Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal (also known as the Third Direction case)
Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal (also known as the Third Direction case)
- Thomas E. WebbThomas E. WebbSenior Lecturer in Law, Lancaster University
Abstract
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal. The case (also known as the Third Direction case) concerned whether the security service (MI5) was able to authorize its agents to commit criminality in the course of their work, and whether such authorization could grant immunity to said agents from criminal prosecution. The case has, in substance, been superseded by the passage of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, but it nonetheless raises more fundamental questions about the relationship between the rule of law and national security. The document also includes supporting commentary and questions from author, Thomas Webb.
