Tag Archives: data retention

Where to after Watson: The challenges and future of data retention in the UK

An event hosted by the Bingham Centre for the Rule of Law and sponsored by Simmons & Simmons. 

Date: 11th May 2017
Time: 17:30 – 19:30 (Registration open from 17:00). Followed by a reception
Venue: Simmons & Simmons, City Point, 1 Ropemaker Street, London EC2Y 9SS
Cost: Members £15, Non-members £25

This event can be booked on the British Institute for International and Comparative Law website. Book now.

The judgment of the CJEU in the Watson case was handed down shortly before the year’s end in 2016. The determination that member states may not impose on communications providers a general obligation to retain data was applauded by privacy groups and has undoubtedly caused disquiet among those involved in policing and intelligence. What parliamentarians and judges will make of it in the coming months – and, post-Brexit, years – is both uncertain and important.

In this event, experts will examine the strengths, weaknesses and implications of the decision, with an eye to rights protections, the need to combat serious crime, and the practicalities of managing both in light of the European Court’s decision.

Speakers:

  • The Rt Hon Dominic Grieve QC MP, Chair of the Intelligence and Security Committee
  • Max Hill QC, Independent Reviewer of Terrorism Legislation
  • Dr Nora Ni Loideain, Incoming Director, Information Law and Policy Centre, IALS
  • Renate Samson, Chief Executive, Big Brother Watch

Chair:

  • Professor Lorna Woods, University of Essex

For more information download the event flyer and join in the conversation: @BinghamCentre, #Watson

Analysing the Advocate General’s opinion on data retention and EU law

7562831366_66f986c3ea_o (1)Last week, the Advocate General published an opinion on a case brought to the European Court of Justice concerning the compatibility of the UK and Sweden’s data retention laws with EU law.

In a detailed analysis, Lorna Woods, Professor of Internet Law at the University of Essex considers the potential implications of the opinion for national data retention regimes (including the UK’s Investigatory Powers Bill) and the legal tensions which arise from the Advocate General’s opinion. This post first appeared on Professor Steve Peer’s EU Law Analysis blog.     

The Advocate General’s opinion concerns two references from national courts which both arose in the aftermath of the invalidation of the Data Retention Directive (Directive 2006/24) in Digital Rights Ireland dealing with whether the retention of communications data en masse complies with EU law.

The question is important for the regimes that triggered the references, but in the background is a larger question: can mass retention of data ever be human rights compliant. While the Advocate General clearly states this is possible, things may not be that straightforward. Continue reading