Disclosures in the Liberty challenge to Tempora

At or after the closed hearing ordered by the IPT in the Liberty challenge, the UK government agreed to the following disclosures summarizing the evidence presented. As numbered in the IPT’s Judgment of December 5, 2014, the disclosures are:

3. The Intelligence Services’ “internal ‘arrangements’” allow authorized persons access to unanalyzed material and associated metadata intercepted under a RIPA s.8(4) warrant only if the justification for such access is first recorded.

4. The Intelligence Services have “internal ‘arrangements’” that specify (“or require to be determined on a system-by-system basis”) retention periods for unanalyzed material and associated metadata intercepted under RIPA s.8(4) warrants. While the retention periods “are normally no longer than 2 years,” longer retention is possible if prior authorization is obtained “from a senior official within the particular Intelligence Service at issue” who has determined that the retention is “necessary and proportionate.”

5. The Intelligence Services “internal ‘arrangements’” are “periodically reviewed to ensure that they remain up-to-date and effective. Further, the Intelligence Services are henceforth content to consider … whether more of those internal arrangements might safely and usefully be put into the public domain (for example, by way of inclusion in a relevant statutory Code of Practice).” Judgment of December 5, 2014, para. 126.

Leave a Reply