Cases Investigatory Powers Tribunal

ipt complaints vs complaints upheld 2001-2008

one of ipt s few published rulings concerns high-profile case of family placed under surveillance poole borough council in order investigate claims family not living in school catchment area claimed. ipt ruled use of covert surveillance council not appropriate.

in 2010, ipt produced annual report first time. report provided statistics relating outcomes of complaints. stated 210 complaints considered in 2010 (including carried on previous year) 105 (50%) of these cases inadmissible , not investigated. includes cases withdrawn, malformed, out of time, out of jurisdiction or, commonly, frivolous or vexatious . sixty-five cases considered ipt frivolous or vexatious—generally either unsustainable or repeats of previous complaints.

in 2012, ipt provided statistics relating number of new complaints received , considered on course of year, did not specify whether had been upheld.

following global surveillance disclosures edward snowden in 2013, british government submitted documents tribunal showed first time intelligence services access raw material collected in bulk national security agency (nsa), , other foreign spy agencies, without warrant. appeared contradict assurances given in july 2013 parliamentary intelligence , security committee stated in cases in gchq obtained intelligence warrant signed minister.

on 6 november 2014, official documents disclosed ipt intelligence agencies revealed guidance policies allowed staff access confidential communications between lawyers , clients. privileged relationship strictly protected under british law, , leading campaigners said disclosures had troubling implications whole british justice system . release of documents resulted claim brought on behalf of 2 libyan men had sued british government alleged complicity in detention , subsequent rendition libyan authorities. british government refused make full statement concerning revelations contained in documents, saying did not comment on ongoing legal proceedings.

the ipt ruled in december 2014 gchq did not breach european convention on human rights, , activities compliant articles 8 (right privacy) , 10 (freedom of expression) of european convention of human rights. however, in february 2015, tribunal refined earlier judgement , ruled aspects of data-sharing arrangement allowed uk intelligence services request data surveillance programmes prism , upstream did contravene said articles and, such, illegal between – @ least - 2007, when prism introduced, , 2014, when 2 paragraphs of additional information, providing details procedures , safeguards, disclosed public in december 2014.

furthermore, ipt ruled legislative framework in united kingdom not permit mass surveillance , while gchq collects , analyses data in bulk, not practice mass surveillance. complements independent reports interception of communications commissioner, , special report made intelligence , security committee of parliament.

in 2015, 3 parliamentarians took case ipt wilson doctrine, parliamentarians communications should not tapped, being broken. ipt panel, headed 2 senior high court judges, found wilson doctrine not enforceable in law , not impose legal restraints on intelligence agencies. said mps have same level of legal protection general public when comes interception of communications, , lawyers , journalists have more protection due human rights law. subsequently, prime minister , home secretary said in parliament protection of mps communications being intercepted still applies not extend blanket ban on surveillance. draft investigatory powers bill includes provision place wilson doctrine on statutory footing first time.