London Daily

Focus on the big picture.
Sunday, Jun 14, 2026

GCHQ’s mass data interception violated right to privacy, court rules

GCHQ’s mass data interception violated right to privacy, court rules

Human rights judgment follows legal challenge begun in 2013 after Edward Snowden’s whistleblowing revelations
The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.

In what was described as a “landmark victory” by Liberty, one of the applicants, the judges also found the bulk interception regime breached the right to freedom of expression and contained insufficient protections for confidential journalistic material but said the decision to operate a bulk interception regime did not of itself violate the European convention on human rights.

The chamber, the ultimate court of the ECHR, also concluded that GCHQ’s regime for sharing sensitive digital intelligence with foreign governments was not illegal.

The grand chamber judgment is the culmination of a legal challenge to GCHQ’s bulk interception of online communications begun in 2013 by Big Brother Watch and others after Edward Snowden’s whistleblowing revelations concerning the interception, processing and storing of data about millions of people’s private communications by the eavesdropping agency.

The case concerned the interception regime previously operated by GCHQ, which was replaced in 2016 by the Investigatory Powers Act (IPA).

In Tuesday’s ruling, which confirmed elements of a lower court’s 2018 judgment, the judges said they had identified three “fundamental deficiencies” in the regime. They were that bulk interception had been authorised by the secretary of state, and not by a body independent of the executive; that categories of search terms defining the kinds of communications that would become liable for examination had not been included in the application for a warrant; and that search terms linked to an individual (that is to say specific identifiers such as an email address) had not been subject to prior internal authorisation.

Its judgment stated: “In order to minimise the risk of the bulk interception power being abused, the court considers that the process must be subject to ‘end-to-end safeguards’, meaning that, at the domestic level, an assessment should be made at each stage of the process of the necessity and proportionality of the measures being taken; that bulk interception should be subject to independent authorisation at the outset, when the object and scope of the operation are being defined; and that the operation should be subject to supervision and independent ex post facto (retrospective) review.”

Liberty’s lawyer Megan Goulding said: “Bulk surveillance powers allow the state to collect data that can reveal a huge amount about any one of us – from our political views to our sexual orientation. These mass surveillance powers do not make us safer.

“Our right to privacy protects all of us. Today’s decision takes us another step closer to scrapping these dangerous, oppressive surveillance powers, and ensuring our rights are protected.”

Liberty said the decision would allow its challenge to the IPA – nicknamed the “snooper’s charter” by critics – to proceed in the UK courts, having been stayed pending the chamber’s decision.

Other applicants stressed that there was still plenty of work to be done to protect privacy, while some of the 17 dissenting judges said the ruling had not gone far enough.

Ilia Siatitsa, acting legal director at Privacy International, said it was “an important win for privacy and freedom for everyone in the UK and beyond” but added: “It is not the end.”

Jim Killock, executive director of the Open Rights Group, said: “The court has set out clear criteria for assessing future bulk interception regimes, but we believe these will need to be developed into harder red lines in future judgments, if bulk interception is not to be abused.”

One of the partially dissenting judges, Paulo Pinto de Albuquerque said the ruling had opened the gates for an electronic “Big Brother” in Europe. Four other judges also partially dissented from the majority opinion, disagreeing with the finding that the regime for sharing sensitive digital intelligence with foreign governments was not illegal. Three of the dissenting judges quoted from George Orwell’s Nineteen Eighty-Four: “There was of course no way of knowing whether you were being watched at any given moment.”

Snowden’s 2013 revelations included details of an operation codenamed Tempora, which tapped into and stored huge volumes of data drawn from fibre-optic cables.

A government spokesperson said: “The UK has one of the most robust and transparent oversight regimes for the protection of personal data and privacy anywhere in the world. This unprecedented transparency sets a new international benchmark for how the law can protect both privacy and security whilst continuing to respond dynamically to an evolving threat picture.

“The 2016 Investigatory Powers Act has already replaced large parts of the 2000 Regulation of Investigatory Powers Act (RIPA) that was the subject of this challenge. We note today’s judgment.”
Newsletter

Related Articles

0:00
0:00
Close
Royal Navy Takes Part in Trooping the Colour for the First Time in 350 Years
Think Tank Warns Labour's European Union Reset Could Carry Significant Economic Costs
UK Semiconductor Centre and Japan's Rapidus Forge Advanced Chip Manufacturing Partnership
UK and Japan Launch Offshore Wind Compact Backed by £9 Billion in Investment
Starmer and Trump Discuss Iran Peace Efforts and Reopening of the Strait of Hormuz
United Kingdom and Japan Sign £18 Billion Investment Partnership Focused on Clean Energy and Advanced Technology
Barclays Moves to Acquire GoHenry in Bid to Expand Youth-Focused Fintech Services
UK Lupus Patients Show Remission in NHS Genetic Therapy Trial
London Clean Air Zones Linked to Fewer Emergency Hospital Admissions for Respiratory Illness
UK World Cup Scheduling Research Suggests Energy Bill Savings From Off-Peak Usage
UK Economic Anxiety Rises Among Young People Over Long-Term Job Prospects
NHS Expands Meningitis B Vaccination Programme for School Leavers and New Students
London Ultra-Low Emission Zone Linked to Drop in Emergency Respiratory Hospital Admissions
Derbyshire Police Officer Investigated Over Alleged Use of AI-Generated Evidence in Case Files
UK Parents Back Proposed Under-16 Social Media Ban as Online Safety Concerns Grow
Four Palestine Action Activists Jailed Over Sabotage Attack on Israeli-Linked Arms Facility
Barclays to Acquire GoHenry in Push to Expand Digital Banking for Children and Teenagers
UK Government Reaffirms Defence Spending Commitment Amid Cabinet Pressure and Political Disputes
Belfast Unrest Prompts Security Review as Paramilitary Activity Comes Under Renewed Scrutiny
SpaceX IPO Pushes Elon Musk to Become World’s First Trillionaire After Record Valuation Surge
United States and Iran Near Landmark Peace Framework as Negotiations Reach Final Stages
UK Competition Watchdog Investigates Ryanair Family Seating Charges
Imperial College Study Links London Emissions Charges to Lower Hospital Admissions
Scottish First Minister Launches US Trade Initiative Ahead of World Cup Match in Boston
Fifteen Million Workers Gain Expanded Sick Pay Rights Under UK Reforms
British Retail Investors Secure Record Participation in SpaceX Share Offering
Keir Starmer and Micheál Martin Coordinate Response to Northern Ireland Violence
NHS Prepares for Major Disruption as Resident Doctors Announce Four-Day Strike
Bank of England Expected to Hold Rates as Energy Costs Complicate Inflation Outlook
Britain Moves to Ban Under-16s From High-Risk Social Media Platforms and AI Chatbots
UK Economy Contracts as Middle East Conflict Weighs on Growth
Defence Secretary John Healey Resigns Over Military Spending Dispute With Treasury
Prime Minister Keir Starmer Faces Leadership Crisis After Senior Cabinet Resignations
NHS Trust Secures Funding for AI Tool to Detect Heart Failure Earlier
Government Unveils £4.5 Billion Investment Plan for Walking and Cycling Infrastructure
Nationwide Reports UK House Prices Falling as Borrowing Costs Remain Elevated
Centre for Social Justice Says Two Million Britons Are Using Illegal Loan Sharks
UK Carmakers Warn EU Local Content Rules Could Damage British Manufacturing
UK Government Imposes Emergency Ban on Seven Potent Synthetic Opioids
Royal Navy Completes Major North Atlantic Anti-Submarine Exercise Off Norway
NHS Figures Show Nearly 3,000 Patients a Day Receiving Care in Hospital Corridors
CBI Cuts UK Growth Forecast as Middle East Tensions Drive Inflation Risks Higher
Dan Jarvis Appointed UK Defence Secretary Following Major Government Reshuffle
University College London Study Links Physical Punishment to Higher Risk of Bullying
East Midlands Railway Unveils First Refurbished Train in £60 Million Modernization Programme
RNLI Issues National Water Safety Appeal Ahead of Expected Heatwave
Climate Change Raises Subsidence Risks for Millions of Homes Across Southeast England
Manchester Advances Plans for Underground Piccadilly Station With £1 Million Funding Commitment
Anti-Immigration Violence Continues in Belfast Amid Heightened Security Concerns
UK Law Locks Great British Railways Into Public Ownership
×