A judicial review of the Data Retention and Investigatory Powers Act (DRIPA) has been granted permission by Mr Justice Lewis in the High Court today. Open Rights Group (ORG) and Privacy International (PI) intervened in the case, which was brought by Tom Watson MP and David Davis MP, represented by Liberty. ORG and PI have now been given permission to make further submissions in advance of the next hearing.
Legal Director Elizabeth Knight said:
“After the Court of Justice of the EU declared the Data Retention Directive invalid, the UK government had the opportunity to design new legislation that would protect human rights. It chose instead to circumvent the decision of the CJEU by introducing the Data Retention and Investigatory Powers Act (DRIPA), which is almost identical to the Data Retention Directive.
Through our submission, we hope to help demonstrate that DRIPA breaches our fundamental human right to privacy and does not comply with human rights and EU law."
ORG's submission addresses the EU data protection regime in place before the Data Retention Directive (in particular the Data Protection Directive, the E-privacy Directive and the E-Commerce Directive) and why we consider DRIPA does not comply with the requirements of the regime in light of the clear guidance from the CJEU.
Dan Carey of Deighton Pierce Glynn solicitors, Jessica Simor QC (Matrix), Ravi Mehta of counsel (Blackstone) and Hugh Tomlinson QC (Matrix) are acting for ORG.
About the judicial review: On 22 July Tom Watson MP and David Davis MP announced that they were pursuing judicial review proceedings, on the grounds of on Article 8 ECHR and Articles 7 and 8 European Charter of Fundamental Rights. They are represented by Liberty. Permission was granted by the High Court (Administrative Court) today, which means that the case will proceed to a substantive hearing.