Thursday, 11 December 2014

Cracking intercepts: the war on terror and difficulties with Human Rights

Cracking intercepts: the war on terror and difficulties with Human Rights | UK Human Rights Blog: "The Tribunal ruled that the current regime, both in relation to Prism and Upstream and to s.8(4), when conducted in accordance with the requirements both written into the legislation, the code and Parliamentary supervision, was both lawful and human rights compliant.

"Technology in the surveillance field appears to be advancing at break-neck speed. This has given rise to submissions that the UK legislation has failed to keep abreast of the consequences of these advances, and is ill fitted to do so; and that in any event Parliament has failed to provide safeguards adequate to meet these developments. All this inevitably creates considerable tension between the competing interests, and the ‘Snowden revelations’ in particular have led to the impression voiced in some quarters that the law in some way permits the Intelligence Services carte blanche to do what they will. We are satisfied that this is not the case.

We can be satisfied that, as addressed and disclosed in this judgment, in this sensitive field of national security, in relation to the areas addressed in this case, the law gives individuals an adequate indication as to the circumstances in which and the conditions upon which the Intelligence Services are entitled to resort to interception, or to make use of intercept. [paras 158 – 159]" 'via Blog this'

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