Scottish Human Rights Law Group

Submission contributed by Maria Clarke

The ECHR ruled unanimously that the UK regime governing secret surveillance of individuals did not interfere with the Applicant’s private life as guaranteed by Art 8 of the ECHR.  It was determined that the interference with private life which the surveillance measures entail, was legitimate having as its aim the protection of national security and economic well being of the country.  It also sought to prevent crime.  The Regulation of Investigatory Powers Act 2000 was available on the internet and was therefore accessible.  The court further noted that in contrast with other countries, warrants for internal communications had to relate to one person only or to one set of premises and were therefore restrictive and did not provide unlimited discretion.  The data was to be destroyed as soon as no longer necessary and detailed records of warrants were to be kept.  Additionally the regime was supervised by an independent commissioner who prepared an annual report which was a public document and laid before Parliament.  The court further noted the existence and extensive jurisdiction of the Investigatory Powers Tribunal to examine complaints of unlawful interception of communications.  Any person could apply to the Tribunal which has extensive powers to access closed material and order production from the commissioner of any documents it considers relevant.  The Tribunal has powers to quash interception orders , require destruction of material and can order compensation.  Its rulings are published thus increasing scrutiny of the surveillance provisions.

See Times Law Report, 3 June 2010