WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT Kingdom Government by the NSA was assumed to have been lawfully obtained. 20. The IPT handed down its judgment on 16 May 2016. At the outset, it noted that, encouraged by the jurisprudence of the Court, it had approached the question of locus standi on a very open-minded basis and without requiring from its complainants the kind of arguable case they would need to present a case in the High Court. It therefore concluded that the judgments in the Liberty proceedings were not the finishing point but rather the starting point for the potential investigation of any proper individual claims. Just as the complainants in the Liberty proceedings, who had established sufficient locus to bring the claim, were entitled, after the legal issues had been decided, to have investigations of their own individual circumstances, so should be the case of any other such complainant who could satisfy the locus requirement. To not look at the individual cases of other complainants who could establish the relevant locus would be contrary to Roman Zakharov v. Russia ([GC], no. 47143/06, ECHR 2015) and Weber and Saravia v. Germany ((dec.), no. 54934/00, ECHR 2006‑XI), and to its own duty under RIPA. Moreover, it would undermine the position adopted in Kennedy v. the United Kingdom (no. 26839/05, 18 May 2010), in which the Court approved the role of the IPT to such an extent that in Roman Zakharov it was prepared to recognise that in consequence there could be a different approach to locus in claims before it. Therefore, whatever the purpose of Privacy International’s campaign, the IPT was satisfied that each subsequent application had to be considered on its merits. 21. As for victim status, it considered that the appropriate test was whether the applicants could show that due to their personal situation they were potentially at risk of being subjected to the measures complained of (see Roman Zakharov, cited above, § 171). Applying this test, it was persuaded that all six of the represented complainants satisfied it in respect of the section 8(4) regime; and – albeit with a significant element of doubt  that all save for Mr Wieder, who was a US citizen, satisfied it in respect of the receipt of intelligence from the NSA. It did so on the basis that, in addition to the mere assertion – taken from the standard application form on Privacy International’s website – that they believed that the authorities “may have unlawfully intercepted, solicited, accessed, obtained, processed, used, stored and/or retained my information and/or communications, whatever the source of that information or communications may be”, all six complainants had provided supplemental information, including in relation to these two applicants that Mr Wieder was “an IT professional and independent researcher, again substantially involved in intelligence and security matters” and Mr Guarneri was “an independent privacy and security researcher, materially involved in intelligence matters, living in a Council of Europe state”. However, as it did not consider there to be sufficient information on Privacy International’s standard application form to demonstrate victim 5

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