Data retention / Human rights / Intelligence and security agencies / interception / Jurisdiction / mass surveillance / national security / Security / terrorism

Questions on UK bulk communications data capabilities referred to the EU Court of Justice

The validity of EU Member State legislation to collect and analyse bulk communications (meta)data about us by the security agencies continues to be vexed by questions over the application of EU privacy law requirements The UK Investigatory Powers Tribunal (IPT) has this month referred questions to the EU Court of Justice (CJEU) in a decision … Continue reading

Intelligence and security agencies / interception / Personal data / Surveillance / terrorism

Bulk Personal Datasets and the ‘Spectre’ of Pervasive Surveillance Concerns Back in the Spotlight with the Investigatory Powers Bill

Are proposals to introduce oversights over state powers to obtain, analyse, and retain mass sets of personal details sufficient to alleviate concerns where they include data about individuals unconnected to investigations? Much has been written about the UK government’s proposed new Investigatory Powers Bill (IPB) since it was published for consultation by the Home Office, … Continue reading

Access to data / Internet intermediaries / Surveillance / terrorism

What if the French constitutional judges had read the Davis Judgement? Would we be living in a better world?

The French Constitutional Court (Conseil Constitutionnel) issued its decision n°2015-713 DC on the recently adopted Law on intelligence on 23 July 2015. Reading its decision after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology. The newly adopted law on intelligence is … Continue reading

Data protection / Data retention / Surveillance

The Davis judgement: does Article 8 of the European Charter go beyond Article 8 of the ECHR?

Here we are! The last episode of the UK saga “and what do we do with data retention laws” has been issued by the English High Court, with its judgement in the case David Davis MP, Tom Watson MP, Peter Brice, Geoffrey Lewis v The Secretary of State for the Home Department [2015] EWHC 2092 … Continue reading