Friday 2 March 2018

Data Retention: I can’t believe it’s not lawful, can you? A response to Anthony Speaight QC | Paul Bernal's Blog

Guest post: Data Retention: I can’t believe it’s not lawful, can you? A response to Anthony Speaight QC | Paul Bernal's Blog: "Speaight starts off by referring to the recent Court of Appeal (CoA) judgment in  Tom Watson and Others v Secretary of State for the Home Department [2018] EWCA Civ 70 and how the Court of Justice of the European Union (CJEU) has created problems and uncertainties with regards to data retention.

As David Allen Green would say, ‘Well…’ Well, just to be clear, the position of the CJEU on blanket indiscriminate data retention is crystal clear.

It . Is . Unlawful .

It just happens that the CoA took the position of sticking their fingers in their ears and pretending that the CJEU’s ruling doesn’t apply to UK law, because its somehow (it’s not) different." 'via Blog this'

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