The applicants contend that their rights under article 8 ECHR have been infringed upon in two ways:
- Firstly, according to them, the British intelligence service has monitored their communication without sufficient legal basis.
Second, it has obtained information on their communication via the internet from the NSA without sufficient legal basis.
If courts in the UK deem that a legal provision contravenes the Convention, they can in general make a statement of incompatibility (see section 4 of the Human Rights Act), which does not make the provision in question inapplicable, though. The European Court of Human Rights asked the parties whether the Investigatory Powers Tribunal could have made such a statement and whether this would have been an effective domestic remedy.