EU judges could limit UK surveillance powers before referendum

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"ECJ [European Court of Justice] to hold emergency hearing on snooper’s charter as its impact on UK law is likely to become part of in/out campaign.. An emergency hearing on the bulk interception of communications data has been scheduled for 12 April at the European court of justice (ECJ), whose rulings are binding on UK courts. Its final decision could have a decisive impact on the powers of GCHQ, the Cheltenham-based monitoring agency, and could come shortly before Britons decide whether to remain in or leave the EU on 23 June.

At issue is the effect of an influential earlier ECJ ruling, Digital Rights Ireland, which has already been used to overturn the government’s Data Retention and Investigatory Powers Act 2014 (Dripa) on the grounds that it is “inconsistent with European Union law”.

The challenge has been brought by two MPs, the Conservative David Davis and Labour’s deputy leader, Tom Watson. Davis is expected to attend the Luxembourg hearing."


See the article: EU judges could limit UK surveillance powers before referendum (Guardian, link)

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