investigatory powers – Page 3 – Current Awareness

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

Posted February 24th, 2021 in appeals, criminal justice, disclosure, foreign jurisdictions, fraud, investigatory powers, news, Serious Fraud Office, Supreme Court by sally

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

UKSC Blog, 24th February 2021

Source: ukscblog.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

Posted February 15th, 2021 in benefits, charities, closed circuit television, fraud, government departments, investigatory powers, news, privacy, proportionality, spying by sally

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

The Guardian, 14th February 2021

Source: www.theguardian.com

Implants, Interception and the Admissibility of EncroChat Data – Broadway House Chambers

Posted February 11th, 2021 in admissibility, chambers articles, evidence, interception, investigatory powers, news, telecommunications by sally

‘On 05 February 2021, the Court of Appeal judgment in the case of A & Others [2021] EWCA Crim 128 was published. The judgment effectively dismissed arguments to stop the use of data obtained from the EncroChat communications network in legal proceedings. Put simply, judges ruled that the data obtained by French and Dutch law enforcement by hacking EncroChat servers did not constitute “interception” and therefore did not contravene the statutory provisions as set out in the Investigatory Powers Act 2016.’

Broadway House Chambers, 8th February 2021

Source: broadwayhouse.co.uk

Peers vote to ban spies from committing murder, rape and torture under new law – The Independent

Posted January 14th, 2021 in bills, intelligence services, investigatory powers, murder, news, rape, spying, torture by tracey

‘Peers have voted to ban spies from committing murder, rape and torture under a controversial new law – three months after MPs refused to bring in the same restrictions.’

The Independent, 13th January 2021

Source: www.independent.co.uk

‘Child spies’ bill could face Lords defeat as Tory peers rebel – The Guardian

Posted January 13th, 2021 in bills, children, government departments, intelligence services, investigatory powers, news, police, spying by sally

‘Tory peers, bishops and crossbenchers could inflict defeat on the government after an outcry over new guidance which allows state agencies to use children as undercover spies as part of the government’s covert intelligence bill.’

The Guardian, 13th January 2021

Source: www.theguardian.com

MI6 kept quiet about ‘criminality’ of agent with ‘licence to kill’ – The Guardian

Posted December 16th, 2020 in bills, criminal justice, foreign jurisdictions, human rights, intelligence services, investigatory powers, news, spying by tracey

‘MI6 failed to make clear to the foreign secretary that a “high risk agent” operating overseas had probably engaged in “serious criminality” until it was pointed out by an independent regulator last year.’

The Guardian, 15th December 2020

Source: www.theguardian.com

As a victim of undercover police spying, this inquiry has left me bruised, but buoyed – The Guardian

Posted November 25th, 2020 in deceit, demonstrations, inquiries, investigatory powers, news, police, victims by sally

‘Uncovering that my partner was ‘Mark Kennedy’ was traumatic, but there’s hope in being part of something bigger than myself.’

The Guardian, 25th November 2020

Source: www.theguardian.com

Met police told 40% of recruits must be from BAME backgrounds – The Guardian

Posted November 13th, 2020 in diversity, equality, investigatory powers, London, news, police, proportionality, race discrimination, racism, statistics, stop and search by tracey

‘Britain’s biggest police force must hire 40% of new recruits from ethnic minority backgrounds, while officers will have to justify stop and search to community panels under new plans designed to quell the race crisis engulfing Scotland Yard.’

The Guardian, 13th November 2020

Source: www.theguardian.com

Met Police traffic stops to be reviewed as part of Action Plan – BBC News

Posted November 13th, 2020 in investigatory powers, London, news, police, proportionality, race discrimination, racism, road traffic, statistics, stop and search by tracey

‘Mayor of London Sadiq Khan has called for police traffic stops to be reviewed to look at whether black people are disproportionately affected by some police tactics.’

BBC News, 13th November 2020

Source: www.bbc.co.uk

Protesters spied on by undercover officers call for ‘end to political policing’ as inquiry begins – The Independent

Posted November 2nd, 2020 in criminal justice, deceit, demonstrations, inquiries, intelligence services, investigatory powers, miscarriage of justice, news, police, spying by tracey

‘Undercover Policing Inquiry to begin more than five years after being announced by Theresa May.’

The Independent, 1st November 2020

Source: www.independent.co.uk

The Covert Human Intelligence Sources (Criminal Conduct) Bill 2020 – Garden Court Chambers

Posted October 28th, 2020 in bills, criminal justice, intelligence services, investigatory powers, news, police, spying by sally

‘The Government recently submitted the Covert Human Intelligence Sources (Criminal Conduct) Bill to Parliament. This Bill seeks to put the ability of undercover operatives to commit criminal offences in the course of their deployment on a statutory footing. It will be achieved by amending the Regulation of Investigatory Powers Act 2000 (RIPA) to allow a diverse range of state agencies to authorise their Covert Human Intelligence Source (CHIS) to commit criminal offences where necessary for protecting national security, preventing or detecting crime or disorder, or protecting the economic wellbeing of the UK. This will have the effect of making such activity “lawful for all purposes”, which, without providing so explicitly, effectively means full civil and criminal immunity for those who act within the terms of the authorisation.’

Garden Court Chambers, 8th October 2020

Source: www.gardencourtchambers.co.uk

Black people nine times more likely to face stop and search than white people – The Guardian

Posted October 28th, 2020 in equality, investigatory powers, news, police, race discrimination, racism, statistics, stop and search by sally

‘Black people are nine times more likely to be stopped and searched by police than white people, official figures for England and Wales show.’

The Guardian, 27th October 2020

Source: www.theguardian.com

Individual privacy versus national security: where is the line? – Lamb Chambers

Posted October 27th, 2020 in EC law, intelligence services, investigatory powers, news, privacy, telecommunications by sally

‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting “general and indiscriminate” access of bulk communications data to MI5, MI6 and GCHQ.’

Lamb Chambers, October 2020

Source: www.lambchambers.co.uk

New stop and search powers for convicted knife criminals – Home Office

Posted September 14th, 2020 in consultations, government departments, investigatory powers, offensive weapons, police, press releases, recidivists, statistics, stop and search, violent offenders by tracey

‘Serious Violence Reduction Orders (SVROs) are designed to ensure repeat offenders are more likely to be caught and put in prison.’

Full press release

Home Office, 14th September 2010

Source: www.gov.uk/home-office

Stop and search: Ministers launch consultation on extending powers for known knife offenders – The Independent

Posted September 14th, 2020 in consultations, government departments, investigatory powers, news, offensive weapons, police, recidivists, stop and search, violent offenders by tracey

‘Ministers have launched a consultation to give police greater powers to stop and search individuals with prior knife convictions.’

The Independent, 14th September 2020

Source: www.independent.co.uk

Ensuring the lawfulness of automated facial recognition surveillance in the UK – Oxford Human Rights Hub

Posted September 9th, 2020 in data protection, equality, facial mapping, human rights, investigatory powers, news, police, privacy, race discrimination, sex discrimination, Wales by sally

‘In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV cameras capture images of the public, which are then compared with digital images of persons on a watchlist.’

Oxford Human Rights Hub, 3rd September 2020

Source: ohrh.law.ox.ac.uk

Facial Recognition Technology not “In Accordance with Law” – UK Human Rights Blog

Posted August 14th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’

UK Human Rights Blog, 13th August 2020

Source: ukhumanrightsblog.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

Posted August 13th, 2020 in appeals, chambers articles, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

Posted August 12th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Court of Appeal in Bridges, this system constitutes an interference with Article 8 rights which is not such as is in accordance with the law, but which (critically) would be proportionate if a sufficiently narrow local policy were framed.’

UK Police Law Blog, 11th August 2020

Source: ukpolicelawblog.com

South Wales police lose landmark facial recognition case – The Guardian

Posted August 12th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, race discrimination, sex discrimination, Wales by sally

‘Campaigners are calling for South Wales police and other forces to stop using facial recognition technology after the court of appeal ruled that its use breached privacy rights and broke equalities law.’

The Guardian, 11th August 2020

Source: www.theguardian.com

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