Malone v Metropolitan Police Commissioner [1979] Ch 344, EWHC
Citation:Malone v Metropolitan Police Commissioner [1979] Ch 344, EWHC
Rule of thumb:Can the Police monitor your phone & other private emails etc? At common law, no, not if they do not have a warrant.
Judgment:
The basic facts of this case were that Malone was suspected of being involved in some form of crime. The case turned out that he indeed was not involved in crime. However, Malone’s phone had been tapped by the police in order to investigate him. Malone sought a judicial review of this on the basis that the police did not have statutory powers to do this making this an ultra vires act. It turned out that the Minister had authorised the police to do this using ministerial prerogative. The Court held that the Act was not a breach of administrative law because the Police had not actually breached any statutory provisions or regulations, although Malone did then go on to successfully appeal when he made the argument on human rights grounds‘... everything is permitted (to be done by Ministers) except what is expressly forbidden...’ Viscount Megarry
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