HC Deb 21 February 1995 vol 255 cc158-9W
Mr. Bermingham

To ask the Secretary of State for the Home Department how many prosecutions have been undertaken in respect of the unlawful use of electronic monitoring equipment(a) within organisations or (b) against individuals in each of the last five years.

Mr. Maclean

Court proceedings data held centrally by my Department do not identify this type of information.

Mr. Bermingham

To ask the Secretary of State for the Home Department (1) what assessment he has made of the operation and enforcement of current legislation in relation to the unlawful use of electronic monitoring equipment;

(2) what are the legislative protections currently in place for employees in the workplace who may be subject to electronic surveillance without their prior authorisation or consent;

(3) what proposals he has for changes in legislation relating to the utilisation of electronic monitoring equipment in the workplace against employees of the organisation.

Mr. Nicholas Baker

A number of provisions may be relevant to the use of electronic monitoring equipment. These include the Interception of Telecommunications Act 1985, the Data Protection Act 1984 and the Wireless Telegraphy Act 1949. The Government are considering what, if any, changes may be needed to the law as it relates to privacy in the light of the report on privacy and media intrusion by the National Heritage Select Committee and of the report of Sir David Calcutt's review of press self-regulation.

Mr. Bermingham

To ask the Secretary of State for the Home Department what proposals there are within the European Community to combat the unlawful use of electronic monitoring equipment within organisations or against individuals; and if he will make a statement.

Mr. Nicholas Baker

I am aware of no specific proposals for the regulation of electronic monitoring equipment.

Mr. Bermingham

To ask the Secretary of State for the Home Department (1) what steps he is taking to proscribe the services of those companies who operate private surveillance facilities which may be made available to other organisations and individuals without reference to the subjects involved;

(2) what complaints he has received about the operation and practices of any company providing electronic surveillance services to commercial organisations; what steps he is taking to ensure that these practices are wholly lawful; and if he will make a statement.

Mr. Maclean

We have received a number of complaints about advertising material produced by organisations offering information-gathering services, which may include electronic surveillance. A recent amendment to the Data Protection Act 1984 makes it an offence for a person to procure the disclosure of personal data in breach of the 1984 Act, and to offer for sale the data so procured. We are looking again at policies on the whole of the private security industry, and we await with interest the outcome of the Home Affairs Select Committee's inquiry into the industry.

Mr. Bermingham

To ask the Secretary of State for the Home Department if an investigation has been ordered into the circumstances surrounding recent allegations of the electronic bugging of office premises occupied by Mr. Michael Moore in his former employment as advertising director of Express Newspapers; and if he will make a statement.

Mr. Nicholas Baker

My right hon. and learned Friend has ordered no such investigation.