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

[Amethyst]

Attached Files

• davis_watson_order.pdf
• davis_judgment.pdf

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
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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
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