European court to scrutinise surveillance powers

The European court of justice (ECJ) in Luxembourg is set to scrutinise the legality of British surveillance laws, which could limit surveillance powers granted to authorities. 15 European Judges will consider the case, after MPs David Davis and Tom Watson jointly challenged the legality of the Data Retention and Investigatory Powers Act 2014 (Dripa). ECJ rulings are binding on British courts and its decision could have a decisive impact on the powers of authorities to collect data and monitor online activity. The outcome of the hearing will likely influence the final shape of the proposed Investigatory Powers Bill, which looks to increase powers for bulk collection of data and online surveillance and has already faced significant opposition since its announcement. Liberal Democrats have fiercely opposed the Investigatory Powers Bill, after blocking an early iteration when part of the coalition government. Labour and the Scottish National Party have said they will support the Bill, but only significant privacy concerns have been addressed. Dinah Rose QC, representing Watson and Davis, told the hearing: “It’s no part of our case to challenge or dispute the importance of retaining communications data in the fight against terror and serious crime. Our point is simply that protecting our democratic values is also important in resisting terror. “Interception of communications is interference with democratic rights. If a state considers that interference to be necessary then it’s essential for it to put in place proper safeguards. The UK does not provide proper safeguards and it’s unlawful for that reason.”