Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

MPs win surveillance powers legal challenge

MPs win surveillance powers legal challenge

Postby 3.14 » Fri Jul 17, 2015 4:46 pm

David Davis and Tom Watson argued the Data Retention and Investigatory Powers Act was incompatible with human rights.


It is highly unusual, perhaps unprecedented, for MPs to challenge primary legislation in the courts.


http://www.bbc.co.uk/news/uk-politics-33564442

Two MPs have won a High Court battle over laws which they say allow the police and security services to "spy on citizens" without proper safeguards.

The government said it "disagreed absolutely" with the court's ruling and would seek to appeal.
David Davis and Tom Watson argued the Data Retention and Investigatory Powers Act was incompatible with human rights.

It was fast-tracked through Parliament last July, allowing security agencies to gather phone and internet data.
Two High Court judges have now found that the act is "inconsistent with EU law".

The ruling effectively nullifies aspects of the legislation, although that order has been suspended until next March.
Mr Davis, a former Conservative minister and Mr Watson, a civil liberties campaigner who is standing to be Labour's deputy leader, brought the case in conjunction with campaign group Liberty.

The Data Retention and Investigatory Powers Act permits Britain's security agencies and some other public bodies to gather information about who suspects contact by telephone or email.
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2144
Joined: Thu Nov 01, 2012 2:58 pm

Re: MPs win surveillance powers legal challenge

Postby Slartibartfast » Fri Jul 17, 2015 5:22 pm

Security Minister John Hayes said:

"We disagree absolutely with this judgment and will seek an appeal. Communications data is not just crucial in the investigation of serious crime.

"It is also a fundamental part of investigating other crimes which still have a severe impact, such as stalking and harassment, as well as locating missing people, including vulnerable people who have threatened to commit suicide.

"The effect of this judgment would be that, in certain cases, communications data that could potentially save lives would only be available to the police and other law enforcement if a communications company had decided to retain it for commercial reasons.


A blatant admission that they intend to use mass surveillance interception for a wide range of much lesser concerns than terrorism. Well done to David Davies and Tom Watson, I hope that these powers are permanently quashed.
"Judicial tergiversation is not to be encouraged"
User avatar
Slartibartfast
 
Posts: 3745
Joined: Thu Nov 01, 2012 5:06 pm

Re: MPs win surveillance powers legal challenge

Postby 3.14 » Fri Jul 17, 2015 9:27 pm

The state should not have so much power.
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2144
Joined: Thu Nov 01, 2012 2:58 pm

Re: MPs win surveillance powers legal challenge

Postby dls » Tue Jul 21, 2015 8:21 pm

Communications data is not just crucial in the investigation of serious crime.


Of which the almost precise meaning is that "we want it for investigation anything and everything."
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12241
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire


Return to Human Rights Law

Who is online

Users browsing this forum: No registered users and 1 guest