Electronic surveillance

EU judges may be asked to rule on legality of UK surveillance powers

EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.

In a fresh challenge that could impact the Investigatory Powers Act, the campaign group Privacy International has argued in court on Monday that interception of social media that is not targeted and subject to sufficient safeguards is forbidden by a previous European judgment.

After a minute’s silence in memory of the victims of the attack in London on Saturday, the investigatory powers tribunal (IPT) said it was considering whether to refer the issue – concerning the use by GCHQ, MI5 and MI6 of bulk communication data – back to the court of justice of the European Union in Luxembourg.

Analysis 'Extreme surveillance' becomes UK law with barely a whimper

Investigatory Powers Act legalises range of tools for snooping and hacking by the security services

 

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“This case raises a fundamental political question as to the competing powers of the nation state and the EU,” the vice-president of the IPT, Mr Justice Mitting, told the hearing.