ECHR Jurisdiction and Mass Surveillance: Scrutinising the UK Investigatory Power Tribunal’s Recent Ruling

About/Bio

Scarlet Kim is a legal officer at Privacy International. She is a dual-qualified (U.S. and England/Wales) lawyer. She previously worked as an Associate Legal Adviser at the International Criminal Court and as a Gruber Fellow at the New York Civil Liberties Union. She received her J.D. from Yale Law School and her B.A. from Yale University.

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ECHR Jurisdiction and Mass Surveillance: Scrutinising the UK Investigatory Power Tribunal’s Recent Ruling

June 9, 2016

Scarlet Kim

Last week, as discussed in a post by Marko Milanovic, the UK Investigatory Powers Tribunal (IPT) ruled that it lacked jurisdiction under the European Convention of Human Rights (ECHR) to adjudicate Article 8 and 10 claims brought by persons “situated outside” of the UK (para. 60). The IPT is a specialised judicial body that hears complaints…