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Content type: News & Analysis
Today, the UK High Court has quashed a decision by the Investigatory Powers Tribunal (IPT) and held that section 5 of the Intelligence Services Act (ISA) 1994 does not permit the issue of general warrants to authorise property interference and certain forms of computer hacking.
The Court referred to cases dating back to the 18th century, which demonstrate the common law’s insistence that the Government cannot search private premises without lawful authority even in the national security…
Content type: Long Read
Details of case:
R (on the application of Privacy International) (Appellant) v Investigatory Powers Tribunal and others (Respondents)
[2019] UKSC 22
15 May 2019
The judgment
What two questions was the Supreme Court asked to answer?
Whether section 67(8) of RIPA 2000 “ousts” the supervisory jurisdiction of the High Court to quash a judgment of the Investigatory Powers Tribunal for error of law?
Whether, and, if so, in accordance with what principles, Parliament may by…
Content type: Press release
Today, after a five year battle with the UK government, Privacy International has won at the UK Supreme Court. The UK Supreme Court has ruled that the Investigatory Powers Tribunal’s (IPT) decisions are subject to judicial review in the High Court. The Supreme Court's judgment is a major endorsement and affirmation of the rule of law in the UK. The decision guarantees that when the IPT gets the law wrong, its mistakes can be corrected.Key point:UK Supreme Court rules that the UK spying tribunal…
Content type: Impact Case Study
What HappenedOn 5 June 2013, The Guardian published the first in a series of documents disclosed by Edward Snowden, a whistleblower who had worked with the NSA. The documents revealed wide-ranging mass surveillance programs conducted by the USA’s National Security Agency (NSA) and the UK’s Government Communications Headquarters (GCHQ), which capture the communications and data of hundreds of millions of people around the world. In addition to revealing the mass surveillance programs of the NSA…
Content type: Impact Case Study
What is the problem
For over two decades we have been documenting an alarming use and spread of surveillance. It is no longer just the wars on terror or drugs or migration that is driving this trend. The management of health crises and distribution of welfare regularly are among others being used to justify this turn to increasingly invasive forms of surveillance. From country to country we see the same ideas and the same profiteers expanding their reach.
When we first released our report on…