Source: All England Reporter
Publisher Citation: [2018] All ER (D) 137 (Jan)
Neutral Citation: [2018] EWCA Civ 70
Court: Court of Appeal, Civil Division
Judge:

Lord Lloyd Jones, Sir Geoffrey Vos and Patten LJ

Representation James Eadie QC, Gerry Facenna QC and Michael Armitage (instructed by Government Legal Department) for the Secretary of State.
  Ben Jaffey QC and Iain Steele (instructed by Liberty) for the first respondent.
  Richard Drabble QC, Ramby De Mello and Azeem Suterwalla (instructed by Bhatia Best Solicitors) for the second and third respondents.
  Jessica Simor QC and Ravi Mehta (instructed by Deighton Pierce Glynn) for the Open Rights Group and Privacy International, as interveners.
Judgment Dates: 30 January 2018

Catchwords

Data protection - Data retention and investigatory powers - Communications data

The Case

Data protection Data retention and investigatory powers. of the Data Retention and Investigatory Powers Act 2014 was inconsistent with EU law to the extent that, for the purposes of the prevention, investigation, detection and prosecution of criminal offences, it permitted access to retained data: (i) where the object pursued by that access was not restricted solely to fighting serious crime; or (ii) where access was not subject to prior review by a court or an independent administrative authority. However, the Court of Appeal, Civil Division, refused other declarations sought by the claimants.

Practice Areas

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