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Court: Investigatory Powers Tribunal

Bulk communications data sharing with foreign agencies etc compliant with ECHR, art 8

Privacy International v Secretary of State for Foreign and Commonwealth Affairs [2018] UKIP Trib IPT 15 110 CH

This case dealt with: (i) the Telecommunications Act 1984 s 94 relating to the obtaining of bulk communication data pursuant to directions given under that Act. “This issue was expressed as whether there had been unlawful delegation of the statutory powers of the Foreign Secretary under s 94, but it has been expanded so as […]

Reference to the EU court on legality of bulk communications data collection

Privacy International v Secretary of State for Foreign and Commonwealth Affairs & Ors IPT/15/110/CH

The tribunal considered whether the collection of Bulk Communications Data (BCD) and Bulk Personal Data (BPD) by the intelligence agencies fell within the scope of EU law and thus whether it was compliant. A reference was made to the European Court on the basis that it was unclear as to whether the use of such data for the purposes of national security was governed by EU law and subject to relevant requirements.

Met police obtained officer’s communications data unlawfully – compensation awarded

Andrew & Anor v Commissioner of Police of the Metropolis (IPT/390/16/CH & IPT/29/16/CH)

The Investigatory Powers Tribunal held that the MPS’ obtaining of the complainants’ communications data, following alleged misconduct, breached ECHR, art 8 rights. The authorisations were quashed and the communications data was ordered to be deleted. Compensation was to be paid to the first complainant.

Intelligence Agencies acted contrary to ECHR in collection of bulk data

Privacy International v Secretary of State for Foreign and Commonwealth Affairs & Ors [2016] UKIPTrib 15_110-CH

The Investigatory Powers Tribunal held that the Security and Intelligence Agencies had acted unlawfully and contrary to ECHR, art 8 in their collection of bulk communications data and bulk personal data. Jonathan Glasson QC was Counsel to the Tribunal.