Liberty/Privacy No 2

IPT/13/77/H etc as above: Reported in [2015] 3 AER 212

This judgment dealt with the outstanding matter from Liberty/Privacy No 1. Further disclosures by the Security Services now resolved the position. The Tribunal accordingly declared that, prior to the disclosures made and referred to in the earlier judgment and this judgment, the regime governing the soliciting, receiving, storing and transmitting by UK authorities of private communications of individuals located in the UK which had been obtained by US authorities pursuant to Prism and/or on the Claimants’ case Upstream, contravened Articles 8 or 10 of the Convention, but that the regime now complied with the Convention.

By an Amended Open Determination dated 22 June 2015 the Tribunal in Liberty/Privacy No’s 1 and 2 made a determination in favour of Amnesty International and the Legal Resources Centre of South Africa that there had been breaches of procedure by GCHQ such as to amount to an infringement of their rights under Article 8 of the Convention, but made no order for compensation in their favour.

Judgment dated : 6 Feb 15