Category: investigatory powers
Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH
‘Alexandra Wilson provides an update on the latest Encrochat position following the judgment in A, B, D & C v Regina [2021] EWCA Crim 128.’
5SAH, 18th February 2021
Source: www.5sah.co.uk
Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog
In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.
UKSC Blog, 24th February 2021
Source: ukscblog.com
Implants, Interception and the Admissibility of EncroChat Data – Broadway House Chambers
‘On 05 February 2021, the Court of Appeal judgment in the case of A & Others [2021] EWCA Crim 128 was published. The judgment effectively dismissed arguments to stop the use of data obtained from the EncroChat communications network in legal proceedings. Put simply, judges ruled that the data obtained by French and Dutch law enforcement by hacking EncroChat servers did not constitute “interception” and therefore did not contravene the statutory provisions as set out in the Investigatory Powers Act 2016.’
Broadway House Chambers, 8th February 2021
Source: broadwayhouse.co.uk
As a victim of undercover police spying, this inquiry has left me bruised, but buoyed – The Guardian
‘Uncovering that my partner was ‘Mark Kennedy’ was traumatic, but there’s hope in being part of something bigger than myself.’
The Guardian, 25th November 2020
Source: www.theguardian.com
Met police told 40% of recruits must be from BAME backgrounds – The Guardian
‘Britain’s biggest police force must hire 40% of new recruits from ethnic minority backgrounds, while officers will have to justify stop and search to community panels under new plans designed to quell the race crisis engulfing Scotland Yard.’
The Guardian, 13th November 2020
Source: www.theguardian.com
Met Police traffic stops to be reviewed as part of Action Plan – BBC News
‘Mayor of London Sadiq Khan has called for police traffic stops to be reviewed to look at whether black people are disproportionately affected by some police tactics.’
BBC News, 13th November 2020
Source: www.bbc.co.uk
Black people nine times more likely to face stop and search than white people – The Guardian
‘Black people are nine times more likely to be stopped and searched by police than white people, official figures for England and Wales show.’
The Guardian, 27th October 2020
Source: www.theguardian.com
Individual privacy versus national security: where is the line? – Lamb Chambers
‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting “general and indiscriminate” access of bulk communications data to MI5, MI6 and GCHQ.’
Lamb Chambers, October 2020
Source: www.lambchambers.co.uk
New stop and search powers for convicted knife criminals – Home Office
‘Serious Violence Reduction Orders (SVROs) are designed to ensure repeat offenders are more likely to be caught and put in prison.’
Home Office, 14th September 2010
Source: www.gov.uk/home-office
Stop and search: Ministers launch consultation on extending powers for known knife offenders – The Independent
‘Ministers have launched a consultation to give police greater powers to stop and search individuals with prior knife convictions.’
The Independent, 14th September 2020
Source: www.independent.co.uk
Ensuring the lawfulness of automated facial recognition surveillance in the UK – Oxford Human Rights Hub
‘In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV cameras capture images of the public, which are then compared with digital images of persons on a watchlist.’
Oxford Human Rights Hub, 3rd September 2020
Source: ohrh.law.ox.ac.uk
Facial Recognition Technology not “In Accordance with Law” – UK Human Rights Blog
‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’
UK Human Rights Blog, 13th August 2020
Source: ukhumanrightsblog.com
Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers
‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’
Doughty Street Chambers, 12th August 2020
Source: insights.doughtystreet.co.uk
