In 2014, the European Union’s data retention laws were deemed by the European Court of Justice to be invalid. The UK’s Government passed emergency legislation in 2014 to plug the gap. However, the High Court has now deemed those replacement laws – the Data Retention and Investigatory Powers Act 2014 – to be incompatible with EU law. The recent case was brought by privacy campaigners and pro-civil rights MPs, David Davis and Tom Watson.
The High Court ruled that data retention legislation should have been accompanied by an access regime providing adequate safeguards for privacy and data protection right, and the 2014 Act had not set out clear and precise rules regarding access and use of the retain communications data such that it should be strictly restricted for preventing and detecting precisely defined serious offences or for associated prosecutions and defences. Access should also be dependent on prior review by courts or independent administrative bodies who can limit access and use of the data to what is strictly necessary.
The Court order will be suspended until 31 March 2016, however, in order to give the Government enough time to pass new laws. The Home Office has said that in the meantime it will appeal the decision.