(ix) Issue 9: The s.5 regime prior to February 2015 was compliant with
Articles 8/10.
(x) Issue 10: So far as concerns the adequacy of dealing with LPP, the
CNE regime has been compliant with the Convention since February
2015.
90.
The use of CNE by GCHQ, now avowed, has obviously raised a number of
serious questions, which we have done our best to resolve in this Judgment.
Plainly it again emphasises the requirement for a balance to be drawn between
the urgent need of the Intelligence Agencies to safeguard the public and the
protection of an individual’s privacy and/or freedom of expression. We are
satisfied that with the new E I Code, and whatever the outcome of
Parliamentary consideration of the IP Bill, a proper balance is being struck in
regard to the matters we have been asked to consider.