WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT
II. RECEIPT OF INTELLIGENCE FROM FOREIGN INTELLIGENCE
AGENCIES
54. In their applications to the Court, the applicants complained under
Articles 8 and 10 of the Convention that their electronic communications may
have been obtained by virtue of the operation of the regime governing the
receipt by the United Kingdom intelligence agencies of material intercepted
by their foreign counterparts. However, they subsequently confirmed that, in
light of the Court’s conclusions in Big Brother Watch and Others v. the
United Kingdom ([GC], nos. 58170/13 and 2 others, 25 May 2021), they no
longer wished to pursue those complaints.
55. The Court does not see any grounds of respect for human rights as set
out in Article 37 § 1 in fine which would require it to continue the examination
of those complaints, which may therefore be struck out pursuant to Article 37
§ 1 (a) of the Convention.
III. THE BULK INTERCEPTION REGIME
A. Article 8 of the Convention
56. The applicants complain under Article 8 of the Convention that, as a
result of their work and contacts, their communications might have been
intercepted, extracted, filtered, stored, analysed and disseminated by the
United Kingdom intelligence agencies pursuant to the regime under
section 8(4) of the Regulation of Investigatory Powers Act 2000 (“RIPA”).
57. Article 8 provides as follows:
“1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
1. Preliminary remarks
58. In Big Brother Watch and Others (cited above) the Court considered
the Convention compliance of the bulk interception regime, which was
operated pursuant to section 8(4) of RIPA. It identified certain weaknesses in
that regime that gave rise to a breach of Article 8 of the Convention. In
particular, there was no independent authorisation of section 8(4) warrants,
the categories of selectors used to search intercepted communications did not
have to be included in the application for a warrant, and selectors linked to an
individual were not subject to prior internal authorisation (ibid., §§ 377-82
and 425).
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