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Bulk data collection only lawful in serious crime cases, ECJ indicates - Initial finding from top EU court backs David Davis and Tom Watson and could have serious impact on snooper’s charter

20 July 2016

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"Retaining data from telephone calls and emails is legal only if law enforcement agencies use it to tackle serious crime, the EU’s highest court has indicated.

The preliminary finding by the advocate general of the European court of justice (ECJ) in Luxembourg came in response to a legal challenge that was brought initially by David Davis, when he was a backbench Conservative, and Tom Watson, Labour’s deputy leader, over the legality of GCHQ’s bulk interception of call records and online messages.

Davis, one of the most vociferous critics of the state’s powers to collect data on its citizens, quietly withdrew from the case after his appointment to the cabinet. Many had commented on his involvement in the case at the EU’s highest court after he was appointed secretary of state for leaving the EU."

See the full article: Bulk data collection only lawful in serious crime cases, ECJ indicates - Initial finding from top EU court backs David Davis and Tom Watson and could have serious impact on snooper’s charter (Guardian, link)

And see: According to Advocate General Saugmandsgaard Øe, a general obligation to retain data imposed by a Member State on providers of electronic communication services may be compatible with EU law - However, it is imperative that that obligation be circumscribed by strict safeguards (Press release,pdf)

And: Advocate General: Opinion (pdf)

Also: Human Rights and National Data Retention Law: the Opinion in Tele 2 and Watson (EU Law Analysis, link): "The Advocate General goes beyond endorsing the principles in Digital Rights Ireland: even regimes which satisfy the safeguards set out in Digital Rights Ireland may still be found to be disproportionate."

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