Monday, July 29th, 2019 (1:16 pm) - Score 1,682

The UK High Court has dismissed Liberty‘s legal challenge against the Government’s bulk data retention policy in its 2016 Investigatory Powers Act (IPAct), which is a mass surveillance approach that also catches innocent peoples communications data (i.e. phone, mobile and internet activity). The group expects to appeal.

The IPAct supports various measures such as targeted interceptions of communications, computer hacking for investigations and it forces providers (e.g. phone, mobile and fixed line broadband ISPs) to log the basic calls / internet activity of all their customers for up to 12 months (Internet Connection Records). The actual content of your communications can only be accessed upon receipt of a warrant.

However, despite the case revealing some serious lapses in compliance by MI5 (here), Liberty’s challenge – which believed that the IPAct’s powers were too broad and thus breached the citizens’ rights to privacy and freedom of expression as enshrined by the European Convention on Human Rights (ECHR) – was dismissed by Lord Justice Singh and Mr Justice Holgate.

In their summing up the judges noted how the very fact that MI5’s failings had come to light and were being acted upon showed that the safeguards built in to the IPAct worked. The ruling also found that the IPAct did not breach journalists’ freedom of expression and included adequate protection.

Ruling Summary: “We have reached the conclusion that the safeguards in Investigatory Powers Act are sufficient to prevent the risk of abuse of discretionary power and the Act is therefore not incompatible with the (ECHR) on the ground that it does not comply with the concept of law.”

Liberty are obviously disappointed with the judgement and a spokesperson said it “allows the Government to continue to spy on every one of us, violating our rights to privacy and free expression.” The group plans to appeal today’s judgement in the courts.