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.
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
-
Today's political cartoons - December 22, 2024
Cartoons Sunday's cartoons - the long and short of it, trigger finger, and more
By The Week US Published
-
5 hilariously spirited cartoons about the spirit of Christmas
Cartoons Artists take on excuses, pardons, and more
By The Week US Published
-
Inside the house of Assad
The Explainer Bashar al-Assad and his father, Hafez, ruled Syria for more than half a century but how did one family achieve and maintain power?
By The Week UK Published
-
Will Starmer's Brexit reset work?
Today's Big Question PM will have to tread a fine line to keep Leavers on side as leaks suggest EU's 'tough red lines' in trade talks next year
By The Week UK Published
-
John Prescott: was he Labour's last link to the working class?
Today's Big Quesiton 'A total one-off': tributes have poured in for the former deputy PM and trade unionist
By Harriet Marsden, The Week UK Published
-
Last hopes for justice for UK's nuclear test veterans
Under the Radar Thousands of ex-service personnel say their lives have been blighted by aggressive cancers and genetic mutations
By Sorcha Bradley, The Week UK Published
-
Will Donald Trump wreck the Brexit deal?
Today's Big Question President-elect's victory could help UK's reset with the EU, but a free-trade agreement with the US to dodge his threatened tariffs could hinder it
By Harriet Marsden, The Week UK Published
-
What is the next Tory leader up against?
Today's Big Question Kemi Badenoch or Robert Jenrick will have to unify warring factions and win back disillusioned voters – without alienating the centre ground
By Harriet Marsden, The Week UK Published
-
Was Georgia's election stolen?
Today's Big Question The incumbent Georgian Dream party seized a majority in the disputed poll, defying predictions
By Richard Windsor, The Week UK Published
-
Moldova backs joining EU in close vote marred by Russia
Speed Read The country's president was also pushed into a runoff election
By Peter Weber, The Week US Published
-
What is Lammy hoping to achieve in China?
Today's Big Question Foreign secretary heads to Beijing as Labour seeks cooperation on global challenges and courts opportunities for trade and investment
By Harriet Marsden, The Week UK Published