Coronavirus lockdown causing ‘creeping’ expansion of intrusive surveillance tactics, campaigners warn

Exclusive: Use of drones, ANPR and telecommunications data expanding as normal checks and balances ‘shut down’

Coronavirus is causing the “creeping” expansion of intrusive surveillance techniques, campaigners have warned.

Police have used drones and automatic number-plate recognition (ANPR) to spot people suspected of violating the UK lockdown, while telecommunication firms are “in discussions” about sharing user data with the government.

A proposed NHS contact tracing app has sparked human rights concerns over the potential for mass location tracking.

The Liberty human rights group called for authorities to focus on facilitating voluntary compliance with restrictions, “rather than ramping up coercive and oppressive tactics”.

“We will make it through this crisis but we must do so with our rights intact,” advocacy director Clare Collier told The Independent.

“The police have been handed sweeping powers in response to the coronavirus outbreak, and the expansion of intrusive surveillance is troubling.

“Overzealous policing will undermine public trust in the authorities, which is vital for protecting public health. Meanwhile, the normalisation of surveillance and the concerning techniques we have seen in recent weeks could have impacts which last far beyond this pandemic.”

Several police forces have used drones to enforce the lockdown, with Derbyshire Constabulary sparking controversy by filming walkers who appeared to be complying with social distancing guidelines.

Surrey and Sussex Police are using drones that approach groups suspected of violating restrictions and issuing a message ordering them to go home.

The Civil Aviation Authority (CAA) relaxed the rules for police drones in March, allowing them to be flown closer to people in order to “support the police response while enforcing the government restrictions resulting from the Covid-19 pandemic”.

ANPR and number plate checks on the Police National Computer are also being used by some forces to spot vehicles from other regions.

A police officer in Plymouth tweeted that they were “equipped with the ANPR car to patrol and enforce the arterial routes through the city” over Easter, adding: “Any holidaymakers or out-of-force[-area] registered vehicles can expect a convo about essential travel.”

New coronavirus laws do not define “essential travel” or make journeys over a specific length illegal, and differences between the law and government guidance have sparked concern that police are misapplying their new powers.

Campaigners at Big Brother Watch said that civil society organisations had been “shut out” of discussions on tactics during the ongoing public health crisis.

Director Silkie Carlo told The Independent ANPR was already “under-regulated” and was “ripe to be used disproportionately in this situation”.

“The idea of using drones for surveillance has fallen between the cracks of law and regulation of some time,” she added.

“In the present circumstances, parts of the policing and surveillance toolkit are ripe for overuse and misapplication … the surveillance system was already creeping.”

Ms Carlo warned of a “huge transparency and accountability gap” during the lockdown, adding: “The means of accountability we would normally use have basically been shut down”.

Several police forces have temporarily shuttered freedom of information (FoI) departments so staff can be redeployed, while those still operating – including the Home Office – are warning of indefinite delays because of coronavirus.

Ms Carlo said that while she understood departments would not be operating at their normal capacity, FoI requests were “critical to making sure the policing response to this crisis are being done in the best possible way”.

ANPR is governed by a 2013 code of practice, which says usage must be transparent and “necessary to meet an identified pressing need”.

The Surveillance Camera Commissioner’s Office told The Independent that police should be “completing our self-assessment tool to help them evidence that they are compliant”.

Chief Constable Charlie Hall, the National Police Chiefs’ Council lead for ANPR, said: “Police forces recognise that ANPR use should be for a policing purpose and must be balanced against the need to ensure it is being used proportionately and transparently, and are aware of the requirements set out in legislation and national standards.”

A spokesperson for Devon and Cornwall Police said ANPR was routinely used “to check the provenance of vehicles coming into the force area” including registration details, insurance, and involvement in crime.

“Under the Health Protection Regulations 2020, ANPR-equipped police vehicles have proved useful to inform officers’ decisions about which vehicles may need to be stopped … to consider whether their journey is reasonable,” a statement added.

On Friday, officials announced that an NHS app that automates contract tracing will be launched “in the coming weeks”.

It would create an anonymous log of users’ proximity to other people, who will be sent a mass alert if someone becomes ill.

Members of parliament’s Joint Committee on Human Rights raised concerns over the app last week, questioning whether new laws would be needed to protect privacy.

The Information Commissioner’s Office has issued advice on the app, which it said would require a “high level of transparency” and oversight.

It found that Google and Apple’s joint work on the technology – which allows smartphones to track nearby devices using Bluetooth – “appears to broadly align with the principles of data protection”.

Separately, BT said it was giving the government “a limited amount of aggregated, anonymised data that show generalised patterns in the movement of people to assist with policy planning”.

“As always, we are strictly mindful of the privacy of our customers, whilst making sure we do everything that might help the medical authorities in the fight against coronavirus,” a spokesperson added.

Asked whether it would provide 4G data to enable location monitoring, a Three spokesperson said the company was “in discussions with the government on how best we can assist”.

Vodafone said it would be willing to provide anonymised data to the government, as it has in Italy, but had not been asked.

A government spokesperson said: “The government, the NHS and other public health authorities receive data from a range of sources, which can help to assess the effectiveness of measures against coronavirus, all designed to protect the health service and save lives.

“The information received is in compliance with GDPR regulations.”