Category: investigatory powers

High Court considers purpose behind subject access request under the DPA – Panopticon

Posted March 11th, 2015 in abuse of process, appeals, data protection, death penalty, foreign jurisdictions, investigatory powers, news, police, privacy by sally

‘It is not uncommon for data controllers to be faced with subject access requests under s. 7 of the Data Protection Act 1998 the motivations for which appear to have nothing whatever to do with the purposes of the DPA. The DPA seeks to protect individuals’ privacy rights with respect to data which is processed about them. The subject access provisions help people check up on that data and its processing (see for example YS v Minister voor Immigratie (Cases C-141/12 & C-372/12)). In practice, however, a subject access request is a fishing expedition with an eye on prospective litigation.’

Full story

Panopticon, 10th March 2015

Source: www.panopticonblog.com

Public protest, private rights – UK Human Rights Blog

Posted March 9th, 2015 in appeals, data protection, demonstrations, human rights, investigatory powers, news, police, privacy, proportionality, Supreme Court, violent disorder by sally

‘R (Catt) and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9. A majority of the Supreme Court has held that the retention by police of information on the Domestic Extremism Database about a 91 year-old activist’s presence at political protests was (1) in accordance with the law and (2) a proportionate interference with his right to a private life under Article 8(1) of the ECHR.’

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UK Human Rights Blog, 6th March 2015

Source: www.ukhumanrightsblog.com

Policing abuse in the online world – where does the law currently stand? – Halsbury’s Law Exchange

Posted March 9th, 2015 in enforcement, freedom of expression, internet, investigatory powers, malicious communications, news, police, racism by sally

‘The prevalence of racist and misogynistic abuse online has become firmly established as a matter that now warrants considerable political attention. As legislators pick between the differences in “real world” and online forms of abuse, as well as judicial borders of the internet, Rhory Robertson, partner at Collyer Bristow LLP, outlines the many questions that must be addressed in any new lawmaking.’

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Halsbury’s Law Exchange, 6th March 2015

Source: www.halsburyslawexchange.co.uk

MPs ‘dismayed’ that police continue to compile database of faces – The Guardian

Posted March 9th, 2015 in criminal records, custody, data protection, inquiries, investigatory powers, news, photography, police, privacy by sally

‘A committee of MPs has condemned police for continuing to upload custody photographs, including of people never charged, to a face recognition database, despite a high court judgement that ruled the practice was unlawful.’

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The Guardian, 7th March 2015

Source: www.guardian.co.uk

Access all areas? – New Law Journal

Posted March 2nd, 2015 in bills, codes of practice, confidentiality, data protection, EC law, electronic mail, freedom of expression, intelligence services, interception, investigatory powers, legal profession, news, police, privacy, privilege, telecommunications, terrorism by sally

‘Overriding lawyer-client & confidential communications is incompatible with the rule of law, as Nicholas Griffin QC, Robert O’Sullivan QC & Gordon Nardell QC explain.’

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New Law Journal, 27th February 2015

Source: www.newlawjournal.co.uk

Britain is leading the charge against basic human rights, Amnesty claims – The Independent

Posted February 25th, 2015 in data protection, EC law, freedom of expression, genocide, human rights, investigatory powers, legal aid, news, privacy, rule of law by sally

‘Increased surveillance in Britain, along with the reduction of access to justice, have contributed to one of the worst assaults on human rights in Europe since the fall of the Berlin Wall, according to a damning assessment by Amnesty International.’

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The Independent, 25th February 2015

Source: www.independent.co.uk

Judges to rule on police requests for journalists’ phone records – Daily Telegraph

Posted February 23rd, 2015 in bills, interception, investigatory powers, judiciary, media, news, police, privacy, telecommunications by sally

‘Police to be told they need to obtain the permission of a judge if they want to obtain details of a journalist’s phone calls or emails.’

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Daily Telegraph, 21st February 2015

Source: www.telegraph.co.uk

UK admits unlawfully monitoring legally privileged communications – The Guardian

Posted February 19th, 2015 in human rights, intelligence services, interception, investigatory powers, law firms, news, privilege, telecommunications, tribunals by sally

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

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The Guardian, 18th February 2015

Source: www.guardian.co.uk

The Investigatory Powers Tribunal and the rule of law – UK Human Rights Blog

Posted February 17th, 2015 in data protection, human rights, intelligence services, investigatory powers, news, privacy, rule of law, tribunals by sally

‘Despite being hailed as an ‘historic victory in the age-old battle for the right to privacy and free expression’, closer examination of a recent ruling by the Investigatory Powers Tribunal (‘IPT’) reveals it to have been a hollow victory.’

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UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

GCHQ intelligence sharing ‘was unlawful’, tribunal rules – BBC News

Posted February 6th, 2015 in human rights, intelligence services, investigatory powers, news, privacy by sally

‘UK agency GCHQ’s sharing of intelligence gathered by US mass surveillance programmes was unlawful, a tribunal has ruled.’

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BBC News, 6th February 2015

Source: www.bbc.co.uk

Police will need judge’s permission to access journalists’ phone and email records – The Guardian

Posted February 5th, 2015 in interception, investigatory powers, media, news, police, reports, telecommunications, terrorism by sally

‘Police will be forced to seek the permission of a judge if they want to retrieve the phone and email records of journalists, after the prime minister’s snooping watchdog found that 19 police forces made more than 600 applications to uncover confidential sources in the past three years.’

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The Guardian, 4th February 2015

Source: www.guardian.co.uk

Mass surveillance is fundamental threat to human rights, says European report – The Guardian

Posted January 27th, 2015 in EC law, human rights, interception, investigatory powers, news, privacy, reports by sally

‘Europe’s top rights body has said mass surveillance practices are a fundamental threat to human rights and violate the right to privacy enshrined in European law.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

CCTV: Too many cameras useless, warns surveillance watchdog Tony Porter – BBC News

Posted January 26th, 2015 in budgets, closed circuit television, investigatory powers, local government, news, ombudsmen, police by sally

‘Too many CCTV cameras are ineffective and useless, the government’s surveillance commissioner has warned.’

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BBC News, 26th January 2015

Source: www.bbc.co.uk

Lawyers join forces with journalists and social workers to protest against government snooping

Posted January 20th, 2015 in consultations, intelligence services, investigatory powers, news, police, privacy by sally

‘The Law Society and Bar Council have joined forces with the British Association of Social Workers and National Union of Journalists to form the ‘Professionals for Information Privacy Coalition’, and express their concern over the controls in place on how the government snoops on professionals.’

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Legal Futures, 20th January 2015

Source: www.legalfutures.co.uk

Information commissioner calls for protection of private data amid calls for ‘snooper’s charter’ – The Independent

Posted January 15th, 2015 in data protection, intelligence services, investigatory powers, news, privacy by sally

‘The information commissioner has called for the establishment of a US-style agency to defend the privacy of citizens amid growing calls for the reintroduction of the “snoopers’ charter”.’

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The Independent, 13th January 2015

Source: www.independent.co.uk

A worrying new anti-terror law is sneaking through Parliament – The Guardian

Posted January 12th, 2015 in bills, human rights, intelligence services, internet, investigatory powers, news, passports, privacy, search & seizure, terrorism by sally

‘As the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.’

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The Guardian, 9th January 2015

Source: www.guardian.co.uk

Declaration 2014: Legal Professional Privilege is vital to a fair trial – The Bar Council

Posted December 15th, 2014 in barristers, confidentiality, intelligence services, interception, investigatory powers, legal profession, press releases, privilege, solicitors by sally

‘Legal chiefs and academics today demanded new laws to stop police and security services from spying on meetings between lawyers and their clients.’

Full press release

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

Proceeds of Crime Act 2002: codes of practice consultation – Attorney General’s Office

Posted December 15th, 2014 in attorney general, codes of practice, consultations, investigatory powers, press releases, proceeds of crime, prosecutions by sally

‘A consultation on a revised code of practice that governs the use of investigatory powers in the Proceeds of Crime Act 2002.’

Full press release

Attorney General’s Office, 12th December 2014

Source: www.gov.uk/ago

Cracking intercepts: the war on terror and difficulties with Human Rights – UK Human Rights Blog

Posted December 11th, 2014 in human rights, interception, investigatory powers, news, telecommunications, terrorism, tribunals, warrants by sally

‘This is a fascinating case, not just on the facts or merits but because it is generated by two of the major catalysts of public law litigation: the government’s duty to look after the security of its citizens, and the rapid outpacing of surveillance law by communications technology. Anyone who has seen The Imitation Game, a film loosely based on the biography of Alan Turing, will appreciate the conflicting currents at the core of this case: the rights of an individual to know, and foresee, what the limits of his freedom are, and the necessity to conceal from the enemy how much we know about their methods. Except the Turing film takes place in official wartime, whereas now the state of being at “war” has taken on a wholly different character.’

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UK Human Rights Blog, 11th December 2014

Source: www.ukhumanrightsblog.com

Judicial reviews: a decision that’s best left to judges – The Guardian

Posted December 10th, 2014 in bills, costs, disclosure, human rights, intelligence services, interception, investigatory powers, judicial review, judiciary, news, parliament, public interest, telecommunications, tribunals by sally

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

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The Guardian, 10th December 2014

Source: www.guardian.co.uk