Article 8- Limitations on right

What is there no general right of in English Law?

Privacy

Which is the case that shows there is no general right of privacy in English Law?

Kay v Robertson

What must individuals be protected against with their article 8 rights?

Arbitrary interference

What is the case which shows that individuals must be protected against arbitrary interference with their article 8 rights?

Halford V UK

What is the case which covers the interception of correspondence?

Regulation of Investigatory Powers Act 2000 RIPA

Communications can be intercepted providing authorisation is given by who?

The Secretary of State or an authorising officer

What is the section which covers this under RIPA?

S32(1)

Providing authorisation is given by the Secretary of State or an authorising officer believing it is what?

• necessary S32(2)(a)

• and proportionate S32(2)(b)

Under S32(3) to be necessary what must it be either?

a) in the interests of national security

b) For the purpose of preventing or detecting serious crime; or

c) In the interests of the economic wellbeing of the UK

Under S65 what is the only available remedy is via?

The Investigatory Powers Tribunal

What will the tribunal consider if a person has suffered?

Detriment as a consequence of the prohibition or restriction

What does this enable?

S7 HRA 1998 (using a public body)

What does S67 make it clear it is more focused on?

Procedure than substance (its role is not to second guess the Secretary of State)

What can a successful claim lead to?

A quashed warrant, destruction of information and compensation

Where is an example of the tribunal seen in?

Liberty, Privacy International v Security Services, Secretary of State for the Human Department (2023)

S67A as inserted by RIPA 2016 enables appeals on what?

Points of law from the tribunal (only on points of law)

Under S3(1) of the Investigatory Powers Act 2016 what is it an offence to do?

Intentionally, and without lawful authority, intercept communications

Under the Investigatory Powers Act 2016 what does this enable?

Hacking+ collecting or keeping of data from phones and computers indiscriminately (no reasonable suspicion needed)

How does S23 creates a double lock?

A judicial commissioner must approve the warrants given under RIPA using the same criteria

Under S227 what must The Prime Minister appoint?

An investigatory Powers Commissioner who holds or has held High Judicial Office

Under S229 The Investigatory powers Commissioner must keep what under review?

via audits, inspections and investigations the use of these powers

For certain officials they are not protected via article 10 which are these officials?

• The security services (Secret services) (S1)

• Defence(S2)

• International relations (S3)

• Crime and special investigations (S4)