A. Notification of determination
1.
Under s 68(4) of the Regulation of Investigatory Powers Act 2000 (RIPA) and
Rule 13 (2) of the Investigatory Powers Tribunal Rules 2000 (the Rules) the
Tribunal shall, where they make a determination in favour of the complainant,
give notice to the complainant to that effect and provide the complainant with
a summary of that determination including any findings of fact.
2.
In the cases of IPT/01/62 and IPT/01/77 the Tribunal decided that the Rules do
not, subject to the general duty imposed by Rule 6(1), prevent the Tribunal
from notifying and publishing their rulings of law on a complaint.
3.
This determination is in favour of the Complainants. It includes the Tribunal’s
findings of fact and their rulings of law on the complaints. In accordance with
the general duty on the Tribunal under Rule 6(1) affecting disclosure of
information the Tribunal have duly considered whether the determination
discloses any information to an extent, or in a manner, that is contrary to the
public interest or prejudicial to national security, the prevention or detection of
crime, the economic well-being of the United Kingdom or the continued
discharge of the functions of any of the intelligence services. The Tribunal are
satisfied that the determination does not disclose any such information and
that the material findings of fact may be notified to the Complainants
consistently with Article 6(1) of the European Convention of Human Rights.
B. The parties and their complaints
4.
On 10 February 2009 the Tribunal received 5 Complaint Forms (T2)
completed by two adult Complainants and by, or on behalf of, three
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