FILE: An aerial image of the Government Communications
Headquarters (GCHQ) in Cheltenham, Gloucestershire. (Ministry of Defence)
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LONDON - U.K. spies acted illegally when they scooped up
data about Britons' electronic communications gathered by the U.S. National
Security Agency, a court ruled Friday in a landmark judgment against Britain's
security services.
But the judges said now that details of the practices are
known, they are within the law.
Britain's Investigatory Powers Tribunal, which deals with
complaints against the intelligence services, ruled in a case brought by civil
liberties groups against the electronic intelligence agency, GCHQ.
It said that before December 2014, "the regime
governing the soliciting, receiving, storing and transmitting by U.K. authorities
of private communications of individuals" gathered by the NSA contravened
European Union protections of privacy and freedom of expression.
But it said the practices were now legal — because the
rights groups' lawsuit had made details of the procedures and safeguards
public.
The groups brought the case after U.S. intelligence analyst
Edward Snowden's disclosures about the mass harvesting of communications data.
Snowden disclosed NSA programs known as PRISM — which accessed data from
Internet firms such as Yahoo and Google — and Upstream, which tapped into
undersea communications cables.
The groups that brought the claim — Liberty, Privacy
International, Bytes for All and Amnesty International — called the judgment a
partial victory. It is the first time the tribunal has ruled against an
intelligence agency since it was established 15 years ago.
Privacy International director Eric King said the ruling
confirmed that "over the past decade, GCHQ and the NSA have been engaged
in an illegal mass surveillance-sharing program that has affected millions of
people around the world."
The groups said they would appeal the ruling that the
data-sharing was now legal to the European Court of Human Rights.
The ruling does not require GCHQ to pay a fine or delete any
of the illegally gathered data, though individuals can ask the tribunal to find
out whether their communications were intercepted unlawfully. If so, GCHQ could
be forced to delete it.
GCHQ said it was pleased the court had found that it
complied with the law. It also said the ruling "does not require GCHQ to
change what it does to protect national security in any way."
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