Investigatory Powers Tribunal - Government's Open Response
News Article - 18 Mar 2015
In 2014, Privacy International and a group of seven Internet Service Providers brought claims before the Investigatory Powers Tribunal alleging that GCHQ had unlawfully intruded into computers, mobile devices and other equipment. An Open Response (PDF 377KB) to these claims was filed on behalf of the Secretary of State for Foreign and Commonwealth Affairs and GCHQ on Friday 6 February. Given that the Open Response is being published by Privacy International, GCHQ is publishing a copy here in order to provide some further background and context.
The Open Response makes clear that any conduct of the sort alleged must be authorised by a Secretary of State and is subject to strict tests of necessity, proportionality and legitimate aim. A statutory code of practice sets out the procedures that must be followed before any conduct of this nature can take place, and on the processing, retention, destruction and disclosure of any information so obtained. The Intelligence Services Commissioner continues to provide robust oversight of GCHQ’s activities.