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posted by janrinok on Friday December 23 2016, @07:14PM   Printer-friendly
from the they-can-wait dept.

The European Court of Justice has issued a major post-Brexit-decision ruling invalidating the UK's mass surveillance powers:

"General and indiscriminate retention" of emails and electronic communications by governments is illegal, the EU's highest court has ruled, in a judgment that could trigger challenges against the UK's new Investigatory Powers Act – the so-called snooper's charter.

Only targeted interception of traffic and location data in order to combat serious crime – including terrorism – is justified, according to a long-awaited decision by the European court of justice (ECJ) in Luxembourg.

The finding came in response to a legal challenge initially brought by the Brexit secretary, David Davis, when he was a backbench MP, and Tom Watson, Labour's deputy leader, over the legality of GCHQ's bulk interception of call records and online messages.

[...] Daniel Carey, the solicitor from Deighton Pierce Glynn who represented the Open Rights Group and Privacy International, said: "The court is very clear that indiscriminately retaining everyone's metadata is unlawful, which is a point my clients placed particular emphasis on. This prohibition arises out of longstanding EU legislation, which the UK played an important role in creating."

Also at NYT, WSJ, BBC, Bloomberg.

Ruling press release: The Members States may not impose a general obligation to retain data on providers of electronic communications services (PDF)


[Ed's Note: minor edit to first sentence at 232017zDec16]

Original Submission

 
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  • (Score: 4, Funny) by zocalo on Friday December 23 2016, @08:40PM

    by zocalo (302) on Friday December 23 2016, @08:40PM (#445205)
    True, but to be strictly accurate you're getting dangerously close to something Sir Humphrey might have said on "Yes, Minister", to wit: Technically the UK has only responded to a non-binding vote that led the government to announce an unofficial decision to aim to officially announce their intention to start a process that might (but need not) result in the UK leaving the EU (for some currently undefined value of "leaving" that spans a range from "entirely" to "not at all"), the terms of which are to be determined in a period of two years, assuming that it is not extended, from when the UK finally decides to officially announce their intention to start the process, and to do some some time around March 2017.

    See, it's all perfectly clear. :)

    And on the subject of "Yes, Minister", and even though it's a bit early, I wonder if I might crave your momentary indulgence in order to discharge a by no means disagreeable obligation which has, over the years, become more or less established practice in government service as we approach the terminal period of the year — calendar, of course, not financial — in fact, not to put too fine a point on it, Week Fifty-One — and submit to you, with all appropriate deference, for your consideration at a convenient juncture, a sincere and sanguine expectation — indeed confidence — indeed one might go so far as to say hope — that the aforementioned period may be, at the end of the day, when all relevant factors have been taken into consideration, susceptible to being deemed to be such as to merit a final verdict of having been by no means unsatisfactory in its overall outcome and, in the final analysis, to give grounds for being judged, on mature reflection, to have been conducive to generating a degree of gratification which will be seen in retrospect to have been significantly higher than the general average.

    Or, to put it another way, "Happy Christmas". :)
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