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| UK spy agencies broke privacy rules says tribunal | |
| (about 2 hours later) | |
| UK spy agencies broke privacy rules by collecting large amounts of UK citizens' data without adequate oversight, the Investigatory Powers Tribunal (IPT) has ruled. | UK spy agencies broke privacy rules by collecting large amounts of UK citizens' data without adequate oversight, the Investigatory Powers Tribunal (IPT) has ruled. |
| Complaints about data collection by GCHQ, MI5 and MI6 were put forward by campaign group Privacy International. | Complaints about data collection by GCHQ, MI5 and MI6 were put forward by campaign group Privacy International. |
| The ruling said some data collection did not comply with the European Convention on Human Rights (ECHR). | The ruling said some data collection did not comply with the European Convention on Human Rights (ECHR). |
| But it added that proper statutory supervision was put in place last year. | But it added that proper statutory supervision was put in place last year. |
| It was a "highly significant judgement", Privacy International said. | It was a "highly significant judgement", Privacy International said. |
| As part of its review of the spy agencies' activities, the IPT examined the organisations' collection of communications data - involving the "who, where, when, how and with whom" was involved in conversations, but not their contents - and personal information about people. | As part of its review of the spy agencies' activities, the IPT examined the organisations' collection of communications data - involving the "who, where, when, how and with whom" was involved in conversations, but not their contents - and personal information about people. |
| Such data is "vital for identifying and developing intelligence targets", according to GCHQ. | Such data is "vital for identifying and developing intelligence targets", according to GCHQ. |
| Article 8 of the ECHR states, however, that all citizens have the right to a private life and that any interference with personal data must be lawful and necessary. | Article 8 of the ECHR states, however, that all citizens have the right to a private life and that any interference with personal data must be lawful and necessary. |
| "It is very significant," said Graham Smith of London law firm Bird & Bird. | "It is very significant," said Graham Smith of London law firm Bird & Bird. |
| He added that much of the data collection had been carried out under an older piece of law - section 94 of the Telecommunications Act 1984. | He added that much of the data collection had been carried out under an older piece of law - section 94 of the Telecommunications Act 1984. |
| "It gave absolutely no clue at all that it could be used for this particular purpose," said Mr Smith. | "It gave absolutely no clue at all that it could be used for this particular purpose," said Mr Smith. |
| "Everyone accepts that what the agencies do operationally has to be secret, but the laws that say what they can and can't do shouldn't be secret." | "Everyone accepts that what the agencies do operationally has to be secret, but the laws that say what they can and can't do shouldn't be secret." |
| 'Unlawful' collection | 'Unlawful' collection |
| An official policy about how such data collection should be carried out lawfully came into force in February 2015 - this was put into practice by the intelligence agencies later the same year. | An official policy about how such data collection should be carried out lawfully came into force in February 2015 - this was put into practice by the intelligence agencies later the same year. |
| It included guidance as to how collected data should be acquired, managed and destroyed | It included guidance as to how collected data should be acquired, managed and destroyed |
| The tribunal found that, prior to this, personal datasets compiled by spy agencies did not comply with Article 8 and were therefore "unlawful". | The tribunal found that, prior to this, personal datasets compiled by spy agencies did not comply with Article 8 and were therefore "unlawful". |
| "The powers available to the security and intelligence agencies play a vital role in protecting the UK and its citizens," said the Home Office in a statement. | "The powers available to the security and intelligence agencies play a vital role in protecting the UK and its citizens," said the Home Office in a statement. |
| "We are therefore pleased the tribunal has confirmed the current lawfulness of the existing bulk communications data and bulk personal dataset regimes." | "We are therefore pleased the tribunal has confirmed the current lawfulness of the existing bulk communications data and bulk personal dataset regimes." |
| It added that the government was "committed" to providing greater transparency and stronger safeguards for bulk data collection powers available to intelligence agencies. | It added that the government was "committed" to providing greater transparency and stronger safeguards for bulk data collection powers available to intelligence agencies. |