Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

GCHQ’s mass data interception violated right to privacy, court rules

GCHQ’s mass data interception violated right to privacy, court rules

Human rights judgment follows legal challenge begun in 2013 after Edward Snowden’s whistleblowing revelations
The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.

In what was described as a “landmark victory” by Liberty, one of the applicants, the judges also found the bulk interception regime breached the right to freedom of expression and contained insufficient protections for confidential journalistic material but said the decision to operate a bulk interception regime did not of itself violate the European convention on human rights.

The chamber, the ultimate court of the ECHR, also concluded that GCHQ’s regime for sharing sensitive digital intelligence with foreign governments was not illegal.

The grand chamber judgment is the culmination of a legal challenge to GCHQ’s bulk interception of online communications begun in 2013 by Big Brother Watch and others after Edward Snowden’s whistleblowing revelations concerning the interception, processing and storing of data about millions of people’s private communications by the eavesdropping agency.

The case concerned the interception regime previously operated by GCHQ, which was replaced in 2016 by the Investigatory Powers Act (IPA).

In Tuesday’s ruling, which confirmed elements of a lower court’s 2018 judgment, the judges said they had identified three “fundamental deficiencies” in the regime. They were that bulk interception had been authorised by the secretary of state, and not by a body independent of the executive; that categories of search terms defining the kinds of communications that would become liable for examination had not been included in the application for a warrant; and that search terms linked to an individual (that is to say specific identifiers such as an email address) had not been subject to prior internal authorisation.

Its judgment stated: “In order to minimise the risk of the bulk interception power being abused, the court considers that the process must be subject to ‘end-to-end safeguards’, meaning that, at the domestic level, an assessment should be made at each stage of the process of the necessity and proportionality of the measures being taken; that bulk interception should be subject to independent authorisation at the outset, when the object and scope of the operation are being defined; and that the operation should be subject to supervision and independent ex post facto (retrospective) review.”

Liberty’s lawyer Megan Goulding said: “Bulk surveillance powers allow the state to collect data that can reveal a huge amount about any one of us – from our political views to our sexual orientation. These mass surveillance powers do not make us safer.

“Our right to privacy protects all of us. Today’s decision takes us another step closer to scrapping these dangerous, oppressive surveillance powers, and ensuring our rights are protected.”

Liberty said the decision would allow its challenge to the IPA – nicknamed the “snooper’s charter” by critics – to proceed in the UK courts, having been stayed pending the chamber’s decision.

Other applicants stressed that there was still plenty of work to be done to protect privacy, while some of the 17 dissenting judges said the ruling had not gone far enough.

Ilia Siatitsa, acting legal director at Privacy International, said it was “an important win for privacy and freedom for everyone in the UK and beyond” but added: “It is not the end.”

Jim Killock, executive director of the Open Rights Group, said: “The court has set out clear criteria for assessing future bulk interception regimes, but we believe these will need to be developed into harder red lines in future judgments, if bulk interception is not to be abused.”

One of the partially dissenting judges, Paulo Pinto de Albuquerque said the ruling had opened the gates for an electronic “Big Brother” in Europe. Four other judges also partially dissented from the majority opinion, disagreeing with the finding that the regime for sharing sensitive digital intelligence with foreign governments was not illegal. Three of the dissenting judges quoted from George Orwell’s Nineteen Eighty-Four: “There was of course no way of knowing whether you were being watched at any given moment.”

Snowden’s 2013 revelations included details of an operation codenamed Tempora, which tapped into and stored huge volumes of data drawn from fibre-optic cables.

A government spokesperson said: “The UK has one of the most robust and transparent oversight regimes for the protection of personal data and privacy anywhere in the world. This unprecedented transparency sets a new international benchmark for how the law can protect both privacy and security whilst continuing to respond dynamically to an evolving threat picture.

“The 2016 Investigatory Powers Act has already replaced large parts of the 2000 Regulation of Investigatory Powers Act (RIPA) that was the subject of this challenge. We note today’s judgment.”
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
U.S. and Hungarian Officials Talk About Economic Collaboration and Sanctions Strategy
Technology Giants Activate Lobbying Campaigns Against Strict EU Regulations
Pope Francis Admitted to Hospital in Rome Amid Increasing Speculation on Succession
Zelensky Calls on World Leaders to Back Peace as Tensions Rise with Trump
UK Leader Keir Starmer Calls for US Security Guarantee in Ukraine Peace Deal
NATO Chief Urges Higher Defense Expenditure in Europe
The negotiation teams of Trump and Putin meet directly, establishing the groundwork for a significant advancement.
Rubio Touches Down in Riyadh Before Key U.S.-Russia Discussions
Students in Serbian universities Unite to Hold Coordinated Protests for Accountability.
US State Department Removes Taiwan Independence Statement from Website
Abolishing opposition won't protect Germany from Nazism—this is precisely what led Germany to become Nazi!
Transatlantic Gold Rush: Traders Shift Bullion in Response to Tariff Anxieties and Market Instability
Bill Ackman Backs Uber as the Company Shifts Towards Profitability
AI Titans Challenge Nvidia's Supremacy in Light of New Chip Innovations
US and Russian Officials to Meet in Saudi Arabia Over Ending Ukraine Conflict. Ukraine and European leaders – who profit from this war – excluded from the negotiations.
Macron Calls for Urgent Summit as Ukraine Conflict Business Model is Threatened
Trump’s Defense Secretary: Ukraine Won’t Join NATO or Regain Lost Territories
Zelensky Urges Europe to Bolster Its Military in Light of Uncertain US Backing
Chinese Zoo Confesses to Dyeing Donkeys to Look Like Zebras
Elon Musk is Sherlock Holmes - Movie Trailer Parody featuring Donald Trump's Detective
Trump's Greenland Suggestion Sparks Sovereignty Discussions Amid Historical Grievances
OpenAI Board Dismisses Elon Musk's Offer to Acquire the Company.
USAID Uncovered: American Taxpayer Funds Leveraged to Erode Democracy in Europe Until Trump Put a Stop to It.
JD Vance and Scholz Did Not Come Together at the Munich Security Conference.
EU Official Participates in Discussions in Washington Amid Trade Strains
Qatar Contemplates Reducing French Investments Due to PSG Chief Investigation
Germany's Green Agenda Encounters Ambiguity Before Elections
Trump Did Not Notify Germany's Scholz About His Ukraine Peace Proposal.
Munich Car Attack Escalates Migration Discourse Before German Elections
NATO Allies Split on Trump's Proposal for 5% Defense Spending Increase
European Parliament Advocates for Encrypted Messaging to Ensure Secure Communications
Trump's Defense Spending Goal Creates Division Among NATO Partners
French Prime Minister Bayrou Navigates a Challenging Path Amid Budget Preservation and Immigration Discourse
Steering Through the Updated Hierarchy at the European Commission
Parliamentarian Calls for Preservation of AI Liability Directive
Mark Rutte Calls on NATO Allies to Increase Defence Expenditures
Dresden Marks the 80th Anniversary of the World War II Bombing.
Global Community Pledges to Aid Syria's Political Transition
EU Allocates €200 Billion for AI Investments, Introduces €20 Billion Fund for Gigafactories
EU Recognizes Its Inability to Close the USAID Funding Shortfall Due to Stalled US Aid
Commission President von der Leyen Missing from Notre Dame Reopening Due to Last-Minute Cancellation
EU Officializes Disinformation Code for Online Platforms, Omitting X
EU Fails to Fully Implement Key Cybersecurity Directives
EU Under Fire for Simplification Discussions Regarding Corporate Sustainability Reporting
Shein Encountering Further Information Request from the EU During Ongoing Investigation
European Commission Initiates Investigation into Shein as It Aims at Chinese E-Commerce Regulations
German Officials Respond to U.S. Proposal for Peace Talks with Russia
Senate Approves Robert F. Kennedy Jr. as Secretary of Health and Human Services.
Trump and Putin Engage in Discussions on Ukraine Peace Negotiations Amid Worldwide Responses
Honda and Nissan End Merger Talks
×