Data Retention and Investigatory Powers Act 2014 unlawful, court says

17/07/2015
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A judgement by the Divisional Court, issued today, declares section 1 of the Data Retention and Investigatory Powers Act (DRIPA) 2014 inconsistent with European Union law.

The court says that:

a) it does not lay down clear and precise rules providing for access to and use of communications data retained pursuant to a retention notice to be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating to such offences; and
b) access to the data is not made dependent on a prior review by a court or an independent administrative body whose decision limits access to and use of the data to what is strictly necessary for the purpose of attaining the objective pursued.

The court will make an order to disapply this section of DRIPA, but not until 31 March 2016, as the government has already announced its intention to legislate in the current session of Parliament to replace DRIPA.

Judgement Neutral Citation Number: [2015] EWHC 2092 (Admin), Case No: CO/3665/2014, CO/3667/2014, CO/3794/2014.

 

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