ECJ deals blow to ‘Snoopers’ Charter’

The ECJ has ruled that blanket data retention is unlawful, opening the way for privacy campaigners and pressure groups to challenge the Investigatory Powers Act in British courts.

The case was brought by David Davis (initially a Conservative backbench MP who withdrew from the case when he was appointed Brexit Minister!) and Tom Watson (Deputy Labour Leader). It was supported by privacy groups like Liberty (unit 1 pressure groups – use of courts to achieve aims). The case itself was sent to the ECJ by the Court of Appeal who asked for a ruling on EU law on blanket surveillance (unit 4 EU institutions – role of ECJ) when considering Davis/Watson’s complaint.

This is primarily useful for unit 4 EU and unit 2 Judiciary/Constitution, highlighting the loss of British sovereignty to the EU and the supremacy of EU law.



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