Data retention / Intelligence and security agencies

Updated communications data codes of practice come into effect in the UK

Legal framework for managing the processes around mandatory communications data regime formally enhanced Secondary legislation (the Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2015 (SI 2015/927) and the Retention of Communications Data (Code of Practice) Order 2015 (SI 2015/926)) was enacted at the end of March, bringing into … Continue reading

Data retention / Human rights

Joint Human Rights Committee issues report scrutinising expansion by the Counter-Terrorism and Security Bill of UK data retention powers under the Data Retention and Investigatory Powers Act 2014

Big Brother’s ‘Little Brother’ revision law also goes beyond what is strictly necessary from a human rights perspective, warns Committee The UK Joint Human Rights Committee has expressed doubts as to whether proposed data retention powers in the Counter-Terrorism and Security (CTS) Bill satisfy the requirements of the CJEU’s 2014 Digital Rights Ireland (DRI) decision … Continue reading

Data retention

New Dutch data retention law subject to judicial review

‘Mind your step’ – Repeal looms large in Europe for attempts to legalise invalid legislation Last year, many thought data retention legislation across Europe would withdraw quietly into the history books. In April, the Data Retention Directive (2006/24/EC) was declared invalid by Europe’s highest court (the CJEU) – based on its finding that the duration … Continue reading

Access to data / Data retention / Internet intermediaries / Law enforcement

The (EU Parliament) Legal Service’s opinion on the impact of the invalidity of the data retention Directive…. Is the wind starting to blow?

On 8 January, the legal service of the European Parliament released an opinion, the purpose of which was to answer 9 questions posed by its LIBE Committee (Civil Liberties, Justice and Home affairs), as regards the effect of the judgment of CJEU in the landmark Digital Ireland (DRI) case of 8 April 2014 on the … Continue reading

Data retention / Internet intermediaries / Surveillance

Home Office consults on proposals to update communications data codes of practice in the UK

Legal framework for mandatory communications data regime continues to evolve The UK Home Office has launched a consultation on plans to update the acquisition and disclosure of communications data code of practice and introduce a new retention of communications data code of practice. Both documents are provided in draft form. The former code sets out … Continue reading

Access to data / Data retention / Internet intermediaries / Law enforcement / Surveillance

Could the Counter-Terrorism and Security Bill really change things for online service providers?

The Counter-Terrorism and Security Bill (CTSB) was introduced in the House of Commons on 26 November 2014 as a way to “address the capabilities gap the authorities face when it comes to communications data” says Theresa May. In particular, the aim is to “require internet providers to retain Internet Protocol – or IP – address … Continue reading