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Tag: Surveillance (Page 1 of 2)

Data retention and national law: the ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson (Grand Chamber)

tele2The 21 December 2016 judgment in these important cases concerns the acceptability from a human rights perspective of national data retention legislation maintained even after the striking down of the Data Retention Directive in Digital Rights Ireland (Case C-293/12 and 594/12) (“DRI”) for being a disproportionate interference with the rights contained in Articles 7 and 8 EU Charter of Fundamental Rights (EUCFR).  Continue reading

A very brief history of interception in Britain – Bernard Keenan

gchq1Britain is in the process of legislating a new system of control over the interception of communication. The Investigatory Powers Bill, currently being debated in draft form, aims to give an unprecedented level of transparency and accountability to the use of government surveillance powers. In this ‘long read’ piece Bernard Keenan provides some historical context on the issue of interception, arguing that the more the law oversees secret activities, the more secretive the law becomes. Continue reading

Finding Proportionality in Surveillance Laws – Andrew Murray

mi5The United Kingdom Parliament is currently in the pre-legislative scrutiny phase of a new Investigatory Powers Bill, which aims to “consolidate existing legislation and ensure the powers in the Bill are fit for the digital age”. It is fair to sat this Bill is controversial with strong views being expressed by both critics and supporters of the Bill. Against this backdrop it is important to cut through the rhetoric and get to the heart of the Bill and to examine what it will do and what it will mean in terms of the legal framework for British citizens, and indeed for those overseas. Continue reading

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