National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor [2019] EWHC 2057 (Admin) (29 July 2019)

National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor [2019] EWHC 2057 (Admin) (29 July 2019)

The Investigatory Powers Act 2016, as challenged, provides sufficient statutory and practical safeguards to meet the requirements of 'in accordance with the law' and 'necessary in a democratic society' under Articles 8 and 10 ECHR. The regime is not intrinsically incompatible with the Convention rights, and the safeguards, including judicial oversight and codes of practice, are adequate to prevent arbitrary interference. The specific challenges regarding lawyer-client communications and journalistic material are addressed by statutory provisions and codes of practice. No declaration of incompatibility is warranted.

Citation
[2019] EWHC 2057 (Admin)
Parties
Claimant: National Council for Civil Liberties (Liberty); 1st Defendant: Secretary of State for the Home Department; 2nd Defendant: Secretary of State for Foreign and Commonwealth Affairs; Intervener: National Union of Journalists
Jurisdiction
England and Wales
Judgment Date
29 July 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Surveillance, Bulk Data Collection, Privacy, Freedom of Expression, Legal Professional Privilege, Journalistic Material, Compatibility of Legislation With ECHR
Human Rights Constitutional Law Administrative Law National Security Surveillance Bulk Data Collection Privacy Freedom of Expression +3 more

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Parties

National Council for Civil Liberties (Liberty)

Claimant

Secretary of State for the Home Department

1st Defendant

Secretary of State for Foreign and Commonwealth Affairs

2nd Defendant

National Union of Journalists

Intervener

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether provisions of the Investigatory Powers Act 2016 concerning bulk powers are compatible with Articles 8 and 10 ECHR
  2. 2 Whether the IPA provides sufficient safeguards to meet the 'in accordance with the law' and 'necessary in a democratic society' requirements
  3. 3 Whether the IPA adequately protects lawyer-client communications and confidential journalistic material

Ratio Decidendi

The Investigatory Powers Act 2016, as challenged, provides sufficient statutory and practical safeguards to meet the requirements of 'in accordance with the law' and 'necessary in a democratic society' under Articles 8 and 10 ECHR. The regime is not intrinsically incompatible with the Convention rights, and the safeguards, including judicial oversight and codes of practice, are adequate to prevent arbitrary interference. The specific challenges regarding lawyer-client communications and journalistic material are addressed by statutory provisions and codes of practice. No declaration of incompatibility is warranted.

Court Disposition

Claim dismissed