The European Court of Justice (ECJ) has decided to delay ruling on the UK’s proposed surveillance legislation, dubbed the ‘Snoopers’ Charter’, to avoid the decision affecting the outcome of the referendum on staying in or leaving the European Union.
The Court had been asked to rule on a challenge against the 2014 Data Retention and Investigatory Powers Act (DRIPA), which allows for the use of bulk communications data. However, in light of the decision, an advice will be issued on July 19 and a verdict some months after that.
Around a dozen EU member states, including the UK, have intervened in the challenge against DRIPA that was originally brought by two MPs, the Conservative David Davis and Labour’s Deputy Leader, Tom Watson, who argue that the law treats every Briton as a potential suspect.
The High Court has already ruled that the powers in DRIPA are inconsistent with EU law and, as a result, those powers are due to expire at the end of this year. However, the Court of Appeal was asking the ECJ to clarify the impact of an earlier ruling, known as Digital Rights Ireland, which limits the collection of data. The case is likely to set clearer guidance on the legality of bulk interception of emails and online data by intelligence agencies.
A Home Office statement said that the department is clear that the UK regime for communications data retention and acquisition contains very stringent safeguards to protect privacy and data. It therefore hopes that the ECJ will recognise that any omissions in the original EU directive are unrelated to the UK regime.
Meanwhile, a spokesman for Liberty, which is legislating on behalf of the UK MPs, said that the organisation strongly supports the use of surveillance in fighting crime, but only if it’s targeted. He added that the Government’s approach of sweeping up and storing everybody’s data with no effective safeguards is excessive.