Liberty takes fight against mass surveillance to European Court of Human Rights

James Welch of Liberty

James Welch of Liberty

Liberty has filed an appeal with the European Court of Human Rights against the Investigatory Powers Tribunal’s ruling that UK intelligence agencies’ mass surveillance activities are legal.

Liberty is challenging the Tribunal’s December 2014 judgement that GCHQ’s Tempora programme – which sees the agency intercept and process billions of private communications every day – complies with Human Rights law.

The appeal also challenges the Tribunal’s finding that it is lawful for the UK’s Intelligence Services to access data gathered in bulk under the mass electronic surveillance programmes PRISM and Upstream operated by the US’ National Security Agency (NSA).

The judgement followed a legal challenge brought against the security services by Liberty, Amnesty International, Privacy International and others in the wake of NSA whistleblower Edward Snowden’s revelations.

In a partial victory for Liberty and its fellow claimants, a second Tribunal ruling in February this year found that the UK-US data sharing was unlawful prior to December 2014 because rules governing it had been kept secret.

Limited details of secret policies governing the intelligence sharing relationship were made public during legal proceedings.

This landmark judgement marked the first time the Tribunal – the only UK court empowered to oversee GCHQ, MI5 and MI6 – had found against the agencies in its 15-year history.

Operating in “near complete secrecy”

James Welch, legal director for Liberty, said: “It is thanks only to Edward Snowden’s revelations, and the scant disclosures we and the other claimants have been able to prise from the Government, that we know anything whatsoever about what the intelligence services are up to. The Tribunal believes that there are sufficient safeguards to protect us from industrial-scale abuse of our privacy. We disagree, and hope the European Court will finally make clear to our security services that they cannot operate in near complete secrecy.”

The use of and access to surveillance by UK public bodies is regulated by the Regulation of Investigatory Powers Act 2000 (RIPA). Liberty believes this broad and confusing framework must be overhauled to ensure intrusions into personal privacy are all properly authorised and comply with the Human Rights principles of necessity and proportionality.

Carly Nyst, legal director at Privacy International, added: “Mass surveillance is a violation of our fundamental rights. Intercepting millions of communications every day and secretly receiving millions more from the the NSA by the back door is neither necessary nor proportionate.”

Nyst continued: “While the Investigatory Powers Tribunal sided with GCHQ and against the rights of millions of people, Europe’s highest Human Rights court has a strong history of ensuring intelligence agencies are compliant with Human Rights law. We hope that the Court continues this tradition and that GCHQ is finally held accountable for its unfettered spying on the world’s communications.”

Nick Williams, Amnesty International’s legal counsel, said: “The UK Government’s surveillance practices have been allowed to continue unabated and on an unprecedented scale, with major consequences for people’s privacy and freedom of expression. No-one is above the law and the European Court of Human Rights now has a chance to make that clear.”

*The Parties in the case are the American Civil Liberties Union, Amnesty International, Bytes for All, the Canadian Civil Liberties Association, the Egyptian Initiative for Personal Rights, the Hungarian Civil Liberties Union, the Irish Council for Civil Liberties, the Legal Resources Centre, Liberty and Privacy International.

**The December 2014 Investigatory Powers Tribunal judgment can be read here

***The February 2015 judgement may be accessed here

About the Author
Brian Sims BA (Hons) Hon FSyI, Editor, Risk UK (Pro-Activ Publications) Beginning his career in professional journalism at The Builder Group in March 1992, Brian was appointed Editor of Security Management Today in November 2000 having spent eight years in engineering journalism across two titles: Building Services Journal and Light & Lighting. In 2005, Brian received the BSIA Chairman’s Award for Promoting The Security Industry and, a year later, the Skills for Security Special Award for an Outstanding Contribution to the Security Business Sector. In 2008, Brian was The Security Institute’s nomination for the Association of Security Consultants’ highly prestigious Imbert Prize and, in 2013, was a nominated finalist for the Institute's George van Schalkwyk Award. An Honorary Fellow of The Security Institute, Brian serves as a Judge for the BSIA’s Security Personnel of the Year Awards and the Securitas Good Customer Award. Between 2008 and 2014, Brian pioneered the use of digital media across the security sector, including webinars and Audio Shows. Brian’s actively involved in 50-plus security groups on LinkedIn and hosts the popular Risk UK Twitter site. Brian is a frequent speaker on the conference circuit. He has organised and chaired conference programmes for both IFSEC International and ASIS International and has been published in the national media. Brian was appointed Editor of Risk UK at Pro-Activ Publications in July 2014 and as Editor of The Paper (Pro-Activ Publications' dedicated business newspaper for security professionals) in September 2015. Brian was appointed Editor of Risk Xtra at Pro-Activ Publications in May 2018.

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