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  • Norman Baker MP: test case challenges blanket ban on access to MI5 files

  • 25 Jun 2001

  • Starts Wednesday 27th June 2001 - 10.00am

    Case will be heard by the Data Protection Tribunal - National Security Appeals
    At the International Dispute Resolution Centre, 8 Breams Buildings, off Chancery lane, London EC4.

    Mr Baker, the Liberal Democrat MP for Lewes, applied in July 2000 under the Data Protection Act to see any material that the Security Service held on him. He was informed by the Security Service (in August) that there was no data held on him in three categories; staff administration, building security CCTV and commercial agreements. Mr Baker accepts that is the case. However he was also informed that for any other data (the real files) the Security Service was exempt from the notification and subject access provisions of the Data Protection Act.

    Mr Baker is appealing against the exemption - both against the decision made by the Security Service on his files in August 2000 and against the issuing of a blanket certificate by the Secretary of State on 22 July 2000 which prevents any access to MI5 files.

    The appeals will be the first cases dealt with by the newly formed National Security Data Protection Tribunal. We have had two directions hearing held in private; the hearing on 27th June will be in public.

    We expect Norman Baker to be attending the opening day of the hearing. He will be represented by Andrew Nicol QC, Henrietta Hill (both Doughty St Chambers) and James Welch, Legal Director of Liberty.

    The Information Commissioner, Elizabeth France, has been granted leave to make a statement to the Tribunal. Her lawyers will also be present - as will lawyers for MI5.