Tag Archives: ECJ

The new Prime Minister won't have welcomed the publication yesterday of the European Court of Justice (ECJ) advocate general's legal opinion since it has potentially worrying implications for her Investigatory Powers Bill (dubbed by the media as the 'Snooper's Charter') and UK data transfers in a post-Brexit era. In a case initiated by a member of her own cabinet  (David Davis, now minister for Brexit resulting in him dropping his name from the action at the beginning of this week), Labour MP Tom Watson and others, the matter concerned the data retention obligations placed on electronic communications services under the Data Retention and Investigatory Powers Act (DRIPA). The ECJ case linked these proceedings with a Swedish case on a similar point. First it is worth noting that the Advocate General's opinion is not legally binding and is only a recommendation. However it is often followed by the ECJ and his comments … Continue Reading ››