John Salmon and Luke Scanlon write:
The government has proposed a new data retention law to replace one that was based on an EU directive that EU’s top court the Court of Justice of the European Union (CJEU) struck down in April.
While the proposed Data Retention and Investigatory Powers Bill (9-page / 153KB PDF) seeks to improve the safeguards in place in relation to these and other issues, the improvements do not appear to meet all the CJEU judgment’s requirements.
The UK’s regulations had been challenged by a judicial review and the new laws may well be challenged too, meaning that they will have to survive the same scrutiny that the Directive was placed under by the CJEU.
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