ICO The complainant has requested information concerning the use of RIPA (the Regulation of Investigatory Powers Act 2000) by Thames Valley Police (‘TVP’). TVP refused the request as being ‘vexatious’. The Commissioner’s decision is that the request is not vexatious and he requires TVP to disclose the requested information or issue a fresh refusal notice … Continue reading Thames Valley Police (Police and Criminal Justice) FS50578306: ICO 6 Jul 2015
Citations: [2001] EWCA Crim 1027, Unreported, 6 April 2001 Statutes: Regulation of Investigatory Powers Act 2000 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004 The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a … Continue reading Regina v Allan: CACD 6 Apr 2001
The court considered the methods used for collection of information by the security services, and gave the following guidance: ‘(i) Whether in fact there has been, prior to 18 November 2014, soliciting, receiving, storing and transmitting by UK authorities of private communications of the Claimants which have been obtained by the US authorities pursuant to … Continue reading Belhadj and Others v Security Service and Others (Including Determination): IPT 29 Apr 2015
This claim is brought against the Commissioner of Police of the Metropolis by News Group Newspapers and three journalists employed by The Sun newspaper, Mr Tom Newton Dunn, the political editor, Mr Anthony France and Mr Craig Woodhouse in respect of four authorisations issued under s 22 of the Regulation of Investigatory Powers Act 2000 … Continue reading News Group Newspapers Ltd and Others v Commissioner of Police of The Metropolis: IPT 17 Dec 2015
The claimants sought damages for the actions of undercover police officers engaging in sexual activity as part of the investigation. The court now considered the role of the Investigatory Powers Tribunal in dealing with such claims. Held: Such activity fell within ‘personal or other relationship with a person’ for the purposes of section 26(8) of … Continue reading AKJ and Others v Commissioner of Police for The Metroplis and Others: QBD 17 Jan 2013
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, three of his officers, were selling confidential information to criminals. He ordered their telephones to … Continue reading Attorney General’s Reference (No 5 of 2002): HL 14 Oct 2004
Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting that the interception had taken place on the public side of the system, and therefore admission of other evidence would … Continue reading W, Regina v (Attorney General’s reference no 5 of 2002): CACD 12 Jun 2003
Judges: Lord Justice Fulford VP Citations: [2021] EWCA Crim 377 Links: Bailii, Judiciary Statutes: Official Secrets Act 1911 1(1), Official Secrets Act 1989 2(1), Regulation of Investigatory Powers Act 2000 53(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 22 October 2022; Ref: scu.659856
The defendant appealed from his conviction of murder. He complained that the judge should not have admitted in evidence material derived from a covert surveillance. The covert surveillance was of the defendant at his family home, and had been authorised by the Chief Constable and the Surveillance Commissioner. He complained that the matters in issue … Continue reading Turner v Regina: CACD 9 May 2013
The complainant has asked Royal Mail Group Ltd (Royal Mail) to confirm the number of applications it has received which were made under the Regulation of Investigatory Powers Act 2000 (RIPA) or the Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA). This information was requested on a year-by-year basis for the period 2007 to 2011. … Continue reading Royal Mail (Decision Notice): ICO 9 Aug 2012
The Tribunal considered the Complainants’ application for interim relief in their case before it in the light of undertakings given by the Respondents. It also gave preliminary consideration to appropriate practice to be followed in the event a Closed hearing was requested by the Respondents. Judges: Burton J P, Seabrook QC, Flint QC Citations: [2014] … Continue reading Belhadj and Others v The Security Service, SIS, GCHQ, Home Office and FCO: IPT 7 Feb 2014
The claimants had been prosecuted following authorised intrusive surveillance. They challenged the laws which prevented them from asking questions about interception, and therefore from defending themselves. The defendants said that the police had deliberately failed to record details which would demonstrate that the recordings had been from an interception rather than the surveillance. Held: The … Continue reading Knaggs v The United Kingdom: ECHR 14 Jan 2009
The claimant organisation challenged the procedures applying to protect children when used as covert intelligence sources. Judges: Supperstone J Citations: [2019] EWHC 1772 (Admin), [2019] WLR(D) 386 Links: Bailii, WLRD Statutes: Regulation of Investigatory Powers Act 2000 Jurisdiction: England and Wales Human Rights, Children, Police Updated: 13 July 2022; Ref: scu.639696
ICO The complainant requested information about compensation payments made to organisations who comply with the Regulation of Investigatory Powers Act 2000. The Home Office stated that it does not hold the information. The Commissioner’s decision is that the Home Office does hold some relevant information within the scope of the request. The Commissioner therefore requires … Continue reading Home Office (Decision Notice): ICO 2 Apr 2013
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the inclusion, in the parenthesis to section 67(8), of a specific reference to decisions relating to ‘jurisdiction’?’ … Continue reading Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others: SC 15 May 2019
The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim. Citations: [2017] EWCA Civ 1868, [2017] WLR(D) 775, [2018] 1 WLR 2572, [2018] HRLR 3, [2018] 3 All ER 95 Links: Bailii, WLRD Statutes: Regulation of Investigatory Powers Act 2000 Jurisdiction: … Continue reading Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others: CA 23 Nov 2017
Police working undercover were asked to use mobile telephones. They recorded their conversations. At trial the defendants asked for the details of the authorisation for the interception of the communications, but were given only part information before the intercepts were admitted. They appealed against the conviction. Held: The recordings of their own telephone conversations by … Continue reading Regina v Hardy (Brian); Regina v Hardy (Danny): CACD 31 Oct 2002
The appellants appealed their convictions on two grounds. First the judge who had heard the case was an acquaintance of the chief constable of the investigating force, and second evidence had been admitted of tape recordings of non-privileged conversations between defendants whilst in the police station. The Chief Constable had authorised the covert operation, and … Continue reading Mason, Wood, McClelland, Tierney v Regina: CACD 13 Feb 2002
The complainant has requested the names and ranks of the persons who currently hold, or had previously held, one of three roles under the Regulation of Investigatory Powers Act (RIPA) 2000, specifically, Senior Responsible Officer, Designated Person and Single Point of Contact on behalf of each of the police forces in England and Wales. The … Continue reading Home Office (Decision Notice): ICO 8 Jul 2013
The defendants sought leave to appeal against convictions for conspiracy to supply drugs. The prosecutor relied on surveillance evidence showing meetings and telephone calls between the defendants; evidence from recording devices in defendants’ cars; evidence of money transfers, and he placed reliance on telephone intercept material. This material was in the form of recordings of … Continue reading Regina v Austin and others: CACD 16 May 2008
The director appealed against a finding that the court did have jurisdiction to determine whether its order preventing a restriction on publication of a book by a former member of the security services had infringed his right of free speech. The director contended that exclusive jurisdiction over such matters had been given to the Security … Continue reading Regina (A) v Director of Establishments of the Security Service: CA 18 Feb 2009
The defendant appealed his conviction for the unlawful interception of communications, saying that he was authorised to access the information he had obtained. He had instructed a junior employee to access emails by the use of an ID and password given to him by another senior employee. Held: The appeal failed. The judge had taken … Continue reading Regina v Stanford: CACD 1 Feb 2006
Former police officers complained of the misuse of communications data and otherwise by the respondent police force. Applications had also been granted for interception of data of a solicitor representing the claimants and two journalists. Held: The CDAs were unlawful Citations: [2017] UKIPTrib 15 – 586-CH Links: Bailii Statutes: Regulation of Investigatory Powers Act 2000 … Continue reading Dias and Another v Cleveland Police: IPT 31 Jan 2017
ICO The complainant has requested information concerning the Home Office’s use of the Regulation of Investigatory Powers Act 2000 (RIPA) when investigating its own staff. The Home Office would neither confirm nor deny (NCND) holding any information, citing the exemptions at sections 31(3) (law enforcement), 23(5) (information supplied by, or relating to, security bodies) and … Continue reading Home Office (Central Government): ICO 3 Nov 2016
The claimant NGO challenged the legality of the admitted collection of Bulk Personal Datasets by the Security and Intelligence Agencies. [2016] UKIPTrib 15 – 110-CH Bailii Regulation of Investigatory Powers Act 2000, Security Service Act 1989, Intelligence Services Act 1994, Data Retention and Investigatory Powers Act 2014 England and Wales Police, Human Rights Updated: 26 … Continue reading Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others: IPT 17 Oct 2016
The Tribunal considered further allegations of unlawful police / GCHQ interception of private communications Burton P, Mitting VP JJ [2016] UKIPTrib 15 – 165-CH Bailii Regulation of Investigatory Powers Act 2000 8(4) England and Wales Police, Human Rights Updated: 16 January 2022; Ref: scu.564197
Renewed application for leave to appeal from conviction and sentence – possession of gun and samurai sword, and failure to provide encryption key. [2018] EWCA Crim 2893 Bailii Regulation of Investigatory Powers Act 2000 49 England and Wales Crime Updated: 14 January 2022; Ref: scu.654978
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014
COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. The taps were based on a non-binding and unpublished directive from … Continue reading Malone v The United Kingdom: ECHR 2 Aug 1984
Burton P J, Robert Seabrook QC, Carr J, Christopher Gardner QC, Geoffrey Rivlin QC HHJ [2015] UKIPTrib 13 – 77-H – 2 Bailii Regulation of Investigatory Powers Act 2000 68(4) England and Wales Citing: Cited – Belhadj and Others v The Security Service, SIS, GCHQ, Home Office and FCO IPT 7-Feb-2014 The Tribunal considered the … Continue reading Liberty (The National Council of Civil Liberties) and Others v The Government Communications Headquarters and Others: IPT 22 Jun 2015
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights of those individuals. In each case the officer had deceived the people involved. Held: ‘ The phrase ‘personal or … Continue reading AJA and Others v Commissioner of Police for The Metropolis and Others: CA 5 Nov 2013
Burton J [2015] UKIPTrib 13 – 77-H, [2015] 3 All ER 212, [2015] 1 Cr App R 24, [2015] HRLR 7 Bailii Regulation of Investigatory Powers Act 2000 England and Wales Citing: See Also – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014 The Claimants’ complaints alleged … Continue reading Liberty (The National Council of Civil Liberties) and Others v The Secretary of State for Foreign and Commonwealth Affairs and Others: IPT 6 Feb 2015
The claimants complained that as campaigning journalists, investigating security matters, their communications had been intercepted by the security services. Their concerns had been triggered by disclosures made by Snowden. The court now set our questions for the parties. 62322/14 – Communicated Case, [2015] ECHR 71 Bailii European Convention on Human Rights, Regulation of Investigatory Powers … Continue reading Bureau of Investigative Journalism And Alice Ross v The United Kingdom: ECHR 5 Jan 2015
Three defendants appealed against convictions for selling stolen goods, saying that the police had used entrapment. The officers had established a shop at which thieves might expect to sell goods. Each defendant had pleaed guilty after a ruling against their allegation of abuse by officers. They said that officers had failed to comply with the … Continue reading Palmer and Others v Regina: CACD 7 Aug 2014
EAT PRACTICE AND PROCEDUREDisclosureHUMAN RIGHTS(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules of Procedure, is not incompatible with a claimant’s right under Art. 6 of the European Convention on Human Rights to a fair hearing of his claim for discrimination, or … Continue reading Tariq v The Home Office: EAT 16 Oct 2009
The complainant has requested information concerning the use of RIPA (the Regulation of Investigatory Powers Act 2000) by Thames Valley Police (‘TVP’). TVP refused the request as being ‘vexatious’. The Commissioner’s decision is that the request is not vexatious and he requires TVP to disclose the requested information or issue a fresh refusal notice in … Continue reading Thames Valley Police (Police and Criminal Justice) FS50582792: ICO 6 Jul 2015
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently detailed, and that the police had acted in breach of his article 8 rights in obtaining evidence by surveillance since … Continue reading Kinloch v Her Majesty’s Advocate: SC 19 Dec 2012
(City of Westminster Magistrates Court) The NCA had made a request to the court for an order that the now claimant surrender, under the 1897 Act, passwords to encrypted computer files. An application had already been made under the 2000 Act, to which the claimant had replied that he did not have the passwords sought. … Continue reading Love v National Crime Agency: 10 May 2016
PI appealed from a ruling of the IPT that the provision which empowered the Secretary of State to authorise ‘the taking . . of such action as is specified in the warrant in respect of any property so specified’ was wide enough to encompass computer and network exploitation or, in colloquial language, hacking of computers … Continue reading Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal: Admn 2 Feb 2017
The defendant appealed against a confiscation order, made on the basis of evidence secured from a probe installed in his car. He had made clear that he disputed the recordings. A second judge had inherited the proceedings, and ruled that he could not challenge the recordings. Held: There is no authority for the proposition that … Continue reading Knaggs v Regina: CACD 13 Jul 2009
Course of Transmission includes Voicemails The defendants appealed against convictions for conspiracy to intercept telephone voicemail messages whilst employed in various positions in newspapers. The issue boiled down to when the ‘course of transmission’ of a voicemail message ended, that is whether a voicemail message which was saved by the recipient on the voicemail facility … Continue reading Edmondson and Others v Regina: CACD 28 Jun 2013
Complaint was made that the prisoner’s privileged conversations with his solicitors had been intercepted by the police. Held: The Act made explicit provisions allowing such interception and set out the appropriate safeguards. The interceptions were lawful. It was significant that a code of practice had been issued making detailed provision for the authorisation of monitoring … Continue reading McE, Re; McE v Prison Service of Northern Ireland and Another: HL 11 Mar 2009
The appellants challenged their convictions for the fraudulent use of falsely completed applications to vote by post. They said that the prosecutors had failed properly to disclose other postal applications also suspected and collected by the returning officer who, under the Code of Practice was a ‘delegated investigator’ with associated duties. Held: Appeals were variously … Continue reading Regina v Khan and Others: CACD 7 Oct 2011
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law. Held: The following questions were referred to the CJEU: (1) Did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law with which the national legislation of Member States must … Continue reading Secretary of State for The Home Department v Davis MP and Others: CA 20 Nov 2015
Paedophile hunters’ evidence was admissible (Scotland) The appellant had been lured into committing sexual offences online against what he was told was a 13 year old boy. The evidence was obtained by a group of so called paedophile hunters. He now appealed saying that the use of such evidence infringed his article 8 rights, and … Continue reading Sutherland v Her Majesty’s Advocate: SC 15 Jul 2020
The CC appealed by case stated against a refusal of an order under the 2000 Act for the disclosure by the defendant of a cryptography key. The defendant had a history of sexual offences against children and had failed to keep to the terms of a Sexual Offences Prevention Order. He was found with indecent … Continue reading Greater Manchester Police v Andrews: Admn 23 May 2011
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
The defendants appealed against their convictions after admission of secret tape recordings made by the police in breach, said the defendants of the 2000 Act and unlawful. The recordings had been in the police van. The Crown said that this was not a . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The complainant has requested information concerning the use of RIPA (the Regulation of Investigatory Powers Act 2000) by Thames Valley Police (‘TVP’). TVP initially refused the request as being ‘vexatious’ under section 14(1) of the FOIA. Following . .
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The claimant sought judicial review of the granting of a special protection order with regard to the retention of emails sent by their customers, and for permission to destroy material relating to the application. The result, said the applicant, would overwhelm their storage systems, and to put them in breach of section 1 of the … Continue reading NTL Group Ltd, Regina (on The Application of) v S Constabulary: Admn 22 Jul 2002
The applicant operated an e-mail system. E-mails would normally be deleted after being read. The police sought an order under the 1984 Act for certain emails to be retained in connection with an investigation. The applicant argued that this would put them in conflict with the 2000 Act, by requiring them to intercept the e-mails. … Continue reading NTL Group Limited v Ipswich Crown Court: QBD 22 Jul 2002
Woolwich Crown Court. The court was asked to rule on the admissibility of evidence of with telephone calls recorded by external microphones. Held: The offence under section 1 of the 2002 Act is committed by intercepting a transmission as it is carried in the system and that the system begins at point A, with the … Continue reading Regina v McDonald: 23 Apr 2002
References: Unreported 23 April 2002 Coram: Astill J Woolwich Crown Court. The court was asked to rule on the admissibility of evidence of with telephone calls recorded by external microphones. Held: The offence under section 1 of the 2002 Act is committed by intercepting a transmission as it is carried in the system and that … Continue reading Regina v McDonald; 23 Apr 2002
The Tribunal examined whether alleged interception could have been made lawful by authorisation under the Regulation of Investigatory Powers Act or the Telecommunications (Lawful Business Practice) Regulations 2000. Citations: [2006] UKIPTrib 02 – 15 Links: Bailii Jurisdiction: England and Wales Police, Human Rights Updated: 22 November 2022; Ref: scu.525993
The appellant Harmes ran a public house and was suspected of involvement in the distribution of Class A drugs and money laundering. An undercover police operation was launched and approved which lasted approximately 3 months. One of the undercover police officers offered to supply Harmes with cheap soft drinks and another suggested they could be … Continue reading Regina v Harmes and Another: CACD 9 May 2006
The defendants were accused of assisting a person to evade a control order. On arrest their computers had been seized, and they now sought an order on an interim appeal to discharge the case under the 2000 Act of not providing passwords to encrypted material. They said that the Act required them to incriminate themselves. … Continue reading Regina v S(F) and A(S): CACD 29 Jul 2008
The applicant had been an employee. In the course of a dispute with her employer, she discovered that the principal had been collecting information about her telephone calls, emails and internet usage. Held: The collection of such material without any explicit legal power by her employer, as a statutory body, was an abuse of her … Continue reading Copland v The United Kingdom: ECHR 3 Apr 2007
Judges: Douglas Brown J Citations: [2003] EWHC 2051 (QB) Links: Bailii Statutes: Regulation of Investigatory Powers Act 2000 65(2)(a) Jurisdiction: England and Wales Police, Litigation Practice, Human Rights Updated: 28 July 2022; Ref: scu.347395
The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair … Continue reading Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004
Citations: [2002] EWCA Crim 903, Unreported, 4 March 2002 Statutes: Regulation of Investigatory Powers Act 2000 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004 The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a … Continue reading Regina v Goodman: CACD 4 Mar 2002
The claimant a retired senior officer in the intelligence services wished to publish a book of his memoirs. He was refused permission for his duty of confidentiality, and said that this infringed his human rights. The Director denied his right to take the case before the court saying that it was to be heard by … Continue reading A v B; Regina (A) v Director of Establishments of the Security Service: Admn 4 Jul 2008
The court was asked as to the permissibility of admitting covert recordings of the accused’s car by investigating officers, which recorded the accused’s words as they spoke into their telephones. The defendants said that this amount to interception of the calls. Held: If what happened was interception, evidence of the content of any telephone calls … Continue reading Regina v E: CACD 26 Apr 2004
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009
The defendant appealed against his conviction under the 2000 Act for failing to disclose the key used to encrypt a computer file. He was subject to a control order as a suspected terrorist. As the police raided his house, they found the key had been half entered. He said that the requirement to disclose the … Continue reading Regina v S and A: CACD 9 Oct 2008
