Big Brother Watch and others v. the United Kingdom

Summary

This section discusses surveillance programs and legal proceedings related to electronic communications interception by the UK and US intelligence agencies. Following Edward Snowden’s revelations, concerns emerged about the interception of communications by the UK’s Government Communications Headquarters (GCHQ) and the US National Security Agency (NSA).

GCHQ’s TEMPORA program reportedly intercepted vast amounts of data from global fiber optic cables, while the NSA’s PRISM and Upstream programs collected data from Internet Service Providers and fiber-optic infrastructure. The UK’s bulk interception practices were under scrutiny for potentially violating human rights, specifically Articles 8, 10, and 14 of the European Convention on Human Rights.

The IPT examined these practices and found that while the intelligence-sharing arrangements with the US and the UK’s own interception processes complied with legal frameworks, there were concerns about the adequacy and transparency of safeguards. It determined that sufficient oversight and internal arrangements were in place but acknowledged that some details could not be publicly disclosed due to national security concerns. The IPT’s judgment underscored the necessity of maintaining a balance between national security and individual privacy rights, affirming the need for clear and effective oversight mechanisms.