Preiskel & CoPreiskel & Co
Preiskel & Co
  • Home
  • About Us
    • Diversity, Social Responsibility, and Pro Bono
  • Services
    • Corporate
    • Commercial
    • Regulatory
    • Competition & Antitrust
    • Data Protection, Privacy, and Retention
    • Intellectual Property
    • Dispute Resolution
    • Employment
  • Sectors
    • Telecommunications
    • IT, Technology, & Internet
    • Media and Broadcasting
    • Websites, Blogging, & Social Media
    • Film & Television
    • Gambling & Online Gaming
    • Leisure & Retail
    • Energy & Minerals
    • Cryptocurrency & Blockchain
    • Creative Industries
  • People
    • Daniel Preiskel
    • Ronnie Preiskel
    • Tim Cowen
    • Jose Saras
    • Robert Dougans
    • Tina Cowen
    • D A T Green
    • Karthyaeni Vittala
    • Richard Stewart
    • Mor Swiel
    • Ilanit Appelfeld
    • Stephen Dnes
    • Daniel Oakland
    • Robert Harvey
    • Martina Raciti
    • Joanna Coombs-Huang
    • Xavier Prida
    • Mark Clough
    • Stewart White
    • Alison MacFarlane
    • Hannah Leader
    • Peter Dally
    • Antony Corel
    • Sue Warwick
    • Shardi Shameli
    • Stephen Hornsby
    • Ewelina Korgol
    • Maria Constantin
    • Sophia Yakhno
  • International
  • Blog
  • News
    • Publications
  • Contact
Menu back  

Judicial Review declares UK Government Surveillance Powers Unlawful

May 1, 2018By Preiskel & Co

Following an application for judicial review by Liberty (the National Council for Civil Liberties). The High Court has ruled that Part 4 of the Investigatory Powers Act 2016 (the “Act”) is incompatible with European law. Broadly, this part of the Act allows the government to require that communications companies store customer emails, phone calls, internet history and location data in order that security personnel can access it. The High Court held that it is incompatible with fundamental rights in EU law in that access to retained data is not limited to the purpose of combating “serious crime”; and access to retained data is not subject to prior review by a court or independent administrative body (paragraph 186 of the judgment).

 

This decision follows a Court of Appeal ruling in January that the Data Retention and Investigatory Powers Act was inconsistent with EU law due to its lack of sufficient safeguards. This decision followed an ECJ preliminary ruling on the matter, which stated that EU law precludes “national legislation which, for the purpose of fighting crime, provides for the general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to all means of electronic communication.” The High Court noted at paragraph 4 of its judgment that part 4 of the Act “substantially re-enacts the Data Retention and Investigatory Powers Act 2014”.

 

Following these rulings, the government had indicated that it would amend Part 4 of the Act by secondary legislation, but until this happened, the unlawful retention of data was continuing; hence Liberty’s application for judicial review. The High Court’s ruling sets a deadline of 1 November 2018 for the requisite amendments to be made.

 

Anyone with questions regarding this development, data privacy and retention, and data protection more generally, please contact Jose Saras.

 

Data protectionData RetentionData Retention and Investigatory Powers ActData SecurityDRIPADRIPA 2014European lawInvestigatory Powers ActIPAIPA 2016Jose Sarasjudicial reviewLibertySnooper's CharterSurveillance
Latest Preiskel & Co blog posts
  • Claim against NHS Trust for breach of DPA 1998 and misuse of private information dismissed
    April 28, 2022
  • TikTok Class action for the Misuse of Child Personal Data
    April 28, 2022
  • ICO consultation on draft guidance for the research provisions within the UK GDPR and the DPA 2018
    April 20, 2022
  • European Strategy for Artificial Intelligence – a framework to regulate AI and its potential impact on the UK
    April 19, 2022
  • Meta hit by 17 million euro fine by Irish regulator
    April 19, 2022
  • Ofcom has mandated that telecoms providers ensure British Sign Language (BSL) for 999
    March 18, 2022
  • Ofcom publishes statement on the future of telephone numbers
    March 15, 2022
  • German court sends biometric data questions to the ECJ
    February 23, 2022
  • Meta fined £1.5m by CMA
    February 7, 2022
  • International data transfer agreement and addendum laid before Parliament
    February 4, 2022
  • CMA publishes statement of scope in music and streaming market study
    February 1, 2022
  • Google Privacy Sandbox faces European Commission complaint from German publishers
    January 24, 2022

The Preiskel Blog

  • Claim against NHS Trust for breach of DPA 1998 and misuse of private information dismissed 28 Apr 2022
  • TikTok Class action for the Misuse of Child Personal Data 28 Apr 2022
  • ICO consultation on draft guidance for the research provisions within the UK GDPR and the DPA 2018 20 Apr 2022
  • European Strategy for Artificial Intelligence – a framework to regulate AI and its potential impact on the UK 19 Apr 2022

Preiskel news

  • Daniel Preiskel and Xavier Prida lecturing to Academia Mexicana del Derecho Informático and Abogado Digital
  • Preiskel & Co advises Mexico-based premium content production company Dopamine
  • Danny Preiskel was ranked as a Global Elite Thought Leader in Telecoms & Media by WhosWhoLegal Data 2022
  • Danny Preiskel featured in GCCM (Global Carrier Community Magazine)
Preiskel tweets
  • @jwrosewell @m4aow @w3c @IABTechLab Our pleasure!60 days ago
  • RT @jwrosewell: Great work from @Preiskel and the whole @m4aow team. Thank you. Much for @w3c, @IABTechLab, and others to consider in this…60 days ago
  • RT @TC_4KBW: Google’s battle with publishers shows that at every turn it seeks to block others from competing. it blocked header bidding, b…60 days ago
Preiskel & Co LLP
4 King's Bench Walk,
Temple,
London
EC4Y 7DL
United Kingdom

Tel: +44 20 7332 5640
Email: info@preiskel.com

Find us on:

TwitterLinkedinMail
© Preiskel & Co LLP 2022 | Site map | Legal notices | Privacy | Cookie Policy | Privacy | Fraud Notice