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July 10, 2014 | Jim Killock

Updates on “emergency” data retention law

We'll add updates to this blog as the day goes on.


Email your MP - No Emergency!

You can email your MP about this. This is not the time for emergency legislation!

 

We wait to see precisely what this Data Retention Bill contains, but there are some principles at stake:

Emergency legislation should deal with emergencies: there is no emergency

While the government is on thin ice pretending that data retention laws still exist, they have persuaded ISPs to carry on with it. They have stated to the courts that they believe the data retention regulations are still in force. Until a court says otherwise, everyone will carry on as they are. Court dates and decisions are likely to be six months away. In any case, rushing through legislation that is extremely controversial should never be done in a day. There is undoubtedly time for a discussion.

Legislation must comply with human rights judgements

What exactly is the point of human rights judgements if even the Liberal Democrats are prepared to ignore them? The CJEU have outlined very clearly what needs to happen before governments compel data to be retained. They say you cannot do it on a blanket basis, and someone independent, such as a regulator or a judge, must supervise police access. These fundamental points are missing from the emergency laws.

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Comments (1)

  1. Andy Smith:
    Jul 10, 2014 at 03:34 PM

    Is this a highly convoluted way of ensuring we don't get the promised referendum on continued membership of the EU ?



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