Tag Archives: DRIPA

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 / content data / Data protection / Data retention / Internet intermediaries / ISPs / mass surveillance / metadata / national security

The CJEU in Tele2 Sverige: are general(ised) data retention obligations incompatible with EU law?

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Christmas was particularly festive for privacy advocates with the Court of Justice of the European Union (CJEU) judgement in the joint cases C‑203/15 Tele2 Sverige AB v Postoch telestyrelsen and C‑698/15 Secretary of State for the Home Department v Secretary of State for the Home Department and the leak of the European Commission’s upgraded version … 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 →

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

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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 / 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 →

Data protection / Data retention / Surveillance

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

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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

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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 →

Data retention / Internet intermediaries

Counter-Terrorism and Security Act 2015 receives UK Royal Assent

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Confirmed (albeit temporary) expansion in data retention powers to add new cyber-clue pieces to identity-profile ‘jigsaws’ The Counter-Terrorism and Security Act 2015 was enacted on 12 February 2015, following agreement by both Houses of Parliament on the text of the Bill (discussed on this blog here and here). The Act contains a number of tough … 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

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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

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‘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 →