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High court rules spy legislation unlawful

Data retention law was rushed through Parliament, say judges

THE Con-Dem coalition’s flagship domestic surveillance legislation was rushed through Parliament in a matter of days and is unlawful, the High Court ruled yesterday.

Renegade Tory MP David Davis and Labour deputy leadership contender Tom Watson brought the challenge to the 2014 Data Retention and Investigatory Powers Act (Dripa), represented by civil rights charity Liberty.

The court found that parts of Dripa are incompatible with articles 7 and 8 of the EU charter of fundamental rights.

“Campaigners, MPs across the political spectrum, the government’s own reviewer of terrorism legislation are all calling for judicial oversight and clearer safeguards,” said Liberty legal director James Welch.

“The High Court has now added its voice, ruling key provisions of Dripa unlawful.

“Now is the time for the Home Secretary to commit publicly to surveillance conducted with proper respect for privacy, democracy and the rule of law — not plough on with more of the same.”

Dripa allows the Home Secretary to order communications companies to retain customers’ information for 12 months, including data emails, phone calls, texts and web activity of MPs, journalists, lawyers, doctors and other correspondence that may be confidential or privileged.

It was rushed through Parliament by the coalition government, which claimed that “emergency” legislation was required after the Court of Justice of the EU ruled that the existing EU directive on data retention was invalid due to the sweeping nature of its interference with individual privacy rights.

Although the legislation reduced the number of public authorities that could access such data, hundreds of bodies still can and for a broad range of reasons, with roughly half a million requests granted each year.

“The court has recognised what was clear to many last year — that the government’s hasty and ill-thought through legislation is fatally flawed,” said Mr Davis.

National Union of Journalists general secretary Michelle Stanistreet said: “Snooping on journalists and shopping their sources has made a terrible impact on the confidence potential whistleblowers have in putting vital information into the public domain.

“Criminalising sources and reporting has to stop.”

The government immediately indicated that it would appeal against the ruling.

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