Slowly but surely Russian connections between the UK Brexit referendum campaign and the US presidential campaign are beginning to emerge

“We have concluded that there are risks in relation to the processing of personal data by many political parties. Particular concerns include: the purchasing of marketing lists and lifestyle information from data brokers without sufficient due diligence, a lack of fair processing, and use of third party data analytics companies with insufficient checks around consent….We have looked closely at the role of those who buy and sell personal data-sets in the UK. Our existing investigation of the privacy issues raised by their work has been expanded to include their activities in political processes….The investigation has identified a total of 172 organisations of interest that required engagement, of which around 30 organisations have formed the main focus of our enquiries, including political parties, data analytics companies and major social media platforms…..Similarly, we have identified a total of 285 individuals relating to our investigation.” [UK Information Commissioner’s Office, Investigation into the use of data analytics in political campaigns: Investigation update, July 2018]

Slowly but surely the Russian connections between the UK Brexit referendum campaign and the US presidential campaign are beginning to emerge.

The Guardian, 15 July 2018:

A source familiar with the FBI investigation revealed that the commissioner and her deputy spent last week with law enforcement agencies in the US including the FBI. And Denham’s deputy, James Dipple-Johnstone, confirmed to the Observer that “some of the systems linked to the investigation were accessed from IP addresses that resolve to Russia and other areas of the CIS [Commonwealth of Independent States]”.

It was also reported that Senator Mark Warner, vice chair of US Senate Intel Committee and Damian Collins MP, chair of the Digital, Culture, Media and Sport select committee inquiry into “fake news”, met in Washington on or about 16 July 2018 to discuss Russian interference in both British and American democratic processes during an Atlantic Council meeting.

UK Information Commissioner’s Office (ICO), media release, 10 July 2018:

Information Commissioner Elizabeth Denham has today published a detailed update of her office’s investigation into the use of data analytics in political campaigns.

In March 2017, the ICO began looking into whether personal data had been misused by campaigns on both sides of the referendum on membership of the EU.

In May it launched an investigation that included political parties, data analytics companies and major social media platforms.

Today’s progress report gives details of some of the organisations and individuals under investigation, as well as enforcement actions so far.

This includes the ICO’s intention to fine Facebook a maximum £500,000 for two breaches of the Data Protection Act 1998.

Facebook, with Cambridge Analytica, has been the focus of the investigation since February when evidence emerged that an app had been used to harvest the data of 50 million Facebook users across the world. This is now estimated at 87 million.

The ICO’s investigation concluded that Facebook contravened the law by failing to safeguard people’s information. It also found that the company failed to be transparent about how people’s data was harvested by others.

Facebook has a chance to respond to the Commissioner’s Notice of Intent, after which a final decision will be made.

Other regulatory action set out in the report comprises:

warning letters to 11 political parties and notices compelling them to agree to audits of their data protection practices;

an Enforcement Notice for SCL Elections Ltd to compel it to deal properly with a subject access request from Professor David Carroll;

a criminal prosecution for SCL Elections Ltd for failing to properly deal with the ICO’s Enforcement Notice;

an Enforcement Notice for Aggregate IQ to stop processing retained data belonging to UK citizens;

a Notice of Intent to take regulatory action against data broker Emma’s Diary (Lifecycle Marketing (Mother and Baby) Ltd); and

audits of the main credit reference companies and Cambridge University Psychometric Centre.

Information Commissioner Elizabeth Denham said:

“We are at a crossroads. Trust and confidence in the integrity of our democratic processes risk being disrupted because the average voter has little idea of what is going on behind the scenes.

“New technologies that use data analytics to micro-target people give campaign groups the ability to connect with individual voters. But this cannot be at the expense of transparency, fairness and compliance with the law.

She added:

“Fines and prosecutions punish the bad actors, but my real goal is to effect change and restore trust and confidence in our democratic system.”

A second, partner report, titled Democracy Disrupted? Personal information and political influence, sets out findings and recommendations arising out of the 14-month investigation.

Among the ten recommendations is a call for the Government to introduce a statutory Code of Practice for the use of personal data in political campaigns.

Ms Denham has also called for an ethical pause to allow Government, Parliament, regulators, political parties, online platforms and the public to reflect on their responsibilities in the era of big data before there is a greater expansion in the use of new technologies.

She said:

“People cannot have control over their own data if they don’t know or understand how it is being used. That’s why greater and genuine transparency about the use of data analytics is vital.”

In addition, the ICO commissioned research from the Centre for the Analysis of Social Media at the independent thinktank DEMOS. Its report, also published today, examines current and emerging trends in how data is used in political campaigns, how use of technology is changing and how it may evolve in the next two to five years. 

The investigation, one of the largest of its kind by a Data Protection Authority, remains ongoing. The 40-strong investigation team is pursuing active lines of enquiry and reviewing a considerable amount of material retrieved from servers and equipment.

The interim progress report has been produced to inform the work of the DCMS’s Select Committee into Fake News.

The next phase of the ICO’s work is expected to be concluded by the end of October 2018.

The Washington Post, 28 June 2018:

BRISTOL, England — On Aug. 19, 2016, Arron Banks, a wealthy British businessman, sat down at the palatial residence of the Russian ambassador to London for a lunch of wild halibut and Belevskaya pastila apple sweets accompanied by Russian white wine.

Banks had just scored a huge win. From relative obscurity, he had become the largest political donor in British history by pouring millions into Brexit, the campaign to disentangle the United Kingdom from the European Union that had earned a jaw-dropping victory at the polls two months earlier.

Now he had something else that bolstered his standing as he sat down with his new Russian friend, Ambassador Alexander Yakovenko: his team’s deepening ties to Donald Trump’s insurgent presidential bid in the United States. A major Brexit supporter, Stephen K. Bannon, had just been installed as chief executive of Trump’s campaign. And Banks and his fellow Brexiteers had been invited to attend a fundraiser with Trump in Mississippi.

Less than a week after the meeting with the Russian envoy, Banks and firebrand Brexit politician Nigel Farage — by then a cult hero among some anti-establishment Trump supporters — were huddling privately with the Republican nominee in Jackson, Miss., where Farage wowed a foot-stomping crowd at a Trump rally.

Banks’s journey from a lavish meal with a Russian diplomat in London to the raucous heart of Trump country was part of an unusual intercontinental charm offensive by the wealthy British donor and his associates, a hard-partying lot who dubbed themselves the “Bad Boys of Brexit.” Their efforts to simultaneously cultivate ties to Russian officials and Trump’s campaign have captured the interest of investigators in the United Kingdom and the United States, including special counsel Robert S. Mueller III.

Vice News, 11 June 2018:

Yakovenko is already on the radar of special counsel Robert Mueller, who is investigating Russian interference in the U.S. presidential election, after he was named in the indictment of ex-Trump campaign aide George Papadopoulos….

Banks, along with close friend and former Ukip leader Nigel Farage, was among the very first overseas political figures to meet Trump after his surprise victory in November 2016.

It also emerged over the weekend that Banks passed contact information for Trump’s transition team to the Russians.