The Hearing
1. On 27 and 28 January 2004 the Tribunal held an oral hearing on two
preliminary issues of law. The issues arise in proceedings against the Security
Service initiated in the Tribunal on 19 December 2002 in the form of a complaint
under s 65(2)(b) and 65(4) of the Regulation of Investigatory Powers Act 2000
(RIPA). There is also a claim under s 7(l)(a) of the Human Rights Act 1998
(HRA). Both the complaint and the claim relate to the same conduct by the
Security Service, which is alleged to have been incompatible with Article 8 of the
European Convention on Human Rights. The Tribunal is the only appropriate
forum for the investigation of the complaint and for the determination of the

2. Although rule 9(6) of the Investigatory Powers Tribunal Rules 2000 (The
Rules) requires the Tribunal's proceedings, including any oral hearings, to be
conducted in private, the preliminary hearing was held in public and the reasons
for the decision of the Tribunal are published in accordance with the principles
laid down by the Tribunal in its decision in Application Nos IPT/01/62 and
IPT/01/77 published on 21 January 2003.

The Proceedings
3. The Complainant is a Member of Parliament. He believes that the Security
Service holds files on him containing personal data relating to his activities with
ecological groups 15 or more years ago ("relevant data"). Under s 65(4) RIPA a

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