EU judges hit Theresa May's 'snoopers' charter'
European Court of Justice rules against 'indiscriminate retention' of emails and electronic data
Theresa May's "snoopers' charter" has suffered a blow after the EU's highest court ruled governments cannot impose blanket monitoring of their citizens' electronic communications.
The European Court of Justice (ECJ) said today that "general and indiscriminate retention" of emails and other electronic data is illegal.
Only targeted interception of traffic and location data is justified - and only then in order to combat terrorism and serious crime, it added.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Daily Telegraph says the decision is a "major setback" for the Prime Minister, who has been pushing the controversial Investigatory Powers Act (IPA) or "snoopers' charter", while The Independent calls it "an embarrassment".
The IPA, which is set to come into place at the end of this month, forces internet and communications companies to retain their customers' histories for up to a year and allow UK intelligence agencies to blanket collect data and hack into electronic devices.
Privacy groups have vociferously opposed the bill, arguing it represents a draconian extension of existing surveillance powers.
The ECJ's ruling, which is intended to clarify the EU's position on surveillance, was made in response to the 2014 UK Data Retention and Investigatory Powers Act (DRIPA) - a proposal subsequently blocked by the Liberal Democrats under the coalition government.
However, many of its measures are now included in the IPA and will therefore be in breach of the ECJ's ruling.
The Telegraph reports the ruling means the government may have to radically cut the legislation's reach. It could also substantially decrease the number of public bodies that can access the stored data, which currently includes organisations ranging from the Food Standards Agency to HMRC.
However, The Guardian says Brexit could render the ECJ's decision "academic" since the court will have no jurisdiction over the UK once the country leaves the EU.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
5 carefully selected cartoons about the Trump-Daniels jury selection process
Cartoons Artists take on a stress-free life, rare peers, and more
By The Week US Published
-
Loire Valley Lodges review: sleep, feast and revive in treetop luxury
The Week Recommends Forest hideaway offers chance to relax and reset in Michelin key-winning comfort
By Julia O'Driscoll, The Week UK Published
-
Myanmar: the Spring Revolution and the downfall of the generals
Talking Point An armed protest movement has swept across the country since the elected government of Aung San Suu Kyi was overthrown in 2021
By The Week Staff Published
-
'Europe is now beginning to tackle its military to-do list'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Will Aukus pact survive a second Trump presidency?
Today's Big Question US, UK and Australia seek to expand 'game-changer' defence partnership ahead of Republican's possible return to White House
By Sorcha Bradley, The Week UK Published
-
Farewell to Theresa May: a PM consumed by Brexit
Talking Point Maidenhead MP standing down at next general election
By The Week UK Published
-
It's the economy, Sunak: has 'Rishession' halted Tory fightback?
Today's Big Question PM's pledge to deliver economic growth is 'in tatters' as stagnation and falling living standards threaten Tory election wipeout
By Harriet Marsden, The Week UK Published
-
Stormont power-sharing in sight: 'good news' for Northern Ireland?
Talking Point Unionists vote to end two-year boycott after agreeing legislative package to address post-Brexit trading arrangements
By The Week UK Published
-
Why your local council may be going bust
The Explainer Across England, local councils are suffering from grave financial problems
By The Week UK Published
-
Rishi Sunak and the right-wing press: heading for divorce?
Talking Point The Telegraph launches 'assault' on PM just as many Tory MPs are contemplating losing their seats
By Keumars Afifi-Sabet, The Week UK Published
-
How Finland's tightening presidential race could affect future of Europe
Under the radar Country has key geostrategic position along Nato's longest border with an increasingly belligerent Russia
By Harriet Marsden, The Week UK Published