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 Prism and/or Upstream in contravention of Articles 8 and/or 10 ECHR as declared to be unlawful by the Tribunal’s order of 6 February 2015.
(ii) Whether in fact the Claimants’ communications have been intercepted pursuant to s.8(1) or s.8(4) of RIPA, and intercepted, viewed, stored or transmitted so as to amount to unlawful conduct and/or in contravention of and, not justified by, Articles 8 and/or 10 ECHR. In this regard questions of proportionality arise, and the Tribunal has taken fully into account the submissions made by the Claimants and the Respondents.’
Citations:
[2015] UKIPTrib 13 – 132-H
Links:
Statutes:
Regulation of Investigatory Powers Act 2000 68(4)
Jurisdiction:
England and Wales
Citing:
See Also – Belhadj and Others v The Security Service, SIS, GCHQ, Home Office and FCO IPT 7-Feb-2014
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 . .
Cited by:
Cited – Liberty (The National Council of Civil Liberties) and Others v The Government Communications Headquarters and Others IPT 22-Jun-2015
. .
Cited – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
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 . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 23 November 2022; Ref: scu.549265