Privacy International v. Secretary of State for Foreign and Commonwealth Affairs et al. 

Reference: Case No. IPT/15/110/CH 

Venue: Investigatory Powers Tribunal 

Commenced: 08.06.2015

Hearing date: 26 July 2016, Investigatory Powers Tribunal

Skeleton arguments for Claimant and Respondents can be accessed here.

On 8 June 2015 Privacy International filed a legal challenge in the Investigatory Powers Tribunal, about whether the acquisition, use, retention, disclosure, storage and deletion of Bulk Personal Datasets is in accordance with the law and necessary and proportionate. Bulk Personal Datasets were first avowed on 12 March 2015 in the Intelligence and Security Committee report. 

The Claimant’s (Privacy International) detailed grounds were filed on 10 September 2015 and re-amended on 8 January 2016 following disclosures regarding the use of section 94 of the Telecommunications Act 1984 to include a challenge to the use of section 94 of the Telecommunications Act. A detailed Request for Further Information was also sent on 8 January 2016. 

The Respondents’ provided an amended response which provides detail on the use of section 94 and significant avowals relating to the use of section 94 by GCHQ and the Security Service to acquire Bulk Communications Data since 1998 and 2005 respectively and their Response to the Claimant’s Request for Further Information.
 
In April 2016 PI received:

• 1. The Respondents’ Closed Response to the Claimant’s Request for Further Information and Disclosure
• 2. The Closed Response of the Respondents annex with opened up text

In July there were further Requests for Information and Responses

• 3. Claimant’s supplemental request for further information and disclosure
• 4. Respondents’ response to Claimant’s request for further information on oversight by IOCCO and IOC
• 5. Respondents’ amended response to the Claimant’s supplemental request for further information and disclosure

In May the Claimant served witness statements and in July statements were received from GCHQ, MI5 and SIS

• 6. Witness statements of Claimant
• 7. Witness statements of Respondents : GCHQ, MI5 and SIS

Exhibits to Respondents’ witness statements are listed here.

Other documents and disclosure

• 8. Orders
• 9. IOCCO correspondence disclosed 17.05.2016
• 10. Letter GLD to Bhatt Murphy 11.04.2016
• 11. Home Office correspondence disclosed 29.06.2016
• 12. Various further documentation disclosed 15.07.2016
  • 12.1 Document provided in response to request 7 – IOCCO inspection reports 2011 – 2015
  • 12.2 Documentation provided in response to request 8
  • 12.3 Documentation provided in response to request 10
  • 12.4 Documentation provided in response to request 28
  • 12.5 Documentation provided in response to request 29
  • 12.6 Documentation provided in response to request 52
  • 12.7 Documentation provided in response to request 97
  • 12.8 GCHQ file notes
  • 12.9 Review of Agency Handling of Bulk Personal data
• ​13. Policies, procedures and safeguards operated by the Respondents since June 2014. We have listed these documents here.
• 14. Historical documents including policies and procedures dating from June 2005 to May 2014. We have listed these documents here.
• 15. Respondents’ closed response and exhibits. We have listed these exhibits here.
• 16. International Telephone Access Code Section 94 direction
• 17. Section 94 direction

Comments & Blogs

- Blog at the time we filed the legal complaint : https://www.privacyinternational.org/node/594

- The Interception of Communications Commissioner's Office (IOCCO) new report questions lawfulness of the use of secret Section 94 powers for mass surveillance: https://www.privacyinternational.org/node/890

- New document reveals that GCHQ and MI5 stretched the law to breaking point: https://www.privacyinternational.org/node/872 

- The steady drip of the erosion of privacy: https://www.privacyinternational.org/node/854