Liberty wins first battle in challenge to Snoopers’ Charter

In this first stage of its challenge to the law, Liberty focused on government powers to order private companies to store everybody’s communications data, including internet history, so that state agencies can access it. Liberty argued that retaining every person’s data in this way without limits and safeguards violates the UK public’s right to privacy.

In today’s ruling, Lord Justice Singh (pictured) and Mr Justice Holgate found that the powers are unlawful.

The court ruled this part of the act is incompatible with people’s fundamental rights because ministers can issue data retention orders without independent review and authorisation – and for reasons which have nothing to do with investigating serious crime.

Today’s judgment means the government will now have to amend this part of the Investigatory Powers Act so that it no longer breaches people’s rights. The court has given ministers until Thursday 1 November 2018 to do so.

Martha Spurrier, director of Liberty, said: “Police and security agencies need tools to tackle serious crime in the digital age – but creating the most intrusive surveillance regime of any democracy in the world is unlawful, unnecessary and ineffective.

“Spying on everyone’s internet histories and email, text and phone records with no suspicion of serious criminal activity and no basic protections for our rights undermines everything that’s central to our democracy and freedom – our privacy, free press, free speech, protest rights, protections for journalists’ sources and whistleblowers, and legal and patient confidentiality. It also puts our most sensitive personal information at huge risk from criminal hackers and foreign spies.

“The court has done what the government failed to do and protected these vital values – but today’s ruling focuses on just one part of a law that is rotten to the core. It still lets the state hack our computers, tablets and phones, hoover up information about who we speak to, where we go, and what we look at online, and collect profiles of individual people even without any suspicion of criminality. Liberty’s challenge to these powers will continue.”

The case was funded by donations from members of the public. Today Liberty is launching the second phase of crowdfunding to ensure it can continue with the next stage of the legal challenge.