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Submission to the Investigatory Powers Commissioner’s Office (IPCO) Consultation on Proportionality of Bulk Powers
This submission is made by Dr. Daragh Murray, Prof. Pete Fussey and Prof. Maurice Sunkin QC (Hon), members of the University of Essex Human Rights, Big Data & Technology Project based at the University of Essex Human Rights Centre.
This submission will focus on a number of issues relevant to the use of bulk powers, and on measures to ensure effective oversight of these powers. Specifically, this submission will address: the ‘strict necessity’ test established under the case law of the European Court of Human Rights and the Court of Justice of the European Union, the range of rights to be included in any assessment of harm, the proposed margin of judgement to be granted to the Secretary of State in determining national security priorities, and factors relevant to ensuring effective oversight in practice.