What happened today?
The Grand Chamber of the EU’s Court of Justice (CJEU) gave judgment this morning in the case brought in 2014 by David Davis MP and Tom Watson MP, from which David Davis withdrew on his appointment to Government.¬†¬†They¬†challenged the¬†powers to require the¬†retention of certain types of communications data – not the content, but the “who, where and when” of communications –¬† in the Data Protection and Investigatory Powers Act 2014 (DRIPA 2014).
The Court spelled out the requirements of EU law, specifically, the privacy protections of the EU Charter of Fundamental Rights, in a manner which makes it plain that DRIPA 2014 is incompatible with those requirements.¬† In doing so, it went further than the more¬†pragmatic opinion of its own Advocate General and¬†further also than the existing case law of its sister court, the (non-EU) European Court of Human Rights. Read more…
I lectured last week to the Hart judicial review conference on recent cases¬†concerning terrorism and surveillance.¬† Most (though not all) are judicial review cases.
Attached, in case of interest to any law students, practising lawyers or others, are:
Also of possible interest to lawyers is this video of a webcast I did for the International Bar Association on 30 November: it is a long interview by a BBC journalist, interspersed with questions from around the world, which touches on legal issues in terrorism, extremism and surveillance.
You can read a shortened version of the interview here.
The Investigatory Powers Act 2016 became law on 29 November, when it received Royal Assent.¬† It¬†will be brought into force in stages over (I assume) the coming months.
The Act gets the big things right. Read more…