The judges identified two key problems with the law: that it does not provide for independent court or judicial scrutiny to ensure that only data deemed “strictly necessary” is examined; and that there is no definition of what constitutes “serious offences” in relation to which material can be investigated. For legal authority, the judges relied on an earlier decision, known as Digital Rights Ireland, by the European Court of Justice in Luxemburg, which is binding on UK courts.In their challenge, Davis and Watson argued that the law allowed the police and security services to spy on citizens without sufficient privacy safeguards.They said the legislation was incompatible with article eight of the European convention on human rights, the right to respect for private and family life, and articles seven and eight of the EU charter of fundamental rights, respect for private and family life and protection of personal data.The MPs complained that use of communications data was not limited to cases involving serious crime, that individual notices of data retention were kept secret, and that no provision was made for those under obligation of professional confidentiality, in particular lawyers and journalists. Nor, they argued, were there adequate safeguards against communications data leaving the EU.
Source: High court rules data retention and surveillance legislation unlawful | World news | The Guardian
Nice to see that at least EU courts can display sanity from time to time!
Robin Edgar
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