In response to the IPT’s Judgments of December 5, 2014 and February 6, 2015 in the Liberty et al challenge, on February 17, 2015, Privacy International posted a petition for the purpose of allowing individuals from any country to provide their email addresses and telephone numbers in order for the GCHQ to ascertain whether it had obtained their communications from the NSA’s Prism and Upstream programs before December 2014. Privacy International’s idea was that petitioners whose communications were found to have been obtained would receive declarations from the IPT that the GCHQ had violated their rights under Articles 8 and 10 of the European Convention on Human Rights, and would be able to request that the GCHQ delete their illegally obtained communications.
In light of its Judgment of April 29, 2015 in the Belhadj case, described in a separate post, the IPT rejected the government’s position that in accord with NCND, the IPT should not inform individuals of whether the GCHQ had illegally obtained their communications from the NSA. The IPT refused, however, to allow Privacy International to use its petition to consolidate the presentation of individual claims, and instead required individuals to file their own claims.
On September 14, 2015, Privacy International responded to the IPT’s ruling by posting forms for individuals to use to receive a determination from the IPT of whether the GCHQ unlawfully obtained their records from the NSA before December 2014.