Skip to content

Tech Law Forum @ NALSAR

A student-run group at NALSAR University of Law

Menu
  • Home
  • Newsletter Archives
  • Blog Series
  • Editors’ Picks
  • Write for us!
  • About Us
Menu

GCHQ Mass Surveillance in Violation of Human Rights

Posted on March 6, 2015 by Veera Mahuli

For the first time since the Investigatory Powers Tribunal’s (IPT) establishment in 2000, a complaint against a UK intelligence agency has been upheld. The IPT, which oversees Britain’s secret agencies, is one of its most secretive and deferential courts. In a judgment last week, the IPT announced that the intelligence-sharing rules between the United States National Security Agency (NSA) and its British equivalent Government Communications Headquarters (GCHQ) governing the exchange of information collected through ‘mass surveillance of internet communications’ were against UK human rights law.

The tribunal ruled that “the regime governing the soliciting, receiving, storing and transmitting by UK authorities of private communications of individuals located in the UK, which have been obtained by US authorities … contravened Articles 8 or 10 [of the European Convention of Human Rights]”. Article 8 of the European Convention on Human Rights (ECHR) confers the right to respect for private and family life and Article 10 of the ECHR confers the right to freedom of expression.

The security agency’s access to information obtained by the United States National Security Agency (NSA) was held to be illegal for at least the last seven years, beginning with the introduction of the PRISM intercept programme in 2007.

In this case, UK’s mass surveillance techniques were challenged by Human Rights groups including Liberty and Privacy International with concerns regarding the information acquiring practices of the GCHQ and the NSA having been raised.

Contesting the significance of the decision, a GCHQ spokesperson stated the IPT’s decision as affecting only a small area of its information collection regime. And this claim, sadly, rings true.  The tribunal in this judgment upheld the legality of the current intelligence sharing operation between the US and the UK, having noted that the UK’s bulk interception regime contains adequate procedural safeguards, thus following the court’s assertion of the lawfulness of the intelligence sharing programme in a previous judgment in December 2014. It is only the previous procedures that have been declared illegal, though that admittedly covers a considerable span.Some of the secrecy surrounding the regime having been declared unlawful some amount of details regarding the rules, processes and safeguards in the regime has been, by necessity, brought brought into the public domain.

The extent of the information sharing operation was revealed from documents provided by NSA whistleblower Edward Snowden. While most of the outrage generated by Snowden’s released documents has been focused on the NSA, the GCHQ has reportedly been even more flagrant in its activities.

The GCHQ has long sought protection in the nature of its activities. However, the ruling, in what is arguably the most crucial step, suggests that an increase in public understanding and knowledge regarding the work carried out by the GHCQ will now be needed. In their defence, the agencies make a distinction between intrusive “mass surveillance”, which they insist they don’t indulge in, and “bulk interception” of electronic communications, which they deem necessary in pursuit of terrorist or criminal activity. The legal director for Liberty, one of the plaintiffs, claimed that by keeping the public in the dark about its programmes, the GCHQ acted in violation of human rights and the disclosure of its activities forced by the claimants deemed them lawful.

However, the dissatisfaction with the tribunal’s belief that the limited safeguards are an adequate protection of citizens’ privacy in relation to the unfettered power the GCHQ possesses over private communications is likely to culminate in an appeal before the European Court of Human Rights.

Subscribe

Recent Posts

  • Analisis Faktor-Faktor yang Berhubungan dengan Kejadian Ketuban Pecah Dini di RSUD Lamaddukelleng Kabupaten Wajo
  • The Fate of Section 230 vis-a-vis Gonzalez v. Google: A Case of Looming Legal Liability
  • Paid News Conundrum – Right to fair dealing infringed?
  • Chronicles of AI: Blurred Lines of Legality and Artists’ Right To Sue in Prospect of AI Copyright Infringement
  • Dali v. Dall-E: The Emerging Trend of AI-generated Art
  • BBC Documentary Ban: Yet Another Example of the Government’s Abuse of its Emergency Powers
  • A Game Not Played Well: A Critical Analysis of The Draft Amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
  • The Conundrum over the legal status of search engines in India: Whether they are Significant Social Media Intermediaries under IT Rules, 2021? (Part II)
  • The Conundrum over the legal status of search engines in India: Whether they are Significant Social Media Intermediaries under IT Rules, 2021? (Part I)
  • Lawtomation: ChatGPT and the Legal Industry (Part II)

Categories

  • 101s
  • 3D Printing
  • Aadhar
  • Account Aggregators
  • Antitrust
  • Artificial Intelligence
  • Bitcoins
  • Blockchain
  • Blog Series
  • Bots
  • Broadcasting
  • Censorship
  • Collaboration with r – TLP
  • Convergence
  • Copyright
  • Criminal Law
  • Cryptocurrency
  • Data Protection
  • Digital Piracy
  • E-Commerce
  • Editors' Picks
  • Evidence
  • Feminist Perspectives
  • Finance
  • Freedom of Speech
  • GDPR
  • Insurance
  • Intellectual Property
  • Intermediary Liability
  • Internet Broadcasting
  • Internet Freedoms
  • Internet Governance
  • Internet Jurisdiction
  • Internet of Things
  • Internet Security
  • Internet Shutdowns
  • Labour
  • Licensing
  • Media Law
  • Medical Research
  • Network Neutrality
  • Newsletter
  • Online Gaming
  • Open Access
  • Open Source
  • Others
  • OTT
  • Personal Data Protection Bill
  • Press Notes
  • Privacy
  • Recent News
  • Regulation
  • Right to be Forgotten
  • Right to Privacy
  • Right to Privacy
  • Social Media
  • Surveillance
  • Taxation
  • Technology
  • TLF Ed Board Test 2018-2019
  • TLF Editorial Board Test 2016
  • TLF Editorial Board Test 2019-2020
  • TLF Editorial Board Test 2020-2021
  • TLF Editorial Board Test 2021-2022
  • TLF Explainers
  • TLF Updates
  • Uncategorized
  • Virtual Reality

Tags

AI Amazon Antitrust Artificial Intelligence Chilling Effect Comparative Competition Copyright copyright act Criminal Law Cryptocurrency data data protection Data Retention e-commerce European Union Facebook facial recognition financial information Freedom of Speech Google India Intellectual Property Intermediaries Intermediary Liability internet Internet Regulation Internet Rights IPR Media Law News Newsletter OTT Privacy RBI Regulation Right to Privacy Social Media Surveillance technology The Future of Tech TRAI Twitter Uber WhatsApp

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
best online casino in india
© 2025 Tech Law Forum @ NALSAR | Powered by Minimalist Blog WordPress Theme