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
ICO The complainant submitted a request for information to the Ministry of Justice (the ‘MOJ’) for numbers of Regulation of Investigatory Powers Act (‘RIPA’) requests about prison staff. By the date of this notice, the MOJ has yet to provide a substantive response to this request. The Commissioner’s decision is that the MOJ breached sections … Continue reading Ministry of Justice (Central Government) FS50613442: ICO 7 Mar 2016
(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
ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National … Continue reading Tele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department: ECJ 21 Dec 2016
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Claim for judicial review concerning a challenge to the statutory bar on the admissibility of intercept evidence in legal proceedings. Judges: Lord Justice Singh Citations: [2021] EWHC 902 (Admin) Links: Bailii Statutes: Investigatory Powers Act 2016 56 Jurisdiction: England and Wales Criminal Evidence Updated: 14 November 2022; Ref: scu.661938
European investigation order Judges: The Lord Burnett of Maldon LCJ, Edis LJ, Whipple J Citations: [2021] EWCA Crim 128, [2021] WLR(D) 80 Links: Bailii, Judiciary, WLRD Statutes: Investigatory Powers Act 2016 Jurisdiction: England and Wales Crime Updated: 19 September 2022; Ref: scu.658688
Second challenge to the 2016 Act seeking a declaration of incompatibility of ‘bulk’ powers. Citations: [2019] EWHC 2057 (Admin) Links: Bailii Statutes: Investigatory Powers Act 2016 Jurisdiction: England and Wales Police, Human Rights Updated: 18 July 2022; Ref: scu.640133
Judges: Lord Justice Singh And Mr Justice Holgate Citations: [2022] EWHC 1630 (Admin) Links: Bailii Statutes: Investigatory Powers Act 2016 Jurisdiction: England and Wales Police, European Updated: 09 July 2022; Ref: scu.678681
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of security data received from the US reating to British security services. He now sought … Continue reading Miranda v Secretary of State for The Home Department and Others: Admn 19 Feb 2014
The Court of Appeal had allowed an appeal from the judge who had directed that the transcripts of examinations of a director of an insolvent company under section 236 on the Director of the Serious Fraud Office undertaking that the transcripts would not be used save in the circumstances specified in section 2(8) of the … Continue reading Re Arrows Ltd No 4: HL 1995
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
Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with EU law to the extent that it permitted access to retained data, where the objective pursued by that access … Continue reading Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018
The Property of Every Man is Sacred The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister. Held: The common law does not recognise interests of state as a justification for allowing what would otherwise be an unlawful search. Lord Camden CJ … Continue reading Entick v Carrington: KBD 1765
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
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 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
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
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 . .
