Undercover police whistleblower joins boycott of inquiry – The Guardian

Posted May 10th, 2018 in inquiries, investigatory powers, news, police, whistleblowers by sally

‘A former undercover police officer who has become a whistleblower has joined a boycott of a public inquiry into the covert infiltration of political groups, saying it was concealing the state’s misconduct.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog

‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’

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UK Human Rights Blog, 8th May 2018

Source: ukhumanrightsblog.com

Metropolitan Police’s ‘racially discriminatory’ gangs database failing to tackle violence, report finds – The Independent

‘Scotland Yard is listing thousands of children and young men on a “racially discriminatory” database that is failing to tackle rising violence in London, a new report has found.’

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The Independent, 9th May 2018

Source: www.independent.co.uk

Undercover relationship woman wants officer prosecution – BBC News

‘An environmental campaigner who says she was tricked into a sexual relationship with an undercover police officer is mounting a legal challenge to have him prosecuted. The woman, known as Monica, will ask judges to overturn prosecutors’ decision not to charge the Metropolitan Police’s Jim Boyling.’

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BBC News, 1st May 2018

Source: www.bbc.co.uk

Both sides claim victory in surveillance law challenge – Law Society’s Gazette

‘A High Court ruling today in the latest crowd-funded challenge to the government’s powers to monitor electronic communications has left both sides claiming victory. Ruling in Liberty v Home Office, Lord Justice Singh and Mr Justice Holgate ordered the government to amend a provision of the Investigatory Powers Act 2016 granting powers to require telecoms operators to store records of communications, including tracking information and web browsing.’

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Law Society's Gazette, 27th April 2018

Source: www.lawgazette.co.uk

Undercover policing inquiry: Chairman urged to quit – BBC News

Posted March 22nd, 2018 in anonymity, demonstrations, disclosure, inquiries, investigatory powers, news, police by sally

‘Campaigners have walked out of a public inquiry into undercover policing, demanding that the chairman stand down or appoint a full panel.’

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BBC News, 21st March 2018

Source: www.bbc.co.uk

‘Four large black men’ at inquest followed by police, hearing told – The Guardian

Posted February 28th, 2018 in death in custody, inquests, investigatory powers, news, police, racism by sally

‘Police launched an unauthorised surveillance operation at short notice after they became concerned about the presence of “four large black men” at an inquest into a death in custody, a misconduct panel has heard.’

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The Guardian, 27th February 2018

Source: www.theguardian.com

High Court: legal privilege can apply to internal investigations on the right set of facts – OUT-LAW.com

Posted February 5th, 2018 in corruption, investigatory powers, news, privilege, taxation by sally

‘The High Court has confirmed that legal privilege can apply to investigations on the right set of facts, restoring some certainty to a position that has been up for debate since May 2017.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Code of practice issued under section 377A of the Proceeds of Crime Act 2002 – Official Publications

‘This amended code provides guidance on the use of investigation powers under the Proceeds of Crime Act (POCA) 2002 by prosecutors (in England and Wales and Northern Ireland) and has been updated following amendment of POCA by the Criminal Finances Act 2017.’

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Official Publications, 31st January 2018

Source: www.gov.uk/government/publications

UK mass digital surveillance regime ruled unlawful – The Guardian

Posted January 31st, 2018 in data protection, investigatory powers, news, privacy, terrorism by sally

‘Appeal court judges have ruled the government’s mass digital surveillance regime unlawful in a case brought by the Labour deputy leader, Tom Watson.’

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The Guardian, 30th January 2018

Source: www.theguardian.com

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