- Another blow for UK’s intelligence gathering regime (Big Brother Watch and others v the United Kingdom)
- What are the practical implications of this case and what impact will this decision have on the relevant provisions of the Investigatory Powers Act 2016 (IPA 2016)?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: In 2013 Edward Snowden revealed the existence of the GCHQ program, Operation Tempora, an intelligence gathering scheme that gathered data from, fibre optic cables, communication providers, and foreign governments. The Grand Chamber ruled on application from Big Brother Watch, that (i) bulk intercepts are only lawful if ‘end-to-end safeguards’ are in place, which they were not in the UK regime, (ii) the UK regime for gathering data from communications providers violated Articles 8 and 10 of the European Convention on Human Rights (ECHR) and, (iii) the UK’s regime for the collection of data from foreign governments did have sufficient safeguards and was lawful. Written by Matthew Richardson, barrister at Henderson Chambers.
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