Policing and Crime Bill — House of Lords, 2016-11-16
Topic: Law and Crime
Dafydd Wynne Wigley (Plaid Cymru, Centre-left to left): My Lords, I will speak also to Amendments 231 and 231A in this group; all are also in the names of the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Howe. The amendments address issues related to digital crime review, surveillance and monitoring offences, and digital crime training and education. I am grateful to Harry Fletcher of the Digital-Trust for his assistance in drafting these amendments. First, they consolidate the numerous statutes that have been enacted over the last 30 years, a period that covers the huge expansion of illegal digital activity. Secondly, they aim to update the law to address the most recent online behaviour. Thirdly, they attempt to ensure that police officers are properly trained in respect of digital crime The growth in online crime has been truly immense. Two years ago the head of the College of Policing said on Radio 4 that half of all crime reported to front-line officers had a digital element. By now, it represents a majority of crime. More than 30 separate Acts of Parliament cover various aspects of this category of crime, from the Offences Against the Person Act 1861 to the Data Retention and Investigatory Powers Act 2014. Inevitably, such a plethora of law lacks clarity and is confusing for the police in undertaking their responsibilities The Computer Misuse Act 1990 was originally intended to deal with hacking, unauthorised access, stealing data and circulating viruses. Yet between 1990 and 2006 there was on average just one conviction per month. Parliamentary Answers show that between 2007 and 2013 there was a slight improvement—the number of guilty outcomes increased to 1.5 each month across England and Wales. My amendments would place a duty on the Secretary of State to review and consolidate the existing legislation. In doing so, the Minister would of course consult the police and other relevant bodies Many online activities may not be covered by current statutes, however. The amendments clarify the situation. For example, use of a digital device to repeatedly locate, listen to or watch a person without legitimate purpose becomes a specified offence. Similarly, installing spyware without the user’s agreement would be an offence, as would taking multiple images of a person, unless it is in the public interest In a very timely report, published on 3 November, Her Majesty’s Inspectorate of Constabulary warned that some forces risk being overwhelmed by the volume of digital evidence being collected. It said that there was a significant shortfall in digital skills in the police and unacceptable delays in fulfilling basic tasks such as getting data off mobile phones. It also noted that some forces were not capable of dealing with the amount of digital evidence being gathered, especially in cases such as harassment, sexting and serious domestic abuse. This is a worrying state of affairs and supports the urgent need for comprehensive digital training for all police officers I now turn to the extent and type of digital crime. According to the Digital-Trust, digital abuse is rising steeply as a result of five identifiable factors. First, there is the increased use of technology at work and for social interaction and entertainment. Secondly, ever-increasing technological complexity results in increased risks. Thirdly, technology has become too intricate for victims to recognise the threats and know how to respond. Fourthly, surveillance technology has been consumerised and is available to abusers. Finally, the volume and speed of change makes it difficult for individuals, organisations and, indeed, the criminal justice system to react in a timely fashion Many types of behaviour are seen in digital abuse, including, first, unwanted communications by phone, text, emails, electronic messaging and social media; secondly, intimidation, including the posting of threats of physical violence and humiliating victims by posting explicit photographs; thirdly, grooming, using online information to groom a victim financially or sexually; and fourthly, surveillance, illegally accessing accounts or using computer technology to monitor movements, conversations and contacts. The phenomenal growth of online crime threatens to overwhelm those who may be expected to move against the perpetrators. There is a pressing need to step up action, and the authorities need the law to facilitate and support the initiatives which are now urgently needed. I beg to move.