Tag: Regulation of Investigatory Powers Act
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Hanna Wilberg: The Limits of the Rule of Law’s Demands: Where Privacy International Abandons Anisminic
Statutory ouster of judicial review has long been considered to offend the rule of law. But just what does the rule of law demand in this context, and is ouster really inconsistent with those demands in all circumstances? Some interesting answers to these questions feature in R (Privacy International) v Investigatory Powers Tribunal. At least…
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Anurag Deb: Privacy International: A Matter of Constitutional Logic and Judicial Trust?
Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate on the ‘validity’ or otherwise of ouster clauses in the UK constitution (see analyses in the Admin Law Blog and the UKCLA Blog). At one end is the argument that ouster clauses prevent the correction of legal…
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Joe Tomlinson: Ouster Clauses Inside-out
Last week’s decision in R (Privacy International) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) gained immediate attention among public lawyers (see Paul Daly’s blog article here and Mark Elliott’s blog article here). The case revolved around section 67(8) of the Regulation of Investigatory Powers Act 2000, which provided that: Except to such extent as the Secretary of State may…
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Carol Harlow: Surveillance and the Superstate
For a society as devoted to secrets and privacy as the British are traditionally supposed to be, however, the law possesses surprisingly few protections for the communications of its citizens. True, phone hacking has become a criminal offence under the Regulation of Investigatory Powers Act 2000 and the creation and retention of citizens’ data is…