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In Historic Ruling, UK Surveillance Secrecy Declared Unlawful

Published: February 6, 2015
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Source: The Intercept

The United Kingdom’s top surveillance agency has acted unlawfully by keeping details about the scope of its Internet spying operations secret, a British court ruled in an unprecedented judgment issued on Friday.

Government Communications Headquarters, or GCHQ, was found to have breached human rights laws by concealing information about how it accesses surveillance data collected by its American counterpart, the National Security Agency.

The ruling was handed down by the Investigatory Powers Tribunal, a special court that handles complaints related to covert surveillance operations conducted by law enforcement and intelligence agencies. In its 15-year history, the tribunal has never before upheld a complaint against any intelligence agencies.

The legal challenge was brought by human rights groups, including Privacy International and Liberty, following disclosures from NSA whistleblower Edward Snowden. The groups alleged that GCHQ was unlawfully obtaining data through the NSA’s online spying program PRISM, which collects data stored by Internet giants such as Google, Apple, Microsoft, and Yahoo. The groups also focused on GCHQ’s role in obtaining private communications swept up by the NSA directly from internet cables, known as so-called “upstream” collection.

The court ruling against GCHQ found that by keeping the rules underpinning the surveillance secret, the agency had “contravened” the privacy and free expression provisions of the European Convention on Human Rights. The secret policies were released for the first time in December, meaning that until then GCHQ had been operating unlawfully, likely for several years. (GCHQ has had access to PRISM since at least 2010, according to reports based on Snowden documents.)

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