The controversial Snooper’s Charter – the Investigatory Powers Act 2016 – could be short-lived.
In an ironic twist, the Secretary for all things Brexit, David Davies MP, took a challenge to the remit of the Act to the European Courts and the verdict is damning:
“General and indiscriminate retention of e-mails and electronic communications by governments is illegal”.
It’s being lauded as a victory for privacy – a concept which some say is becoming more and more benign in the modern world. We’ll be watching the return of this episode to the Court of Appeal with interest…
“General and indiscriminate retention” of emails and electronic communications by governments is illegal, the EU’s highest court has ruled, in a judgment that could trigger challenges against the UK’s new Investigatory Powers Act – the so-called snooper’s charter. Only targeted interception of traffic and location data in order to combat serious crime – including terrorism – is justified, according to a long-awaited decision by the European court of justice (ECJ) in Luxembourg. The finding came in response to a legal challenge initially brought by the Brexit secretary, David Davis, when he was a backbench MP, and Tom Watson, Labour’s deputy leader, over the legality of GCHQ’s bulk interception of call records and online messages.