David

Surveillance cameras in the favelas…

Well, my fears have it seems, been vindicated already. Earlier this year, as part of my case-study on surveillance in Brazil, I visited the community of Santa Marta, a favela (informal settlement) in Rio de Janeiro. Santa Marta is interesting because of the amount of investment and effort that has been expended in occupying, pacifying and developing the place, by the new gubernatorial administration of Eduardo Paes, who has simultaneously cancelled Favela Bairro, the widely praised and more extensive favela development programs of his predecessor, Cesar Maia.

Leading the new Community Police efforts in Santa Marta was Capitao Pricilla, an indomitable and well-liked young female officer of the Military Police, one of several rising female officers with a new approach, and we heard from residents how trust was being rebuilt between police and community because of her. At the same time, there were storm clouds on the horizon as the city administration was insistent on cracking down still further with its policies of choque de ordem (the shock of order), which involved harassing illegal street vendors from the favelas, and demolishing illegally-built buildings, and also building walls along the edges of some favelas. The word ‘ghetto’ was mentioned on more than one occasion by our interviewees and in more casual conversations.

Now, just last month, the Military Police have decided to install seven CCTV cameras in Santa Marta, in different areas of the community. This has prompted complaints of invasion of privacy, an there have already, my sources report, been protests about this in he favela, but it seems that this is coming from further up the chain of command than Capitao Pricilla and the community police. She isn’t mentioned at all by the article in O Globo, despite being a bit of a PR star, and instead the justification for the cameras is given by one Coronel José Carvalho, who also stated that there are plans to put cameras into the other two areas currently being targeted for development, the famous Cidade de Deus, and the much less well-known and more distant favela of Batan. This also contradicts what I was being told by the Commnder of the police central CCTV control room we visited, which is quoted as being one of the places where the cameras will be monitored. What is interesting is the cameras seem to be being treated by police almost as a tool of urban warfare: a Major Orderlei Santos talks about their experimental use for determine the deployment of officers in the favela.

Could the old macho, male, approach to policing as a war on the poor be trumping the new trust being developed by community policing? I hope not, but everything points that way.

(thanks once again to Paola and David for keeping me in touch…)

UK opposition plans to roll back ‘the surveillance state’

The Conservative Party Shadow Justice Minister, Dominic Grieve has launched a brief report outlining the opposition’s plans to introduce a new attitude to surveillance in the UK, and reverse many of the current Labour government’s policies. And it is mostly good, insofar as it goes. But, it is where it doesn’t go that is the problem.

The main measures include things we already knew, like a pledge to scrap the National Identity Register (NIR) and ID card scheme, and proposals to limit the proliferation of central databases and control the National DNA Database (NDNAD). However the Tories also want to abolish the Contact Point children’s database, restrict Local Government’s rights under the Regulation of Investigatory Powers Act (RIPA), strengthen the powers and functions of the Information Commissioner’s Office (ICO) and require mandatory Privacy Impact Assessment (PIA) for all new legislation or other state proposals.

So far so good – and these are all things I have proposed myself at various times – but there are also some very weak or pointless elements. First of all, the attitude to the private sector is predictably laissez-faire. Though the report includes a long list of the data losses that plagued the Labour government over the last few years, they fail to note how many of them involved private sector contractors or partners. And their only real mention of the private sector is to suggest that the ICO consults with industry on ‘guidelines’ and the possibility of introducing a ‘kitemark’ (a kind of stamp of approval). These are both pretty much worthless and tokenistic efforts. The Tories, as much as Labour, fail to appreciate that contemporary threats to privacy come as much from the private sector as the public. Unfortunately recognising and dealing with this would require a rather more robust attitude to private business than either of the UK’s two main parties are prepared to muster right now. This, I guess, is the reason why the Tories talk about ‘the surveillance state’ as opposed to ‘the surveillance society’ (the term used by ourselves and the ICO).

Secondly, there is no proposal to do anything to control or roll-back the most obvious and intrusive aspect of the UK’s surveillance society, the vast number of CCTV cameras and systems operated by everyone from the police down to housing associations and schools. In fact there is not a single mention of CCTV or public space surveillance in the report. Rather than missing an elephant in the room, this is more like failing to notice a whale in your bathtub…

Finally, there is the suggestion to introduce a right to privacy as part of a ‘British Bill of Rights’. Certainly what privacy means in British law needs to be clarified and strengthened, but actually this could be done through amending the existing Human Rights Act to make it better reflect the European Court’s already published views on the interpretation of Article 8 of the European Directive. Unfortunately, the Tories are stupidly ideologically opposed to doing anything to strengthen the HRA, and in fact their proposed ‘British Bill of Rights’ is a rag-bag collection of populist proposals that will instead replace the most progressive change to British law for some decades.

Finally, there is no mention of any changes to the pernicious Terrorism Act or Counter-Terrorism Act, that have further undermined the presumption of innocence and other longstanding foundations of British citizenship. There’s no mention of previous legislation that restricted traditional freedoms like the Criminal Justice and Public Order Act. In fact, there’s every reason to believe that the Conservative Party will be just as willing to clamp down on such freedoms in the name of the war on terror, or crime, or anti-social behaviour as the Labour Party, and no reason to suppose that they deal honestly with the underlying issues – which would mean, of course, telling people things that they don’t want to hear.

The full report can be found here.

Surveillance in Science Fiction

There have been waves of interest in surveillance in fiction, and we are going through another one now, and not just in SF – I am currently writing a piece now on surveillance in post-9/11 fiction (which includes Doctorow, Stross, Macleod and other SF writers), and a discussion of this recently started on a listserv. I posted a quick message, which I will reprint here, as the first part of a catalogue of relevant novels in the genre.

Here’s my incomplete list of essentials in surveillance SF in roughly chronological order, which will be added to in future. The problem here is that SF abounds with dystopias of social control, and separating out the ones which say something interesting about surveillance is difficult…

Yevgeny Zamyatin – We which is pretty much the basis for George Lucas’s film THX-1138, so far as I can see, although it is not acknowledged. It was also read by Orwell, although for a long time he claimed not to have read it!
Aldous Huxley – Brave New World. Seems far more pertinent than Orwell in many ways, especially in terms of how control is best achieved by giving people what they want…
George Orwell – Nineteen Eighty-Four is of course as chilling and brilliantly-written as ever…
Philip K. Dick – A Scanner Darkly (and indeed most of PKD’s fiction – he is perhaps the best writer ever on paranoia and surveillance from the pulp of Eye in the Sky to more developed works like Ubik – I have a piece out this year in the Review of International American Studies on Dick and surveillance)
Bob Shaw – Other Days, Other Eyes – a superbly poetic technology called ‘slow glass’ forms the basis of this fix-up novel (made from three short stories with a cliched plot spun around it – the original stories are better and more suggestive)
John Brunner – Not just the proto-cyberpunk, The Shockwave Rider, it’s very worth reading the other three of his amazing four dystopic novels of the early 70s Stand on Zanzibar, The Jagged Orbit and The Sheep Look Up
David Brin – Earth. A quite frankly ludicrous pulp plot and Brin can’t write dialogue or characters, but a lot of great surveillance stuff in it that forms the background to his non-fiction, Transparent Society – his other novels have a similar interest in surveillance, if you can put up with his writing!
Paul J. McAuley – Whole Wide World – so far as I know, still the only SF novel to engage successfully with the UK’s CCTV system. It is also beautifully written and a cracking crime novel too. He is perhaps Britain’s most underrated writer… I have a partly-piece written about this, which I have never published!
Arthur C. Clarke and Stephen Baxter – The Light of Other Days. Clarke’s idea written up by the much younger Baxter, this steals a short-story title from Bob Shaw and much of the plot from Isaac Asimov (see below), but then takes it a bit further. Still utter pulp though…
Charles Stross – Glasshouse. This is set on what is supposedly a ‘panoptic’ prison in space, except it turns out it isn’t as panoptic as it is supposed to be…
Cory Doctorow – Little Brother. A teen novel, but the only deliberately written fictional manual for resistance to contemporary surveillance.

Surveillance is also pretty much omnipresent in cyberpunk novels (Gibson, Sterling et al.) but it is not really foregrounded in any of them, although one could mention Islands in the Net by Bruce Sterling as being a good example.

It’s also worth remembering that SF is and has been since the 1930s, a genre that is based primarily in the short-story, not the novel, and there are hundreds of interesting short stories on this theme, of hugely varying quality. Some are classics, like Isaac Asimov’s ‘The Dead Past’ or Bob Shaw’s ‘The Light of Other Days’ (see above – there is an interesting sub-genre of works in which surveillance tech emerges out of efforts to see into the past) or Frederik Pohl’s The Tunnel Under the World’ or Damon Knight’s ‘I See You.’

UN Human Rights Committee Finds Discrimination in Racial Profiling

I received the following message from James A. Goldston, Executive Director of the Open Society Justice Initiative, on a very important finding on racial profiling by the UN Human Rights Committee. I reprint he message in full, as it speaks for itself.

On July 30, 2009, the United Nations Human Rights Committee became the first international tribunal to declare that police identity checks that are motivated by race or ethnicity run counter to the international human right to non-discrimination. The committee issued its views concerning the Rosalind Williams v. Spain communication, originally filed by the Justice Initiative and Women’s Link Worldwide in 2006.

Williams’ case began 17 years ago, when she, a naturalized Spanish citizen, was stopped by a National Police officer in the Valladolid, Spain rail station. Of all the people on the train platform, she was the only one to be stopped and asked for her identity documents. She was also the only black person on the platform. Williams soon launched a legal challenge to the identity check, claiming she was targeted because of her race. In 2001, the Spanish Constitutional Tribunal approved the practice of relying on specific physical or racial characteristics as “reasonable indicators of the non-national origin of the person who possesses them,” arguing that racial criteria are “merely indicative of the greater probability that the interested party not Spanish.” The court’s endorsement lent legitimacy to a pervasive discriminatory policy of ethnic profiling that had for years been widely documented by human rights monitoring bodies.

In finding a violation of the International Covenant on Civil and Political Rights the UN Human Rights Committee concluded that while identity checks might be permitted for protecting public safety, the prevention of crime, or to control illegal immigration, “the physical or ethnic characteristics of the persons targeted should not be considered as indicative of their possibly illegal situation in the country. Nor should identity checks be carried out so that only people with certain physical characteristics or ethnic backgrounds are targeted. This would not only adversely affect the dignity of those affected, but also contribute to the spread of xenophobic attitudes among the general population; it would also be inconsistent with an effective policy to combat racial discrimination.”

The committee found that while there was no written policy to conduct police identity checks on the basis of skin color, “…it does appear that the police officer did act according to such a criterion — something that was justified by the courts that heard the case. The responsibility of the State party is clearly compromised.”

“… the Committee can only conclude that the petitioner was singled out only because of her racial characteristics, and this was the decisive factor for suspecting unlawful conduct. The Committee recalls its jurisprudence that not all differential treatment constitutes discrimination if the criteria for differentiation are reasonable and objective and if the goal is legitimate under the Covenant. In this case, the Committee finds that the criteria of reasonableness and objectivity were not met.”

The implications of the UN Human Rights Committee’s judgment extend far beyond Spain, where ethnicity-based police stops are still a common practice, to wider Europe, where years of monitoring have revealed a persistent and damaging pattern of ethnic profiling of minorities and immigrants in police stops and searches without explanation and without clear or effective purpose. The Justice Initiative has documented the prevalence and harms of this impermissible practice in reports such as “I Can Stop and Search Whoever I Want” — Police Stops of Ethnic Minorities in Bulgaria, Hungary and Spain and Ethnic Profiling in the European Union: Pervasive, Ineffective, and Discriminatory!, and has long advocated for operational, policy, and legal reforms before national and regional actors.

Although previous regional human rights tribunals have touched upon the issue of ethnic profiling — most notably the European Court of Human Rights in its 2005 Timishev v. Russia judgment, which held that the applicant had been unjustifiably subjected to differential treatment in relation to his right to liberty of movement “solely” due to his ethnic origin — Williams v. Spain is the first case to explicitly challenge ethnic profiling as a practice, and the UN Human Rights Committee the first international tribunal to issue a ruling prohibiting race- and ethnicity-based police stops.

Following this landmark judgment, the Justice Initiative will continue to work with government representatives and law enforcement agencies in Spain and other EU Member States, as well as with EU institutions in Brussels, to make sure that the policy and practice changes in line with the principles established by the UN Human Rights Committee are adopted and implemented.

Click here for further information on the Justice Initiative’s work challenging ethnic profiling.

UK ID cards to be abolished?

(Ironically, my last post in the UK, a couple of weeks ago was about Canada, and my first here in Canada will be about the UK…)

The Guardian newspaper’s headline today seems to indicate that the UK government is considering scrapping the controversial National Identity Register and card program, along with the Trident nuclear submarine upgrade. This is based on a speech that the increasingly influential Chancellor of the Exchequer, Peter Mandelson, gave to the centrist Progress think-tank. However, reading the whole article, it is much less clear that any such radical move will take place. Mandelson hedges his bets and says when asked about cost savings from the mooted cancellations:

“I have seen some rather different figures relating to the savings that would arise from cancelling those projects which don’t make the contributions that some people imagine.”

But at the same time, he said “it would be foolish to rule out anything.”

He’s right in many ways. Contracts have been signed. Money has been committed and legal costs could be very high if the government tries to wiggle out of those contracts now. As David Lyon’s new book on ID makes it very clear, ID cards schemes are a global industry with powerful corporate forces involved.

In any case, the real reason the scheme should be scrapped or significantly reduced in ambition, is because it is based on flawed premises and is massively intrusive and controlling. The fact that it also costs a ridiculous amount of money (and will of course, escalate in costs still further, as every state computer project inevitably does), is simply a contingent factor.

Facebook forced to grow up by Canadians

Wel, Facebook has finally been forced to grow up and develop a sensible approach to personal data. Previously, as I have documented elsewhere, the US-based social networking site had pretty much assumed ownership of all personal data in perpetuity. However it has now promised to develop new privacy and consent rules and ways of allowing site users to chose which data they will allow to be shared with third parties.

So why the sudden change of heart? Well, it’s all down to those pesky Canucks. Yes, where the USA couldn’t bothered and where the EU didn’t even try, the Canadian Privacy Commissioner, Jennifer Stoddart, had declared Facebook to be in violation of Canada’s privacy laws. And it turns out that in complying it was just easier for Facebook to make wholesale changes for all customers rather than trying to apply different rules to different jurisdictions.

This suggests an interesting new phenomenon. Instead of transnational corporations being able to always seek out a country with the lowest standards as a basis for compliance on issues like privacy and data protection, a nation with higher standards and an activist regulator has shown itself able to force such a company to adjust its global operations to its much higher standard. This is good news for net users worldwide.

However, we shouldn’t rejoice too much: as Google and Yahoo have shown in the case of China, in the absense of any meaningful internal ethical standards, a big enough market can still impose distinct and separate policies that are far more harmful to the interests of individual users in those nations.

Moving on

I’ve just got back from a very productive research trip to Japan and it’s only a couple of days to go until I leave again, this time permanently, which means I should at last say something about my new job. It also means I won’t be posting here much over the next week.

From September 1st, I will be Canada Research Chair (Tier 2) Associate Professor of Surveillance Studies in the Department of Sociology at Queen’s University in Kingston, Ontario, Canada. My new boss will be a longtime colleague and one of the people I admire most in the world of surveillance studies, David Lyon.

It’s a big move and probably, for both personal and professional reasons, the last big move I will make. I have been in various parts of Newcastle University in the UK since my Masters back in 1996-7. I originally moved to the School of Architecture, Planning and Landscape (APL) to work with the brilliant Professor Steve Graham who was running the innovative Centre for Urban Technology (CUT). I didn’t realise then that CUT was already on the verge of disappearing and was soon merged into the new, larger Global Urban Research Unit (GURU), and that Steve would leave to take up a Chair in Human Geography at Durham. However, that did mean that, having finished my postdoc, I could take over his teaching, which eventually led to a permanent lectureship. I’d wanted to move to Canada for a while though, and having got married to Kayo (that’s where the ‘Murakami’ comes from…), who also wanted the same things, we started looking and waiting for the right opportunities. It’s a bit odd leaving just after I’ve got the promotion I’d wanted, but you have to take the opportunities when they arise. It’s no judgement on Newcastle as a university or as a city (there isn’t a better one in England), but a life decision. My time at Newcastle has been great and there’s a number of people from the University I would like to thank in person and in public here:

Phillip Lowe from the Centre for Rural Economy, and Neil Ward (now Dean of Social Sciences at UEA) for giving me a break right at the start;

Rachel Woodward, previously of CRE and now in Geography, who was the perfect PhD supervisor;

Ella Ritchie from Politics, who gave me a job when I needed one in what was then the Department of Politics;

Steve Graham for mentoring me through a difficult period;

Geoff Vigar for being a great friend and latterly also, a most supportive Director of GURU;

and all the friends and colleagues in GURU, APL, and beyond, with whom I’ve shared both good times and intellectual stimulation over the years, in particular Alex Aurigi (who’ll soon be the new Head of the School of Architecture and Design at Plymouth), Andrew Ballantyne, Carlos Calderon, Stuart Cameron, Jon Coaffee (just appointed Chair of Spatial Planning at Birmingham!), Nathaniel Coleman, Lorna Dargan (now in the Careers Service), Anne Fry, David Haney, Jean Hillier, Marian Kyte, Rose Gilroy, Sara Gonzalez (now at Leeds Geography), Zan Gunn, Claire Haggett (now at Edinburgh Geography), Patsy Healey, Peter Kellett, Andy Law, Kim McCartney (the best administrator it has ever been my pleasure to work with), Ali Madanipour, Abid Mehmood, Frank Moulaert (now in Leuven), John Pendlebury, Neil Powe, Maggie Roe, Tim Shaw (now retired), Mark Shucksmith (OBE!), both Suzanne and Lucy Speak, Bill Tavernor, Ian Thompson, Graham Tipple, Tim Townshend, Bernadette Williams and Ken Willis. There’s others who I never got to know as well as I would have liked to have got to know better but there just hasn’t been the time – in particular, both Paolas, Martyn, and Armelle and Daniel. And apologies if there’s anyone else I’ve missed.

Finally, and most importantly of all, I’d like to thank our best friends and future godparents to our baby boy who’s due in December: Andrew Donaldson and Jane Midgley. Andrew, in particular, has been the person with whom I have probably shared most since we shared an office during our PhDs, and is in no small part responsible for any intellectual and personal progress I’ve made since that time.

Kabukicho Renaissance?

Kabukicho is a place that is hard to love. A seedy, crime-infested dive full of ‘massage parlours’, ‘aesthetic salons’, ‘image bars’ and other thinly-disguised forms of brothel. Tokyo has had red-light disticts since the Edo period, of course, and the Yoshiwara was only the most famous. Shinjuku was always one of them, and since the failure of the threatre initiative that gave the neighbourhood its name, Kabukicho has been the best known. Kabukicho is interesting though for many reasons. It had a radical political and cultural history in the 60s and 70s. It was the epicentre of changes that occurred in organised crime in the 80s and 90s, with Chinese gangs replacing the Yakuza as the biggest ‘threat’. And it is now the centre of efforts by the Shinjuku authorities to clean up its image, with the Kabukicho Renaissance policy, and the new Town Manager, and by Tokyo police to crack down on illegal immigration.

Controlling the outsiders

One of the most interesting meetings we had in our last week here in Japan was with two representatives from the Japan Civil Liberties Union (JCLU) and the association to defend the rights of foreign migrant workers. One thing that has always been clear to me from being a gaikokujin (or more casually, just gaijin – foreigner) in Japan is how distinct is this status. I’m a white, western European and therefore at the top of the list of acceptability in foreigners in Japan, but even so I’ve had some interesting experiences, including having two police squad cars and 5 officers deal with the matter of my ‘suspicious’ bicycle (an experience that practically all resident foreigners have had at one time or another), and just the other day I was stopped at the train station by two plain-clothes police officers, who started off quite strong, but then backed down and started mumbling apologies about ‘looking for someone’ when they realised my (Japanese) wife was just behind me. It was pretty obvious that they were conducting an immigration sweep – i.e. just stopping anyone who ‘looked foreign’ to check their immigration status.

This gave me just a tiny taste of what life can be like here for those whose immigration status is problematic. And, as the campaigners told us, this is an increasing number of people who have come to Japan because of the wealth and opportunities and because, whisper it, Japan needs immigrants. Like so many advanced industrial nations, Japan is a hyper-ageing society, with an increasingly unbalanced population pyramid. There are not enough working age Japanese people to support the increasing number of retirees, and government schemes to encourage people to have more children simply haven’t worked. The problem is that successive Japanese governments have refused to recognise the implications. The rules now make provision for ‘skilled’ immigrants, but not for those who are ‘unskilled’ and it is actually those in this latter category that Japan needs. In practice this is demonstrated by the increasing numbers of foreign delivery and construction workers in Tokyo as well as those working in the shadier areas of the ‘night economy’ – doormen, bar staff, masseurs, prostitutes etc.. The same politicians who deny the need for immigrants are probably having their personal ‘needs’ serviced by Filipino or Vietnamese women and this hypocrisy colours all the mainstream political debate about the place of foreigners in Japan, especially in Tokyo where Mayor Ishihara has never disguised his nationalist views in this area.

So, whilst the politicians refuse to deal with reality, the police are enforcing the law as it is. We have spent some time, whilst we are here (and I have gathered data on previous visits) in the night city of Kabukicho in Shinjuku. This time I was taken out to bars in the old post-war neighbourhood of Golden Gai by Professor Tonoma, who formerly led both Shinjuku-ku and Tokyo city planning bodies, and we also talked to Shinjuku community safety officers, and to the Kabukicho Town Manager, who runs the day-to-day operations of the body trying to improve Kabukicho’s image, Kabukicho Renaissance.

Kabukicho of course is famous as the first place that the Tokyo police installed CCTV, ostensibly to deal with Chinese gangs, but according to what we learned from these visits and from talking to the campaigners, as crime has declined (as it has nationally – it’s probably nothing to do with the cameras), the cameras and intensive policing (raids etc.) have been used largely to curb illegal migrant workers. And the authorities seem to make no distinction between the gangsters and the mainly South-east Asian women who work in the bars and massage parlours. They are all visa-overstayers. There is no attempt to treat the women as people in need of help and support at all. Of course this all inflates the crime figures and makes it easy to paint what the police always term ‘foreign crime’ (whatever the exact nature or seriousness of the crime) as a growing threat, as it becomes proportionally a larger part of shrinking crime rates (which were already low by global standards to begin with).

Now there is a new threat to this already massively targeted population. The inclusion of foreigners on the jyuminhyo (residents’ registry), combined with the digitisation and networking of this registry through juki-net, means that the authorities will be able to correlate residency and immigration status much more easily – the residency information for foreigners will be linked to the Houmusho (Ministry of Justice), which has entry records, and now fingerprints and facial photos too, following post-9/11 reforms. Of course, resident skilled foreigners wanted to be in the residents’ registry. They argued that not being on it was itself a form of discrimination and meant further difficulties in terms of things like buying property. However the inclusion of foreigners now opens up new forms of discriminatory practice against those who are already the most disadvantaged in Japanese society, the kinds of foreigners who more high-status ‘official’ foreigners do not generally recognise as kin to them at all.

Japan’s surveillance society, like most, is therefore a profoundly uneven one. Every society has its Others, and surveillance is deployed both to distinguish those Others and to control them. In each of the cities I have been studying the Others are different populations. In London, the Others are (at the moment) the resident Muslim community (or more particularly, ‘radicalised’ young Muslims). Here the surveillance combines repression and ‘caring’ programs to bring the disaffected back into the mainstream. In Rio de Janeiro, the Others are the urban poor, the favelados. They are largely simply excluded – walls protect the rich in their homes, and now walls are being built around the poor communities. In Tokyo, the Others are foreigners, but there are gradations of Otherness, and effectively still aping the western ‘scientific racism’ that it acquired during the Meiji period modernisation at the end of the nineteenth century, Japan’s Others are poor Blacks and Asians (for many on the right here, the Japanese are not ‘Asian’ at all, but something unique). Just as the British state is struggling with the legacy of its particular colonial and post-colonial approach to immigration, and the Brazilian state with a history of years of differentiated citizenship, the Japanese state has still not yet really come to terms with the prospect of the mixing of people at all.

We are all libertarians now?

A rather telling little piece on The Guardian‘s ‘Comment is Free’ site today by UK Labour MP, Diane Abbot. First she takes a cheap shot at the Conservative shadow-cabinet minister, Damien Green, for having been successful in getting his details removed from the UK police National DNA Database (NDNAD). She then says that, well, she is doing much more to help by holding clinics for her young, black, constituents to help them with their complaints against the NDNAD. This is excellent, of course.

However two things spring to mind immediately. Firstly, is this Diane Abbot the same New Labour loyalist who voted in favour of the original bill to set up the NDNAD and made no attempt to amend it to prevent the kind of racially-biased abuses of which she is no complaining? I think it is. And now, why is she not also condemning the former Home Secretary, Jacqui Smith’s rather pathetic and weaselly response the judgement of the European Court that condemned the NDNAD, which was essentially to try to avoid doing anything fundamental at all?

This is not an issue on which anyone in New Labour can really make any political capital unless they take a rather stronger moral stance. Basically, and in addition to the stance that there should be no state retention of DNA data at all, there are only two ‘fair’ ways to maintain a police DNA database, and those are to keep the DNA of the guilty, or to keep the DNA of everyone. Which you prefer depends largely on your attitude to surveillance and your trust in the accountability of the state, but politicians like Abbot are hedging and avoiding making any serious attempt to put pressure on their own government to reform the law we have.