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 including mobile devices on a thematic basis, i.e. in respect of a class of property or people or a class of such acts. The Tribunal replied that section 67 of the 2000 Act disallowed any appeal. PI responded that that should not include a request for judicial review of an error in law.
Held: The section did indeed preclude such a request. The judges disagreed.
PI sought judicial review of a decision of the IPT as to the proper construction of section 5 of the 1994 Act.
Sir Brian Leveson P QBD, Leggatt J
[2017] EWHC 114 (Admin)
Bailii
Intelligence Services Act 1994 5, Regulation of Investigatory Powers Act 2000 67(8)
England and Wales
Citing:
Appeal from – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014
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 . .
Cited by:
Appeal from – Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others CA 23-Nov-2017
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. . .
At Admn – 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, Judicial Review, Human Rights
Leading Case
Updated: 10 November 2021; Ref: scu.573929