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

Data retention / interception / Security / Surveillance

UK Codes of Practice Enacted to Develop Regulation of State Surveillance Powers

Law and policy regarding the capture of communications data continues to dominate the headlines for 2016 The European Data Protection Day, and the equivalent US/Canadian Data Privacy Day, coincided last week on 28 January. Their purpose – this year in the 10th edition of their kind, corresponding to the anniversary of the opening for signature … 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after having read the Davis judgment of the English High Court, one wonders whether legal syllogism has suddenly been replaced by useless tautology.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 / Internet intermediaries

ISPs: data controllers as well as mere conduits? Does this make sense? What do we do with the e-privacy Directive if we care?

So here we are, the English Court of Appeal, as it has been explained by Alison in her post, has recently held in the Google v Vidal-Hall case, among other things, that there was a serious issue to be tried that Browser-Generated Information (BGI) is personal data under the Data Protection Act of 1998 (DPA), … Continue reading