</strong>sertions, and the analyses, made on both<br />
sides.<br />
13. Since one <strong>of</strong> the most telling arguments in favour <strong>of</strong> change is the<br />
positive experience <strong>of</strong> so many other countries, we have devoted much time<br />
to reviewing what actually happens in a selection <strong>of</strong> other countries. We have<br />
visited, received submissions from or met individuals from twelve different<br />
countries. We have considered carefully the degree to which their<br />
experiences can inform the UK approach.<br />
14. The telecommunications industry is evolving very rapidly, and<br />
<strong>intercept</strong>ion h<strong>as</strong> to react to that. We have therefore also considered at some<br />
length the particularly complex implications <strong>of</strong> the new technology, and its<br />
potential impact on the benefits, costs and risks <strong>of</strong> any <strong>intercept</strong> <strong>as</strong> <strong>evidence</strong><br />
regime.<br />
1 See Bibliography at Annex D<br />
Chapter I<br />
7