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Regulation of investigatory powers: human rights


Law Society Gazette, 12/08/2019

The Investigatory Powers Act 2016 contained sufficient safeguards against the risk of abuse of power and was not inconsistent with the requirement that interference with human rights had to be in accordance with the law. The Divisional Court, in dismissing the claimant's application for judicial review and refusing a declaration of incompatibility, further held that recent disclosures made by the defendants about MI5's handling procedures did not establish that the Act itself was incompatible with the European Convention on Human Rights. … Martin Chamberlain QC, Ben Jaffey QC and David Heaton (instructed by Bhatt Murphy) for the claimant. James Eadie QC, Gerry Facenna QC, Julian Milford and Michael Armitage.