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

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

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

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