England’s Surveillance Law Shot Down By EU Court
December 22, 2016
Europe’s highest court this week ruled that Britain’s sweeping surveillance laws – which civil liberties activists have called the most extensive in the Western world – are illegal. The Investigatory Powers Act, which was approved by Britain’s Parliament last month, enables the government to undertake bulk interception of electronic communications of ordinary citizens. Specifically, the law would require Internet and phone companies to maintain records of every call made, online message sent and website visited by customers for 12 months. Then public organizations would be allowed to access those communications, sometimes without a warrant, and in some cases without the individuals being made aware they were being monitored. Britain’s High Court found the surveillance law breached fundamental rights, but the government appealed to the European Court of Justice. That court found this week that the “general and indiscriminate retention” of electronic communications by a government is unlawful. Only “targeted retention” can be performed, it wrote, and only to fight serious crime.
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