Final Judgment - PRIVACY INTERNATIONAL and (1) SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (3) GOVERNMENT COMMUNICATIONS HEADQUARTERS (4) SECURITY SERVICE (5) SECRET INTELLIGENCE SERVICE

IPT/15/110/CH

The Tribunal, dealing with the matters outstanding from its Judgments of 17 October 2016 ([2017] 3 AER 647) and 11 September 2017 ([2018] 2 AER 166) relating to Bulk Communications Data (BCD) and Bulk Personal Data(BPD) concluded unanimously (save in relation to one issue, set out below) :

  1. that in relation to many directions made prior to October 2016 by the Foreign Secretary to Communications Service Providers to provide BCD to GCHQ, they were not in accordance with law:
  2. (by a majority) that the regime in respect of sharing of BCD/BPD with foreign agencies complies with Article 8 of the ECHR:
  3. that the regime in respect of sharing BCD/BPD with industry partners complies with Article 8 ECHR:
  4. that the steps taken by way of collection , retention and use of BCD or BPD by the Respondents comply with the requirements of proportionality pursuant to Article 8 ECHR and EU law.

The Tribunal further unanimously dismissed an application by the Claimant to set aside its conclusions in its Judgment of 17 October 2016 (save as appears in (i) above ).

The Tribunal delivered a Closed Judgment , as appears in Appendix 1 to its Open Judgment, whose conclusions are consistent with those in its Open Judgment.

Judgment dated : 23 Jul 18

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