Sadiq Khan to ‘significantly increase’ stop and search in London – The Independent

Posted January 11th, 2018 in crime prevention, investigatory powers, London, news, police, stop and search by tracey

‘There will be a “significant increase” in targeted stop and searches by police in London as part of efforts to combat rising violent crime, Sadiq Khan has said.’

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The Independent, 10th January 2018

Source: www.independent.co.uk

Undercover policeman’s son sues force after discovering his father was an officer ‘left him with depression’ – Daily Telegraph

Posted December 5th, 2017 in compensation, families, investigatory powers, mental health, news, police by tracey

‘A man who says he suffered a depressive illness as a result of discovering his father was an undercover police officer rather than a political activist has won the latest round of a High Court compensation battle with the Metropolitan Police.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

UK admits that Investigatory Powers Act needs updated to comply with EU law – OUT-LAW.com

‘The Investigatory Powers Act needs to be updated if it is to comply with EU law, the UK government has admitted.’

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OUT-LAW.com, 1st December 2017

Source: www.out-law.com

Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses – UK Constitutional Law Association

‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’

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UK Constitutional Law Association, 4th December 2017

Source: ukconstitutionallaw.org

UK police to lose phone and web data search authorisation powers – The Guardian

Posted December 1st, 2017 in internet, investigatory powers, news, police, telecommunications by tracey

‘Senior police officers are to lose the power to self-authorise access to personal phone and web browsing records under a series of late changes to the snooper’s charter law proposed by ministers in an attempt to comply with a European court ruling on Britain’s mass surveillance powers. A Home Office consultation paper published on Thursday also makes clear that the 250,000 requests each year for access to personal communications data by the police and other public bodies will in future be restricted to investigations into crimes that carry a prison sentence of at least six months.’

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The Guardian, 30th November 2017

Source: www.theguardian.com

Can you draw a line between this case and Anisminic? – UK Human Rights Blog

Posted November 28th, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’

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UK Human Rights Blog, November 2017

Source: ukhumanrightsblog.com

Computer Imaging and Inspection for Misuse of Confidential Information: Cox V Spencer [2017] EWHC 2552 (QB) – Blackstone Chambers

Posted November 23rd, 2017 in computer programs, contracting out, costs, investigatory powers, news by sally

‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’

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Blackstone Chambers, 13th November 2017

Source: www.employeecompetition.com

Privacy International v Investigatory Powers Tribunal – Blackstone Chambers

Posted November 23rd, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’

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Blackstone Chambers, 23rd November 2017

Source: www.blackstonechambers.com

Consultation launched into new right of appeal at Investigatory Powers Tribunal – Home Office

Posted October 3rd, 2017 in appeals, consultations, investigatory powers, news, tribunals by sally

‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’

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Home Office, 29th September 2017

Source: www.gov.uk

UK surveillance and spying watchdog begins work – The Guardian

Posted September 1st, 2017 in intelligence services, investigatory powers, news, warrants by sally

‘An expanded watchdog charged with regulating the intelligence services and surveillance by state agencies has officially begun work.’

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The Guardian, 1st September 2017

Source: www.theguardian.com

Prevent Duty Guidance withstands “clamorous” criticism – Marina Wheeler QC – UK Human Rights Blog

‘In the wake of the London and Manchester attacks, the government’s counter-terrorism strategy is increasingly in the news and under scrutiny. Radicalisation is a difficult concept to map on to a system like ours, which separates the definition of criminal behaviour and punishment from civil sanctions. In this week’s podcast, Marina Wheeler discusses some of the ways the law is trying to cope (Law Pod UK Episode 8, available on Monday 7 August). She and others from 1 Crown Office Row will be discussing this and related issues at a seminar on Monday 11 September. You will find full details at the end of this post.’

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UK Human Rights Blog, 5th August 2017

Source: ukhumanrightsblog.com

Launch of consultation on Criminal Finances Act Codes of Practice – Home Office

‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’

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Home Office, 31st July 2017

Source: www.gov.uk

Data protection: GDPR and employee surveilance – Law Society’s Gazette

Posted July 31st, 2017 in data protection, EC law, employment, investigatory powers, news, privacy by sally

‘At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment Practices Code is an important document to follow to avoid DPA breaches. It covers all types of employee surveillance.’

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Law Society's Gazette, 31st July 2017

Source: www.lawgazette.co.uk

Stop and search is not used fairly, most young BAME people believe – The Guardian

‘Three-quarters of young black and minority ethnic (BAME) people believe they and their communities are being targeted unfairly by stop and search despite a steep decline in the use of the controversial tactic, according to new research.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Government inspectors should enforce workers’ rights, says Law Society – The Guardian

‘Government-backed inspectors should be able to investigate companies and entire industries to prevent unscrupulous companies falsely labelling workers as self-employed, according to a leading legal body.’

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The Guardian, 21st June 2017

Source: www.theguardian.com

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism? – UK Constitutional Law Association

‘Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism. Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as former DPP responsible for the prosecution of terrorist cases. Who is right? There is no point in pretending that human rights do not present legal constraints on counterterrorism powers. Nevertheless, the constraints that do exist are certainly not as restrictive as rights opponents would like us to believe. Moreover, it is crucial to distinguish between legal constraints, and the notion that these constraints constitute practical impediments on the effective prevention and punishment of terrorism. The debate is full of confusion between the two. This post will deal only with the first question of legal constraints, as the second is a matter of empirical proof. Before we can proceed with the normative project of changing human rights protections, a process that has far wider implications for human rights in general and our liberal democratic culture, any government has to provide persuasive evidence that human rights do in fact stand in the way of security. The present government, for as long as it lasts, would also need to dispose of the charge that a 13 % reduction in police numbers over the last six years is less significant in the fight against terror, than the human rights constraints that guide police action.’

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UK Constitutional Law Association, 15th June 2017

Source: ukconstitutionallaw.org

EU judges may be asked to rule on legality of UK surveillance powers – The Guardian

‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

No ‘judicial consent’ needed for MI5 to quiz ‘ward of court’ teens, judge rules – Daily Telegraph

‘MI5 agents and anti-terror police have been given the go-ahead to question teenagers placed under the control of family court judges as a result of radicalisation fears.’

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Daily Telegraph, 5th May 2017

Source; www.telegraph.co.uk

‘Downward spiral’: UK slips to 40th place in press freedom rankings – The Guardian

Posted April 27th, 2017 in freedom of expression, investigatory powers, media, news by sally

‘Journalists in the UK are less free to hold power to account than those working in South Africa, Chile or Lithuania, according to an index of press freedom around the world.’

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The Guardian, 26th April 2017

Source: www.guardian.co.uk

Government ‘blocked’ from accessing Twitter data to help spot terrorist plots – Daily Telegraph

Posted April 26th, 2017 in internet, investigatory powers, news, privacy, terrorism by sally

‘Twitter has blocked the Government from accessing data on potential terrorist threats in a move that ministers fear will make the country less safe, industry sources have told The Telegraph.’

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Daily Telegraph, 25th April 2017

Source: www.telegraph.co.uk