Nicholas Griffin QC considers the CJEU Watson decision on UK surveillance law
- A recent CJEU decision addresses an important aspect of UK surveillance law and finds it wanting.
- It raises questions about the current UK regime governing the retention of and access to data about our communications.
- The government says its approach is a necessary part of the fight against crime and terrorism. However, the view of privacy campaigners—that the law goes too far—found support at the CJEU.
The Court of Justice of the EU (CJEU) delivered a judgment just before Christmas that is full of significance for the government’s approach to surveillance and the fight against crime and terrorism. It did so in the Watson case (in fact joined cases Tele2 Sverige AB v Post-och telestyrelsen and Secretary of State for the Home Department v Tom Watson and others , C203/15 and C698/1 of 21 December 2016). The decision is a major victory for privacy campaigners such as MPs Tom Watson and David Davis, who were behind the case from its inception.
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