header-logo header-logo

03 February 2017 / Nicholas Griffin KC
Issue: 7732 / Categories: Features , Data protection
printer mail-detail

​Privacy v security

nlj_7732_griffin

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.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll