UK mass surveillance programme violates human rights, European court rules

The UK government’s mass surveillance programme violated human rights and had “no real safeguards”, the European Court of Human Rights (EHCR) has said in a landmark ruling.

The Strasbourg court said British intelligence agencies’ interception regime violated the right to a private and family life, since there was “insufficient oversight” over which communications were chosen for examination.

Not enough protection was given to journalistic sources by the government’s mass information collection programme, violating the right to freedom of expression, it also said.

But the court ruled that sharing the information with foreign governments did not violate either the right to a private and family life, or to free speech.

The case, brought by a group of charities including human rights groups Big Brother Watch and Amnesty International, centred on complaints about powers given to security services under the Regulation of Investigatory Powers Act 2000 (Ripa).

It is the first major challenge to the legality of the UK’s bulk collection of communications and follows revelations that both the US and British governments were gathering communications on a “population-level”.

Former Central Intelligence Agency (CIA) whistleblower Edward Snowden is still living in exile in Russia after leaking the information.

Although the UK government replaced the contested Ripa powers with the Investigatory Powers Act (IPA) in November 2016, campaigners said the judgment would provoke questions about the spying capabilities granted by the more recent legislation.

A Government spokesperson said the IPA provided better privacy protections than Ripa, but it would give “careful consideration” to the European court’s findings.

Silkie Carlo, director of the Big Brother Watch, said: “This landmark judgment confirming that the UK’s mass spying breached fundamental rights vindicates Mr Snowden’s courageous whistleblowing and the tireless work of Big Brother Watch and others in our pursuit for justice.

She continued: “Under the guise of counter-terrorism, the UK has adopted the most authoritarian surveillance regime of any Western state, corroding democracy itself and the rights of the British public.

“This judgment is a vital step towards protecting millions of law-abiding citizens from unjustified intrusion. However, since the new Investigatory Powers Act arguably poses an ever greater threat to civil liberties, our work is far from over.”

Megan Goulding, a lawyer for Liberty, said: “This is a major victory for the rights and freedom of people in the UK. It shows that there is – and should be – a limit to the extent that states can spy on their citizens.

“Police and intelligence agencies need covert surveillance powers to tackle the threats we face today – but the court has ruled that those threats do not justify spying on every citizen without adequate protections.”

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He completed the race in under an hour Getty/Nike 5/50 8 September 2018 Britain's former foreign secretary Boris Johnson sits in the stands during play on the second day of the fifth Test cricket match between England and India at The Oval in London AFP/Getty 6/50 7 September 2018 The poppy sculpture Wave by artist Paul Cummins and designer Tom Piper at IWM North, The Quays, Manchester. This is the final presentation of Wave as part of a four year UK-wide tour, and the sculpture will be on site until 25 November PA 7/50 6 September 2018 The aftermath of a house fire, which broke out in the early hours of the morning, where a woman died in Centurion Square, south-east London. PA 8/50 5 September 2018 Counter-terrorism police have released images of the two suspects in connection with the Salisbury attack in March. The suspects Ruslan Boshirov and Alexander Petrov, are Russian nationals, and approximately 40 years old. They travelled on a Russian passport and it is likely that they were travelling under aliases and that these are not their real names. The CPS has issued European Arrest Warrants for the extradition in connection with the Novichok poisoning attack on Sergei Skripal Metropolitan Police 9/50 4 September 2018 Pro Labour party leader, Jeremy Corbyn, protesters demonstrate outside the Labour party headquarters in London. Labour's NEC (National Executive Committee) is expected to approve the international definition of anti-Semitism into Labour's code of conduct EPA 10/50 3 September 2018 Chris Evans surrounded by media as he leaves the Radio 2 studio in London after he announced he is quitting his breakfast show which he has presented since 2010 PA 11/50 2 September 2018 Former Labour Prime Minister Gordon Brown speaks during the 'Jewish Labour Movement Conference' Getty 12/50 1 September 2018 An inflatable caricature balloon of Mayor of London, Sadiq Khan floats, near Parliament Square in London. Organizer Yanny Bruere raised more than 58,000 pounds ($75,000) through the Crowdfunder website for the 29-foot (8.8-meter) blimp as part of a campaign to oust Khan from his post. Khan angered some people in the British capital and elsewhere last month when he allowed a balloon caricaturing Donald Trump as an angry baby to float above the city while the U.S. president was in England. AP 13/50 31 August 2018 A can of Coca-Cola next to a cup of Costa coffee, as Whitbread has struck a deal to sell the Costa Coffee chain to Coca-Cola for £3.9 billion PA 14/50 30 August 2018 Frank Field MP in Westminster, London, after resigning from the Labour party over the anti-Semitism crisis. Field, who has represented Birkenhead from almost 40 years, revealed in a letter to party chief whip Nick Brown that he could no longer serve the party as the leadership was overseeing the "erosion of our core values" PA 15/50 29 August 2018 The Duke and Duchess of Sussex meeting 'King George' and the cast at the Victoria Palace Theatre in London after attending a gala performance of the musical Hamilton, in support of Sentebale. The evening raises awareness and funds for Sentebale's work with children and young people affected by HIV in southern Africa Dan Charity/The Sun/PA 16/50 28 August 2018 Prime Minister Theresa May meets students and staff at I.D. Mkize Secondary School in Cape Town, which is twinned with Whitby High School in Yorkshire. The two schools are part of a British Council funded teacher exchange scheme called 'Connected Classrooms'. The prime minister is on day one of her trip to South Africa, Nigeria and Kenya on a trade mission designed to bolster the UK's post-Brexit fortunes PA 17/50 27 August 2018 Performers take part in the main Parade day of Notting Hill Carnival in London. Nearly one million people are expected by the organizers over Sunday and Monday in the streets of west London to celebrate Caribbean culture, which is considered the largest street demonstration in Europe AFP/Getty 18/50 26 August 2018 The crowd pauses for 72 seconds silence in remembrance of all those lost in the Grenfell Tower fire at the Red Bull Music Academy Sound System at Notting Hill Getty 19/50 25 August 2018 Comedian Rose Matafeo is congratulated by Steve Coogan after winning the Edinburgh Comedy Award at the Dovecote Studio PA 20/50 24 August 2018 British Secretary of State for International Trade, Liam Fox, attends a signing ceremony for memorandums of understanding between British and Chinese firms and institutions at the British ambassador's residence in Beijing AP 21/50 23 August 2018 Nazanin Zaghari-Ratcliffe hugs her daughter Gabriella, in Iran. She has been allowed to leave an Iranian prison for three days. Zaghari-Ratcliffe was arrested during a holiday with her toddler daughter in April 2016. Iranian authorities accuse her of plotting against the government. Her family denies this, saying says she was in Iran to visit family Free Nazanin Campaign/AP 22/50 22 August 2018 Anti Brexit activists protest as they deliver a pile of medical supplies in cardboard boxes to the Department of Health and Social Care in London. Our Future, Our Choice (OFOC) Pro EU campaign group wants get its message to the public surrounding the predicted costs of Britain's "No Deal Hard Brexit", exit from the European Union AP 23/50 21 August 2018 Families enjoy rides on the dodgems during an Eid in the Park celebration marking Eid Al-Adha at the New River Sports ground in Wood Green, London. The traditional four-day celebratory festival marks one of the holiest days in the Islamic religious calendar Getty 24/50 20 August 2018 Jeremy Corbyn campaigns on Labour's 'Build it in Britain' policy at Alexander Dennis bus manufacturers in Falkirk,Scotland. The Labour leader will spend the next four days in Scotland in an attempt to revitalize the party there Getty 25/50 19 August 2018 Manchester United women's side walk out alongside Liverpool ahead of their first professional game since 2005. United disbanded their senior women's team thirteen years ago and returned with a win, beating Liverpool in their Continental Tyres Cup match clash at Prenton Park PA 26/50 18 August 2018 Great Britain's Reece Prescod, finishes second, to USA's Christian Coleman, centre, in a photo finish after they both ran 9.94. With USA's Noah Lyles, left, finishing third in the men's 100m final during the Muller Grand Prix at Alexander Stadium, Birmingham PA 27/50 17 August 2018 Paul Elliott, right, carries the coffin of his brother Barry, 73, at the New York Stadium, Rotherham, for his funeral following his death on Sunday August 5. The veteran entertainer was one half of comedy duo the Chuckle Brothers with Paul PA 28/50 16 August 2018 Students react as they receive their 'A' level results at Stoke Newington School and Sixth Form in London. Universities accepted thousands fewer students as pass rates hit lowest level since 2010 Reuters 29/50 15 August 2018 People gather on Market Street, Omagh, for the ceremony to mark the 20th anniversary of the Omagh bombing on 15 August 1998. The worst single atrocity of the Northern Ireland conflict killed 29, including a woman pregnant with twins PA 30/50 14 August 2018 Police arrest a man after he crashed a car into security barriers outside the Houses of Parliament Sky News 31/50 13 August 2018 Communities Secretary James Brokenshire today launched a £100 million pound government fund to end rough sleeping in England within the next decade. Brokenshire is pictured here at the central London headquarters for homelessness charity the Passage, where he launched the scheme PA 32/50 12 August 2018 Police officers stand guard at the scene of a shooting at Claremont Road in the Moss Side neighborhood of Manchester, Ten people were taken to hospital on August 12, 2018 after shots were fired in Manchester in northern England, police said. AFP/Getty 33/50 11 August 2018 Great Britain's Dina Asher-Smith reacts after she won gold in the women's 200m final at the European Athletics Championships in Berlin, completing the sprint double after she won the 100m just days before Getty/European Athletics 34/50 10 August 2018 Pedestrians walk past the entrance of the retail store House of Fraser in central London. The Chinese-owned UK department store chain, entered administration on August 10 only to be swiftly snapped up by retailer Sports Direct for £90 million ($115 million, 100 million euros) AFP/Getty 35/50 9 August 2018 Local people protest outside the Hillingdon Conservative Association office on August 9, 2018 in Uxbridge, England. Today's protest is being held following comments made by former Foreign Secretary, Boris Johnson, against the wearing of Burkas by Muslim women in the United Kingdom. An independent panel will investigate complaints made regarding Mr Johnson's comments and possible breaches of the Conservative Party code of conduct. Getty 36/50 8 August 2018 Britain's Prince William, right, and Britain's Prime Minister Theresa May, walk past a German flag, left, and a Britain's flag as they leave the Amiens cathedral, northern France. Prince William and Theresa May are marking the somber centenary of the Battle of Amiens, in France, a short, bloody and decisive battle that heralded the end of World War I AP 37/50 7 August 2018 Great Britain's Jack Laugher and James Heatly pose with their Gold and Bronze medal's respectively won in the 1 metre springboard men's final at the European Diving Championships in Glasgow EPA 38/50 6 August 2018 England cricketer Ben Stokes arrives at Bristol Crown Court accused of affray. The 27-year-old all-rounder and two other men, Ryan Ali and Ryan Hale are jointly charged with affray in the Clifton Triangle area of Bristol on September 25 last year, several hours after England had played a one-day international against the West Indies in the city PA 39/50 5 August 2018 Great Britain's Laura Kenny celebrates after winning the Women's Elimination Race final at the European Championships in Glasgow 40/50 4 August 2018 Ben Stokes celebrates taking the wicket of India's Hardik Pandya with team mates during the first test at Edgbaston Action Images via Reuters 41/50 3 August 2018 French President Emmanuel Macron waves to people as he arrives at the Fort de Bregancon for a meeting with British Prime Minister Theresa May epa 42/50 2 August 2018 Brexit Minister Dominic Raab is welcomed by French Minister attached to the Foreign Affairs Minister Nathalie Loiseau prior to a meeting in Paris AFP/Getty 43/50 1 August 2018 Demonstrators against Tommy Robinson outside the Royal Courts of Justice in London, where the former English Defence League leader has been freed on bail by the Court of Appeal after winning a challenge against a finding of contempt of court PA 44/50 31 July 2018 Friends of Lucy McHugh gather in Mansel Park, Southampton to release balloons in her memory. Lucy disappeared from her Southampton home last Wednesday and her body was later found in woodland near Southampton Sports Centre at 7.45am on Thursday PA 45/50 30 July 2018 Foreign Secretary Jeremy Hunt followed in the footsteps of his gaffe-prone predecessor Boris Johnson as he mistakenly referred to his Chinese wife as Japanese whilst on his first diplomatic mission to China AP 46/50 29 July 2018 Britain's Geraint Thomas, left, wearing the overall leader's yellow jersey and Britain's Luke Rowe hold the flag of Wales during the 21st and last stage of the 105th edition of the Tour de France cycling race between Houilles and Paris Champs-Elysees. Thomas is the first Welshman to win the Tour de France AP 47/50 28 July 2018 Passengers wait and queue following flight disruption at London Stansted Airport. The British National Air Traffic Services (Nats) placed temporary restrictions during the adverse weather on 27 July leading to flight cancellations and delays across Britain EPA 48/50 27 July 2018 The scene on the A96 between Huntly and Keith in Moray where a five people have died and five more were injured after a crash between a minibus and a car. PA 49/50 26 July 2018 Anti-Brexit campaigners parked a removal van outside the Foreign Secretary's official home in central London in protest of former Foreign Secretary Boris Johnson's continued residence there PA 50/50 25 July 2018 Labour leader Jeremy Corbyn during his visit to HS2 trains bidder Bombardier in Derby, following the launch of the party's new Build it in Britain campaign PA

In response to the finding that the surveillance practices violated the right to free speech, Antonia Byatt, director of writers’ association English PEN, said: “Excessive surveillance discourages whistle-blowing and discourages investigative journalism.

“The government must now take action to guarantee our freedom to write and to read freely online.”

Dan Carey of Deighton Pierce Glynn, a solicitor representing the applicants, said the ECHR had told the government it did not have “a free hand” when it came to spying on its citizens.

“In several key respects the UK’s laws and surveillance practices have failed,” he said. ”In particular, there needs to be much greater control over the search terms that the government is using to sift our communications.”

A government spokesperson said: “The Investigatory Powers Act 2016 replaced large parts of the Regulation of Investigatory Powers Act (RIPA) which was the subject of this challenge.

“This includes the introduction of a ‘double lock’ which requires warrants for the use of these powers to be authorised by a Secretary of State and approved by a judge.

“An Investigatory Powers Commissioner has also been created to ensure robust independent oversight of how these powers are used.

“The Government will give careful consideration to the Court’s findings.”

The Independent has launched its #FinalSay campaign to demand that voters are given a voice on the final Brexit deal.