Tag Archives: communications data

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

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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 →

Access to data / Data protection / IP Bill / mass surveillance / metadata / national security / Surveillance / terrorism

The IPT in Privacy International v Secretary of State for Foreign and Commonwealth Affairs: Is it saying the IPB should be welcome?

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The investigatory Powers Tribunal (IPT) delivered its judgment yesterday in the case Privacy International v. Secretary of State for Foreign and Commonwealth Affairs et al. The skeleton arguments for the claimants and respondents can be accessed here. In a nutshell and as recalled by para. 3 of the judgement: “The proceedings were brought on 5th June … Continue reading →

Data retention / interception / Security / Surveillance

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

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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 / content data / Data protection / Data retention / deep packet inspection / ISPs / Law enforcement / metadata / Personal data / Privacy / Surveillance

The Draft IP Bill and data retention obligations: on the irony of the invalidation of the Data Retention Directive

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The Draft Investigatory Powers (IP) Bill was published on the 4th of November. It aims to “govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies” in the UK. It is an attempt both to simplify the legal framework and legalise practices, which means it is, in part, … 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?

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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 / Internet intermediaries / safe harbour / Surveillance

On surveillance, safe harbour and Schrems…Are we that stuck?

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Readers of this blog will almost certainly be aware that the European Union (EU) was the first regional organisation on the international stage to adopt a comprehensive, and relatively stringent, data protection regime. Yet, as the Internet is a global communications infrastructure, the EU has had to find ways to dialogue with non-EU (‘third’) countries … 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?

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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 →

Data retention / Intelligence and security agencies

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

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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 →

Intelligence and security agencies / interception

Two Parliamentary reports give unique insight into the operations of the UK intelligence services, while advocating for overhaul of “piecemeal and “unnecessarily complicated” surveillance rules

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Call for more transparency in UK surveillance legal regime accompanied by revelations regarding the existence of ‘bulk personal datasets’ Two important reports were presented to Parliament in March. They represent a landmark in terms of the level of transparency they provide surrounding the activities of the UK intelligence and security agencies. The reports are: The … Continue reading →

Intelligence and security agencies / interception

Interception of communications data by UK intelligence agencies breached human rights, rules Investigatory Powers Tribunal, but breach subsequently held to be rectified

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Tribunal throws unprecedented critical spotlight on the human-rights compliancy of the UK ‘spy’ agency activities revealed by Snowden The difficulties created by the borderless nature of modern communications are no more evident than when considered in the context of the duties of nation states to look after the security of their citizens, and the outpacing … Continue reading →