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​Privacy v security

03 February 2017 / Nicholas Griffin KC
Issue: 7732 / Categories: Features , Data protection
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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