BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
Netherlands, and to the United Nations’ Special Rapporteur on the
promotion of the right to freedom of opinion and expression.
10. A hearing took place in public in the Human Rights Building,
Strasbourg, on 10 July 2019.
There appeared before the Court:
(a) for the Government
Mr C. WICKREMASINGHE,
Mr J. EADIE Q.C. AND
Mr J. MITFORD,
Mr R. YARDLEY,
Ms L. MORGAN,
Mr H. MAWBY,
Mr T. RUTHERFORD AND
Mr J. KEAY-BRIGHT,
Agent,
Counsel,
Advisers;
(b) for the applicants
Mr B. JAFFEY Q.C.,
Ms H. MOUNTFIELD Q.C.,
Mr C. MCCARTHY,
Mr R. MEHTA,
Ms G. SARATHY AND
Mr D. HEATON,
Mr D. CAREY AND
Ms R. CURLING,
Counsel,
Advisers.
11. The Court heard addresses by Mr Eadie, Mr Jaffey and
Ms Mountfield, as well as their replies to questions.
THE FACTS
I.
BACKGROUND
12. The three applications were introduced following revelations by
Edward Snowden concerning the electronic surveillance programmes
operated by the intelligence services of the United States of America and the
United Kingdom.
13. The applicants, who are listed in the Appendix, all believed that due
to the nature of their activities, their electronic communications were likely
to have either been intercepted by the United Kingdom intelligence services;
obtained by the United Kingdom intelligence services after being
intercepted by foreign governments; and/or obtained by the United
Kingdom authorities from communications service providers (“CSPs”).
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