Going 'Below the Waterline': The Paradoxical Regulation of Secret Surveillance in the UK

4 Pages Posted: 26 Mar 2015

See all articles by Bernard Keenan

Bernard Keenan

London School of Economics - Law Department

Date Written: March 2015

Abstract

The Investigatory Powers Tribunal recently found that government surveillance was unlawful, marking the first time that the secretive court has ever ruled against the UK’s Intelligence Services. Yet the Tribunal also held that the unlawful situation had been remedied by the Tribunal’s decision; a paradoxical and unprecedented result that says much about the difficulties of effectively regulating secret activity.

Keywords: Investigatory Powers Tribunal, Investigatory Powers Act, surveillance, privacy

Suggested Citation

Keenan, Bernard, Going 'Below the Waterline': The Paradoxical Regulation of Secret Surveillance in the UK (March 2015). LSE Law - Policy Briefing Paper No. 9. Available at SSRN: https://ssrn.com/abstract=2583806 or http://dx.doi.org/10.2139/ssrn.2583806

Bernard Keenan (Contact Author)

London School of Economics - Law Department ( email )

London, WC2A 2AE
United Kingdom

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