GCHQ intelligence sharing 'unlawful'

Written By Unknown on Jumat, 06 Februari 2015 | 19.12

6 February 2015 Last updated at 11:34

UK agency GCHQ's sharing of intelligence gathered by US mass surveillance programmes was unlawful, a tribunal has ruled.

The Investigatory Powers Tribunal (IPT) said the intelligence sharing regime between the agency and America's National Security Agency did not comply with human rights law until December.

The IPT cited a lack of transparency.

It is the first time the tribunal has ruled against an intelligence agency in its 15-year history.

It follows a ruling in December that the current system of UK intelligence collection did not breach the European Convention of Human Rights.

But the tribunal ruled that the public disclosure of two paragraphs of additional detail was essential to make the public regime "sufficiently foreseeable".

The agency is now compliant, the tribunal said.

Campaign groups Privacy International and Liberty were among those who made the initial complaint.

'Violated rights'

"We now know that, by keeping the public in the dark about their secret dealings with the National Security Agency, GCHQ acted unlawfully and violated our rights," said James Welch, legal director for Liberty.

"The tribunal believes the limited safeguards revealed during last year's legal proceedings are an adequate protection of our privacy.

"We disagree, and will be taking our fight to the European Court of Human Rights."

Eric King, deputy director of Privacy International, said: "We must not allow agencies to continue justifying mass surveillance programs using secret interpretations of secret laws."

He said the ruling was a "vindication" of the actions of Edward Snowden.

This case followed revelations by the former US intelligence analyst Mr Snowden about UK and US surveillance practices.


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