Untouchable Government Hacking Perverts Bringing Fear to The Nation

Law Society guidance amid surveillance scandals

The Law Society is considering issuing new guidance to solicitors across England and Wales amid growing concern that the government’s mass online surveillance operations are undermining their ability to take legal cases against the state.

Lawyers representing people who make serious complaints against the police, army or security services fear the industrial-scale collection of email and phone messages revealed by the Guardian over the past four months is threatening the confidential relationship between them and their clients, jeopardising a crucial plank of the criminal justice system.

“These are absolutely fundamental issues,” said Shamik Dutta, from Bhatt Murphy lawyers in London. “The NSA revelations are having a chilling effect on the way a crucial part of the justice system operates. Individuals who are making serious allegations of wrongdoing against the state are becoming increasingly concerned about whether the information they share with their lawyers will remain confidential.”

• GCHQ is probably intercepting legally privileged communications between lawyers and their clients, according to a detailed claim filed on behalf of eight Libyans involved in politically sensitive compensation battles with the UK.

The accusation has been lodged with Britain’s most secret court, the investigatory powers tribunal (IPT), which examines complaints about the intelligence services and government use of covert surveillance. Most of its hearings are in private.

The allegation has emerged in the wake of the Guardian’s revelations about extensive monitoring by GCHQ of the internet and telephone calls, chiefly through its Tempora programme.

Article by: Matthew Taylor/Nick Hopkins

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