header-logo header-logo

01 February 2023
Issue: 8011 / Categories: Legal News , Data protection , Privacy
printer mail-detail

Spies under fire for secret surveillance

MI5 acted unlawfully when handling and storing private data gathered by secret surveillance under the Investigatory Powers Act 2016 (IPA 2016, also known as the Snoopers’ Charter), a tribunal has held.

Handing down judgment this week in Liberty & Privacy International v Security Service & Anor [2023] UKIPTrib1, the Investigatory Powers Tribunal found ‘very serious failings’ of compliance with legal safeguards dating back as far as 2014. It also found various home secretaries had ignored signs of MI5 breaches and continued unlawfully to sign off on MI5 warrants. MI5 accepted it stored the public’s data improperly and failed to disclose this to the Home Office.

However, the tribunal declined to quash any warrants unlawfully granted.

IPA 2016 gives MI5 and certain other state bodies powers to gather and store large amounts of personal data regardless of whether there are any suspicions about the individuals concerned.

Caroline Wilson Palow, legal director at Privacy International, said: ‘These are not technical breaches. At its highest levels, MI5 systemically disregarded the law, and the Home Office’s failure to do anything green-lighted their activities.’

Megan Goulding, lawyer at Liberty, said the decision showed ‘the so-called safeguards are totally ineffective’.

In January, prior to the judgment, David Anderson KC, the former independent reviewer of terrorism legislation, was appointed by the Home Office to lead an independent review of IPA 2016.

Lord Anderson, of Brick Court Chambers, will assess the case for legislative change. He will look at the effectiveness of the bulk dataset regime, which gives agencies access to personal information, such as travel-related data, about large numbers of individuals. His review also covers the criteria for obtaining internet connection records, the suitability of certain definitions and the ‘resilience and agility of warranty processes’, as well as the oversight regime. He is expected to publish his findings later this year. 

Issue: 8011 / Categories: Legal News , Data protection , Privacy
printer mail-details

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll