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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll