header-logo header-logo

​Privacy v security

03 February 2017 / Nicholas Griffin KC
Issue: 7732 / Categories: Features , Data protection
printer mail-detail
nlj_7732_griffin

Nicholas Griffin QC considers the CJEU Watson decision on UK surveillance law

 
  • A recent CJEU decision addresses an important aspect of UK surveillance law and finds it wanting.
  • It raises questions about the current UK regime governing the retention of and access to data about our communications.
  • The government says its approach is a necessary part of the fight against crime and terrorism. However, the view of privacy campaigners—that the law goes too far—found support at the CJEU.

The Court of Justice of the EU (CJEU) delivered a judgment just before Christmas that is full of significance for the government’s approach to surveillance and the fight against crime and terrorism. It did so in the Watson case (in fact joined cases Tele2 Sverige AB v Post-och telestyrelsen and Secretary of State for the Home Department v Tom Watson and others , C203/15 and C698/1 of 21 December 2016). The decision is a major victory for privacy campaigners such as MPs Tom Watson and David Davis, who were behind the case from its inception.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll