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Content Type: Long Read
What’s the ruling all about?
The Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid. Furthermore, the Constitutional Court found that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 1) was deficient in failing to provide at least a post-notification procedure for subjects of interception; 2) failed to ensure the…
Content Type: Long Read
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
What’s the ruling all about?
In…
Content Type: Long Read
It is common ground that bulk collection of content would be a deprivation of the right to privacy. That is an inexcusable or unjustifiable step too far. Repeatedly the Government whether in litigation or legislating, has emphasised that they are not taking content in bulk. Content is the forbidden ground.
This has resulted in the Government seeking to explain, for example, what parts of an email would constitute content and meta data. Within the Investigatory Powers Act it has led to the…