Finding Proportionality in Surveillance Laws – Andrew Murray

12 12 2015

mi5The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age”. It is fair to sat this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas. Read the rest of this entry »





Case Law, Strasbourg: Saint Paul Luxembourg SA v Luxembourg, Newspaper protected under Articles 8 and 10 – Hugh Tomlinson QC

17 05 2013

cabecalho_abertoIn the case of Saint Paul Luxembourg SA v Luxembourg (Case No 26419/10) decided on 18 April 2013, the Fifth Section of the Court of Human Rights considered the protection of journalists against coercive court orders.  It held that a warrant to search a newspaper office was, in the circumstances,  a violation of Article 8 and, because it was in wide terms which potentially included information about sources, it was also a violation of Article 10.  The Judgment is only available in French. Read the rest of this entry »