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Privacy International v. Secretary of State for Foreign and Commonwealth Affairs et al.

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Privacy International v. Secretary of State for Foreign and Commonwealth Affairs et al.

Case Law

Country

United Kingdom

Country Location

Latitude: 52.32950805122076

Longitude: -1.4047851562500706

Country Location (linked Case Law): United Kingdom

Decision Date: Oct 17, 2016

Case Status: In progress

Case Outcome (Procedural)

Motion Denied

Case Outcome (Disposition)

Judgment in Favor of Defendant/ Acquittal
Law or Action Upheld

Keywords

Data Protection and Retention
Privacy
Surveillance

Court Name: U.K. Investigatory Powers Tribunal

Case Number: [2016] UKIPTrib 15_110-CH

Case Summary: The U.K. Investigatory Powers Tribunal ruled that the obtaining by Security and Intelligence Agencies of Bulk Communications Data (BCD) from telecom operators was lawful under domestic law, namely Section 94 of the Telecommunications Act 1984, but that both the BCD and the Bulk Personal Datasets (BPD) regimes failed to comply with European Convention of Human Rights (ECHR) principles until their existence was made public. The campaign group, Privacy International, claimed that the acquisition and use of bulk personal and communications data by MI5, MI6 and Government Communications Headquarters (GCHQ) infringed the right to private life under Article 8 ECHR. The Foreign Secretary, the Home Secretary and the three security services argued that the use of these powers was lawful and essential for the protection of national security. The Court reasoned that the obtaining of BPD and BCD under rules and arrangements that were not publicly accessible fell foul of the ECHR Article 8 requirement that such measures must be "in accordance with law" because the rules were not sufficiently foreseeable or accessible and were not subject to adequate oversight.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Electronic Privacy Information Center v. Department of Justice Criminal Division
Google Spain, S.L. v. Agencia Española de Protección de Datos (Spanish Data Protection Agency)
In re Google Inc. Cookie Placement Consumer Privacy Litigation
Privacy International v. Secretary of State for Foreign and Commonwealth Affairs et al.
Schrems v. Data Protection Commissioner
Shi Tao v Privacy Commissioner for Personal Data

Source URL: Columbia Global Freedom of Expression

Collection

CIPIT

Date Updated: May 11, 2024

Primary Documents

Privacy International v Secretary of State for Foreign And Commonwealth Affairs & Ors (Rev 2) [2016] UKIPTrib 15_110-CH (17 October 2016).pdf
English
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