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Interception of Communications - Code of Practice
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intercepted material, where there are
exceptional circumstances making that disclosure essential in the
interests of justice.
8.12. This access will be achieved by the
Laws and regulation
Big Brother Watch and others v. United Kingdom (Grand Chamber Judgment)
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examine the authority for such
interception.
123. Appointments to the IPT were essentially judicial in nature but
varied depending on whether the proposed candidate was
Case law
Centrum för Rättvisa v. Sweden (First Section Judgement)
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concerning international
terrorism and other serious international crime that may threaten essential
national interests. At the time of introduction of the new rules, the
Government
Case law
Schrems II Judgment
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protection essentially equivalent to that which is guaranteed within
the European Union.
97
The referring court also asks whether the level of protection essentially equivalent
Case law
Surveillance by intelligence services:
fundamental rights safeguards and remedies in the EU Volume II: field perspectives and legal update
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sufficient powers and
competences
Setting up a strong oversight mechanism is an essential
part of an intelligence accountability system. The
oversight framework should reflect
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Report of the Bulk Powers Review
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result in the
collection of large volumes of communications data. This is essential
to enable communications relating to subjects of interest to be
identified and
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Centrum för Rättvisa v. Sweden (Grand Chamber Judgment)
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concerning international
terrorism and other serious international crime that may threaten essential
national interests. At the time of introduction of the new rules, the
Government
Case law
Convention 108 +
Convention for the protection of individuals with regard to the processing of personal data
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prosecution of criminal offences and the execution of
criminal penalties, and other essential objectives of
general public interest;
b.
the protection of the data subject
Laws and regulation
Investigatory Powers Commissioner's Office 2019 Annual Report
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was anticipating the number of
applications that we would receive. This was essential to enable us effectively to prioritise
and manage our workload so we could
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La Quadrature du Net and Others v Premier Ministre and Others
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in Case C‑520/18, which
should be considered together, the referring courts essentially ask whether Article 15(1) of Directive
2002/58 must be interpreted as precluding
Case law
Privacy International v Secretary of State
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in substance and effect, the purpose of such activity is to advance an
essential State function, within the meaning of Article 4(2) TEU, through a framework
Case law
Tele 2 Sverige and Watson and others
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contribution to combating
such activities.
Further, the Court considers that it is essential that access to retained data should, except in
cases of urgency, be subject to
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Facebook Ireland and Schrems (Schrems II)
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pursuant to standard data protection clauses
must be afforded a level of protection essentially equivalent to that guaranteed within the EU
by the GDPR, read in the light
Case law
Digital Rights Ireland and Others
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the
Charter. Such a control, carried out on the basis of EU law, is an essential component of the
protection of individuals with regard to the processing of personal
Case law
Maximillian Schrems v Data Protection Commissioner (Schrems I)
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law or its international commitments, a level of protection of fundamental
rights essentially equivalent to that guaranteed within the EU under the directive read in the light
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Draft Bill of BND Law 2020/2021
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If comprehensive surveillance of sources of
threats is to be achieved, it is essential to the work of the Federal Intelligence Service to keep
up with technical developments
Laws and regulation
Belhaj and ors v SSHD and ors (No 5)
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surveillance or interception functions. For that reason this summary states only the
essential elements of the Tribunal’s determination.
6. The Tribunal, exercising its powers under
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Belhaj and ors v SSHD and ors (No 1)
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6, and its duty to respect the “neither confirm nor
deny” policy which is essential for the protection of national security and the proper
functioning of the intelligence
Case law
R Bridge v CC South Wales and ors (High Court)
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could not establish
any interference with his rights under Article 8(1) for essentially four reasons.
The first reason was that there was no proof that the
Case law
Paton v Poole Borough Council
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to the Council’s Guide to Admission to Schools in Poole
2008/2009 for essential information. The completed application form had to
be returned to the Admissions
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B v Security Service
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The
Respondent's functions relate to the protection of national security.
Secrecy is essential to the work of the Security Service. It is needed to
secure the co-operation
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Watson and ors v SSHD and ors (Court of Appeal)
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circumstances where:
a.
the SIAs' capabilities to use BCD supplied to them are essential
to the protection of the national security of the United
Kingdom, including in
Case law
Watson and ors v SSHD and ors (High Court)
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the EU Treaty;
(c) the provisions of the Data Retention Directive were essentially limited to the
commercial activities of communications service providers and did
Case law
Privacy International v SSFCA and ors (No 2)
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2015 report by the
Intelligence & Security Committee of Parliament (“ISC”):
“It is essential that the Agencies can “discover” unknown
threats. This is not just about identifying
Case law
Privacy International v SSFCA and ors (No 1)
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the ECHR. The Respondents contend that their use of such powers
is lawful and essential for, inter alia, the protection of national security.
3
BPD
5
BPD was explained
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Zakharov v Russia
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regulations
applicable to them. The Court had already found that it was essential to have
clear, detailed and accessible rules on the application of secret
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Leander v Sweden
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the citizens’ right to respect for private life especially
vulnerable, it is essential that any complaint alleging violation of that right
should be examined by
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Kennedy v United Kingdom
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be granted on strictly limited grounds set out in Section 5 of
RIPA, essentially the interests of national security and the prevention or detection of
serious
Case law
Liberty v United Kingdom
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and under section
3(2):
“There are a number of differences ... But the essential differences may be
summarised as follows:
(i) Section 3(2) warrants apply only
Case law
Weber and Saravia v Germany
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cited above,
§ 29; and Rotaru, cited above, § 55). It is therefore essential to have clear,
detailed rules on interception of telephone conversations, especially
Case law
Malone v United Kingdom
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recognition of the lawfulness of the tapping." (ibid., p. 641)
"In their essentials", stated the Vice-Chancellor, "these contentions seem
to me to be sound."
Case law
Klass v Germany
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accord or from taking a direct
part in any review proceedings, it is essential that the procedures established
should themselves provide adequate and equivalent guarantees
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Right to informational self determination
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self-determination, it is imperative
that additional procedural safeguards be put in place. Essential safeguards include notification, information and
deletion requirements.
The envisaged alignment
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Release of NSA selector lists to NSA Inquiry Committee
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prohibition reserving consent (Verbot
mit Zustimmungsvorbehalt). The originating agency essentially reserves the power of
control over the relevant information […]. The consent
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Fundamental right to integrity and confidentiality of IT systems
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ensure that the democratically legitimised parliamentary legislature itself takes the essential decisions on encroachments on fundamental rights and the extent of the encroachments
Case law
Electronic profile-searching I
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the G 10 Commission decided whether monitoring was necessary
and permissible.
3
An essential feature of the monitoring permitted pursuant to § 3 of the G 10 Act (old
Case law
BND Law (Judgment)
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the Basic Law. However, given
that it is not based on specific grounds and essentially guided and restricted only by the purpose pursued, the power to conduct strategic
Case law
Automated lincence plate control in Bavaria
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which lie in principle
within the legislative competence of the Länder, it is essential to determine the purpose of the provisions, as can objectively be read from
their
Case law
BKA Law
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the constitutional appraisal of the provision, whose conditions for interference essentially correspond to those set out in § 20l secs. 1 and 3 to 5 BKAG
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Anti Terrorism Database I
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various security agencies with the purpose of combating international terrorism, which is essentially limited to facilitating access to information, and stipulates that the data may be
Case law
Access to information on inventory data I
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of their necessary expenses in the constitutional complaint proceedings.
Grounds:
A.
The essential subject matter of the constitutional complaint is the constitutionality of
§§ 111 to
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Data retention
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specified therein. After the end of a telecommunications connection, these data may
essentially be used pursuant to § 96.2 sentence 1 to the extent that this is necessary
Case law
Investigatory Powers Commissioner's Office 2018 Annual Report
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Department. This process is carefully
controlled and properly documented to maintain the essential arms-length relationship, and it avoids
an unnecessary refusal when the substance of
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Investigatory Powers Commissioner's Office 2017 Annual Report
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subject still to the
appointment of some key staff, they are now essentially – and, I suggest, successfully
– complete. Our focus for the next stage
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Interception of Communications Commissioner 2016 Annual Report
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The process
for the selection and examination of bulk communications data is essentially the same. I
therefore draw the same conclusion as last year, that, although
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Interception of Communications Commissioner 2015 Annual Report
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for
that person to be duly applied for without losing what could be essential intelligence.
6.34 Selection of section 8(4) material. In brief, prior to analysts
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Interception of Communications Commissioner 2014 Annual Report
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for the
acquisition and disclosure of communications data is different. Here essentially the
statutory authority has to be an authorisation granted or requirement made
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Interception of Communications Commissioner 2013 Annual Report
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Chapter II for the acquisition and
disclosure of communications data is different. Here essentially the statutory authority has
to be an authorisation granted or requirement made by
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Interception of Communications Commissioner 2012 Annual Report
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Adherence
to the Act and Code of Practice by public authorities is essential if the rights of individuals are to
be respected and all public authorities
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Interception of Communications Commissioner 2011 Annual Report
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Adherence
to the Act and Code of Practice by public authorities is essential if the rights of individuals are to
be respected and all public authorities
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Interception of Communications Commissioner 2010 Annual Report
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The process
for the selection and examination of bulk communications data is essentially the same. I
therefore draw the same conclusion as last year, that, although
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Interception of Communications Commissioner 2009 Annual Report
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of Practice by public
authorities and Communications Service Providers (CSP) is essential if the rights
of individuals are to be respected and all public authorities
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Interception of Communications Commissioner 2008 Annual Report
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Adherence to the Code of Practice by public
authorities and CSPs is essential if the rights of individuals are to be respected and
all public authorities
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Interception of Communications Commissioner 2007 Annual Report
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of necessity and proportionality. Good adherence to the Code
of Practice is essential if the rights of individuals are to be respected and all
public authorities
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Interception of Communications Commissioner 2005 Annual Report
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wider than that. It is not easy to summarise my
role in short form, but essentially I see the role of Commissioner as encompassing
these primary headings:
(a)
To
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Interception of Communications Commissioner 2003 Annual Report
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be
granted on strictly limited grounds as set out in section 5 of RIPA, essentially
in the interests of national security, the prevention and detection of serious
3
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Interception of Communications Commissioner 2002 Annual Report
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be
granted on strictly limited grounds as set out in section 5 of RIPA, essentially in
the interests of national security and the prevention and detection of serious
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Interception of Communications Commissioner 2001 Annual Report
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can be granted on strictly limited
grounds set out in Section 5 of RIPA, essentially the interests of national
2
security and the prevention or detection of serious
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Democratic License to Operate
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front line in contemporary debates about privacy and security.
Privacy is an essential prerequisite to the exercise of individual freedom, and its erosion
weakens the
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60 shown of 77 documents