Does the latest European court ruling expose the cracks in the IPA?

Since the Investigatory Powers Act (IPA) first came into being Entanet has expressed its concern about how the legislation nicknamed ‘The Snoopers’ Charter’, which grants wide ranging surveillance to the Government, could ever possibly co-exist with European data protection laws.

Without saying ‘I told you so’ it seems the latest ruling by the The Court of Appeal following a challenge from the human rights group Liberty would agree with our long standing view.

• Metro: Court of Appeal rules Snoopers’ Charter is ‘unlawful’

The outcome, which backed the 2016 judgement by the Court of Justice of the European Union (ECJ) that the mass retention of data was illegal and that violating people’s privacy could only be justified by the objective of fighting serious crime, chimes exactly with our long standing view.

The ECJ ruling also said that access to data should be subject to prior review by a court or independent body and despite the Government’s response that this latest legal outcome doesn’t change the way the authorities could detect and disrupt crimes it would seem that major changes to the law will now be required for GDPR (General Data Protection Regulations) and the IPA to live together in perfect harmony.

In November, the Government launched a seven week consultation on amends to the IPA and a ‘communications data code of practice’ following the ECJ’s initial ruling but the latest legal CPA verdict will shed further uncertainty on whether these changes go far enough.

With the government also promising to defend its legislation in further legal proceedings there is certain to be much more to play out on this one, we will of course keep you fully updated on further developments!

Have your say!

Can the IPA and GDPR ever live happily together? Share your thoughts by leaving us a comment below.

Related articles

• Entanet Opinion: Do the proposed IPA changes go far enough?
• Entanet Opinion: New Data Protection Bill & IPA – A match made in hell
• Entanet Opinion: Looks like the IPA and EU can’t co-exist after all!
• Entanet Opinion: You think the IPA is bad – it could be worse, you could be in the USA!
• Entanet Opinion: How can the Investigatory Powers Act ever co-exist with the EU?
• Entanet Opinion: Goodbye Investigatory Powers Bill, Hello Investigatory Powers ACT
• Entanet Opinion: The IPB takes a step closer to being law

Further Information

• Publictechnology.net: Government puts forward changes to surveillance law in light of ECJ ruling
• BBC.co.uk: ‘Snoopers’ charter’ changes put forward
• ISPReview.co.uk: Government Consults on Changes to Soften UK Internet Snooping Law
• Computerworlduk.com: The Snooper’s Charter: Everything you need to know about the Investigatory Powers Act
• The Register: Investigatory Powers Act: You’re not being paranoid. UK.gov really is watching you
• The Register: UK.gov mass data slurping ruled illegal – AGAIN
• The Register: Hey UK.gov – cute tweaks to snoop regime. Your EU law reading needs work