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Thread: David Davis / Tom Watson v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT #DRIPA

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    Default David Davis / Tom Watson v THE SECRETARY OF STATE FOR THE HOME DEPARTMENT #DRIPA

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    Quote Originally Posted by ORDER
    IT IS DECLARED THAT:
    1.
    Section 1 of the Data Retention and Investigatory Powers Act 2014 is inconsistent with European Union law in so far as:
    (1)
    it does not lay down clear and precise rules providing for access to and use of communications data retained pursuant to a retention notice to be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating to such offences; and
    (2)
    access to the data is not made dependent on a prior review by a court or an independent administrative body whose decision limits access to and use of the data to what is strictly necessary for the purpose of attaining the objective pursued
    AND IT IS ORDERED THAT:
    2.
    Section 1 of the said Act is disapplied:
    This is the Act
    http://www.legislation.gov.uk/ukpga/...ntents/enacted


    Neutral Citation Number: [2015] EWHC 2092 (Admin)
    Case No: CO/3665/2014, CO/3667/2014, CO/3794/2014
    IN THE HIGH COURT OF JUSTICE
    QUEEN’S BENCH DIVISION
    DIVISIONAL COURT
    Royal Courts of Justice
    Strand, London, WC2A 2LL
    Date: 17/07/2015
    Before :
    LORD JUSTICE BEAN
    and
    MR JUSTICE COLLINS
    - - - - - - - - - - - - - - - - - - - - -
    Between :
    THE QUEEN
    on the application of
    (1)
    DAVID DAVIS MP
    (2)
    TOM WATSON MP
    (3)
    PETER BRICE
    (4)
    GEOFFREY LEWIS
    Claimants
    - v -
    THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
    Defendant
    -and -
    OPEN RIGHTS GROUP
    PRIVACY INTERNATIONAL
    THE LAW SOCIETY OF ENGLAND AND WALES
    Interveners
    Dinah Rose QC, Ben Jaffey and Iain Steele (instructed by Liberty) for the Claimants Mr Davis and Mr Watson
    Richard Drabble QC, Ramby de Mello, Azeem Suterwalla and James Dixon (instructed by Bhatia Best) for the Claimants Mr Brice and Mr Lewis
    James Eadie QC, Daniel Beard QC and Sarah Ford (instructed by Government Legal Department) for the Defendant
    Jessica Simor QC and Ravi Mehta (instructed by Deighton Pierce Glynn) for Open Rights Group and Privacy International, intervening by way of written submissions
    Tom Hickman (instructed by Legal Services Department, the Law Society) for The Law Society of England and Wales, intervening by way of written submissions
    Hearing dates : 4-5 June and 9 July 2015
    - - - - - - - - - - - - - - - - - - - - -
    Attached Files Attached Files
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