header-logo header-logo

Spies under fire for secret surveillance

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll