What does this cover?
We reported last month that the Data Retention and Investigatory Powers Act ("DRIPA"), which received royal assent in July 2015, had been branded "inconsistent with European Union Law" by the High Court. The UK government responded referring the High Court's decision to the Court of Appeal. On the 20th November the Court of Appeal concluded that the issues raised were too important to be decided locally and needed to be referred to the CJEU. We await the CJEU's conclusions.
To view the Court of Appeal Judgment, please click here.
Under DRIPA, the Home Secretary is authorised to instruct communications service providers to retain communications such as emails, texts and phone records. The Regulation of Investigatory Powers Act 2000 ("RIPA") provides a statutory framework for investigatory powers under which organisations intending to utilise such powers (including the data retention powers under DRIPA) must comply. On 4 November 2015 the Home Office published the Draft Investigatory Powers Bill (the "Draft Bill"). It seeks to address some of the 200 recommendations resultant from a series of independent reviews into the oversight and use of investigatory powers in the UK. It adds new safeguards applicable to data access and contains a number of updates to modernise RIPA.
To view the Draft Bill, please click here.
What action could be taken to manage risks that may arise from this development?
None for information only at this stage.