Law Weblog

Investigatory Powers Tribunal hears its first case (after 10 years)

Tuesday 10 August 2010 at 10:13 am | In News | 1 Comment On 30 July 2010, for the first time in its 10 year history the Investigatory Powers Tribunal (IPT) heard a challenge at an open hearing.

It ruled that it was not a proper purpose and not necessary to use surveillance powers to spy on a Dorset couple who were thought to be living outside the catchment area for the over-subscribed Lilliput First School, which they wanted their child to attend.

The IPT further found that the surveillance breached the family’s right to privacy under Article 8 of the Human Rights Act.

Section 65 of the Regulation of Investigatory Powers Act 2000 set up the Investigatory Powers Tribunal, which exists to investigate complaints about conduct by various public bodies.

Jenny Paton and partner Tim Joyce took Poole Borough Council (PBC) to the tribunal because the council had used the Regulation of Investigatory Powers Act (RIPA) to spy on her family 21 times.

Almost 800 public bodies – including 474 local councils – under RIPA assumed powers to snoop through covert surveillance, phone records and private correspondence. It is argued that councils need the powers to target “serious criminals such as fly tippers, rogue traders and benefit fraudsters”.