The Court of Appeal gave its¬†judgment this morning on the¬†Government’s appeal against the Divisional Court’s ruling in July in a claim for judicial review of DRIPA 2014, brought by David Davis MP and Tom Watson MP.¬† The ruling had been eagerly awaited by students of the Investigatory Powers Bill.

In summary, the judgment changes the legal weather around the bulk retention of (and access to) communications data, in a way that the Government will welcome.  But the Court of Appeal has deferred to the Court of Justice of the European Union (CJEU) for a final determination of the issues.  Even with the expedition that has been sought, it must be doubtful whether that will be obtained before the scheduled enactment of the Investigatory Powers Bill in late 2016.

Here is the judgment: Read more…


“A Question of Trust”, the report of my Investigatory Powers Review under DRIPA 2014 s7, was laid before Parliament today.¬† It¬†can be accessed below¬†in print¬†and web accessible versions, together with the accompanying press release and (so far as the authors were willing for it to be published) the evidence submitted to the Review in writing.¬† The Report is also ¬†available¬†free¬†of charge from¬†the following¬†sites: