Testing the limits of the state’s intelligence gathering powers

Table of contents

• Original news
• What is the legal basis for Privacy International’s challenge?
• Why is the government seeking to have the claim heard by the Investigatory Powers Tribunal (IPT)?
• How does the IPT differ from the regular courts in terms of: i) investigatory powers ii) evidence handling iii) burden, and iv) remedies?
• How does the additional jurisdictional issue (US involvement) complicate matters?
• Are other challenges likely?
• What are the possible outcomes?
• What could this mean for the government’s use of intelligence gathering powers?

Article summary

Corporate Crime analysis: Privacy International has begun legal action against the government over mass surveillance programmes. Shamik Dutta, a solicitor at Bhatt Murphy, believes the case could fundamentally change the government’s use of intelligence gathering powers.