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Court: Investigatory Powers Tribunal

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.

Tribunal considered issues related to GCHQ hacking challenge

Privacy International v Secretary of State for Foreign and Commonwealth Affairs & Ors and another case [2016] UKIPTrib 14_85-CH

The tribunal held open inter partes hearings to determine a list of issues to be resolved, as part of proceedings brought by the claimants challenging the lawfulness of the GCHQ’s alleged use of computer network exploitation or ‘hacking’, which may have affected the claimants.

Communications data necessary in three authorisations

News Group Newspapers Ltd & Ors v Commissioner of Police of the Metropolis [2015] UKIPTrib 14

Challenge to four authorisations under the Regulation of Investigatory Powers Act 2000, s 22, which enabled the police to obtain communications data in order to ascertain the sources of information obtained by the claimant journalists.

Intelligence services intercepted civil liberty group communications unlawfully

Liberty & Ors v Government Communications Headquarters & Ors IPT/13/77/H

The IPT has ruled, inter alia, that the intelligence services acted unlawfully in the way they handled intercepted private communications of two civil liberties groups. In the first instance, EIPR’s communications were intercepted, accessed and then unlawfully “retained for materially longer than permitted”. In the second, LRC’s communications were intercepted, then unlawfully selected for examination in contravention of internal procedures that were “not followed in this case”. It was the services’ failure to follow their own procedures that resulted in the unlawful conduct.