In late 2009, the Supreme Court ruled that, even where a challenge to the use of the investigatory powers is based on human rights grounds, the challenge must be taken to the IPT instead of via judicial review in the High Court - see R (A) v B [2009] UKSC 12 . Given the secretive nature of the IPT this is regarded by many as inherently unjust and alien to the general English culture of open adjudication.
The Guardian 2nd August published an article arguing that it is time to Review the Tribunal. Further information about the IPT may be read at Security Services.
Law and Rights
The Investigatory Powers Tribunal (IPT) was set up by the Regulation of Investigatory Powers Act 2000 s. 65 - (often referred to as RIPA). Investigatory powers which may be authorised are: interception of communications; acquisition and disclosure of communications data; surveillance and covert human intelligence sources and investigation of data protected by encryption. The 2000 Act provides for some scrutiny over the use of these powers. There is an Interception of Communications Commissioner; an Intelligence Services Commissioner and there is the Investigatory Powers Tribunal. Numerous public authorities - including local councils - are entitled to use certain of the powers. It is a matter of serious concern that so many public bodies are equipped with these powers and that they are frequently used for the investigation of relatively low level activity some of which may not even be unlawful.
The IPT has recently decided Paton v Poole Borough Council where a mother was secretly investigated in relation to what the Council perceived to be her attempt to avoid the Council's school allocation policy. The case is well-covered on the Panopticon Blog which is managed by barristers at 11 King's Bench Walk. The investigation against Mrs Paton including monitoring movements of family members and their car and examining the contents of their rubbish. The Tribunal ruled that investigating a potentially fraudulent school application was not a proper purpose for the use of the RIPA powers.
- Open Letter On The Uk's Data Retention And Investigatory Powers Bill
Tuesday 15thJuly 2014 To all Members of Parliament,Re: An open letter from UK internet law academic experts On Thursday 10 July the Coalition Government (with support from the Opposition) published draft emergency legislation, the Data Retention and...
- Draft Investigatory Powers Bill (2) - Some Of The Early Reaction
The Draft Investigatory Powers Bill has attracted a considerable amount of initial reaction. For details of the Bill and links to the various reports that have influenced the Bill's content see Draft Investigatory Powers Bill (1). The Homes...
- Investigative Powers ~ An Important Report
Updated The Independent Reviewer of Terrorism Legislation fulfills a vital role in the scrutiny of powers given to the executive and law enforcement agencies. In 2014, the Data Retention and Investigatory Powers Act (DRIP) was hurriedly enacted in just...
- Counter Terrorism And Security Bill - Joint Committee On Human Rights
Updated 13th January The Joint Committee on Human Rights has issued its report on the Counter Terrorism and Security Bill and has called for better safeguards in a number of areas. The Committee's Conclusions and Recommendations are HERE. Report:...
- "big Brother" Powers - The Protection Of Freedoms Bill No. 5
"Big brother" was the dictator of the totalitarian State "Oceania" in George Orwell's famously predictive book "1984." Life in the "Airstrip One" province of Oceania was one of perpetual war, ceaseless surveillance by the government and...
Law and Rights
An important tribunal of which seems to be little known
The IPT has recently decided Paton v Poole Borough Council where a mother was secretly investigated in relation to what the Council perceived to be her attempt to avoid the Council's school allocation policy. The case is well-covered on the Panopticon Blog which is managed by barristers at 11 King's Bench Walk. The investigation against Mrs Paton including monitoring movements of family members and their car and examining the contents of their rubbish. The Tribunal ruled that investigating a potentially fraudulent school application was not a proper purpose for the use of the RIPA powers.
- Open Letter On The Uk's Data Retention And Investigatory Powers Bill
Tuesday 15thJuly 2014 To all Members of Parliament,Re: An open letter from UK internet law academic experts On Thursday 10 July the Coalition Government (with support from the Opposition) published draft emergency legislation, the Data Retention and...
- Draft Investigatory Powers Bill (2) - Some Of The Early Reaction
The Draft Investigatory Powers Bill has attracted a considerable amount of initial reaction. For details of the Bill and links to the various reports that have influenced the Bill's content see Draft Investigatory Powers Bill (1). The Homes...
- Investigative Powers ~ An Important Report
Updated The Independent Reviewer of Terrorism Legislation fulfills a vital role in the scrutiny of powers given to the executive and law enforcement agencies. In 2014, the Data Retention and Investigatory Powers Act (DRIP) was hurriedly enacted in just...
- Counter Terrorism And Security Bill - Joint Committee On Human Rights
Updated 13th January The Joint Committee on Human Rights has issued its report on the Counter Terrorism and Security Bill and has called for better safeguards in a number of areas. The Committee's Conclusions and Recommendations are HERE. Report:...
- "big Brother" Powers - The Protection Of Freedoms Bill No. 5
"Big brother" was the dictator of the totalitarian State "Oceania" in George Orwell's famously predictive book "1984." Life in the "Airstrip One" province of Oceania was one of perpetual war, ceaseless surveillance by the government and...