Wednesday 10 – Friday 12 May 2023
Appeal 1 – Liberty commenced this claim in February 2017 seeking to challenge the compatibility of the Investigatory Powers Act 2016 (“the IPA”) with the ECHR and EU law. The Divisional Court determined the ECHR claim on 29/7/19 finding that certain provisions of the IPA are compatible with Articles 8 and 10 of the ECHR and refusing to grant a declaration of incompatibility. It is from that decision that Liberty appeals.
The IPA enables to be authorised by warrant or other instrument:
– retention by communications service providers of communications data (Parts 3 and 4);
– the interception by the state in bulk of communications in transmission (Part 6 Ch 1);
– bulk and thematic equipment interference by hacking and other means (Part 6, Ch 3 and Part 5);
– the obtaining of communications data in bulk (Part 6, Ch 2);
– storage of “bulk personal datasets” (BPDs) (Part 7).
The Divisional Court extended time for appealing until the Grand Chamber of the ECtHR had handed down judgment in Big Brother Watch v UK (“BBW”). This occurred on 25/5/21. The ECtHR held that the IPA is incompatible with the ECHR in certain important respects. The IPA lacks safeguards that the ECHR requires.
Appeal 2 – Appeal from the order of Singh LJ and Holgate J sitting in the Divisional Court dated 22 July 22.
Both this and a third appeal raise the issue of whether certain provisions of the Investigatory Powers Act (“IPA”) are compatible with (what is now) retained EU law.