We previously asked “How can the Investigatory Powers Act ever co-exist with the EU?” and according to the latest industry news reports the answer is – it can’t!
According to the technology news website, Ars Technica, a spokesperson from the Home Office has confirmed that the implementation of the highly controversial plans for widespread retention of customer data (regardless of whether or not the customer was being investigated for any crime) have been put on hold in response to the ECJ (European Court of Justice) ruling back in December.
Despite the Government initially stating they had plans to work around the ECJ ruling it seems the plans have now been completely stalled whilst they await a court date for the appeal.
In our opinion, the best case scenario would be that the ECJ ruling will force the Government to re-think the widespread retention plans or at least water them down somewhat in order to meet European requirements. At the very least this will provide ISPs with more time to consider how best to implement the new data retention plans. That said, once Brexit is completed the initial wider reaching plans could arise from the ashes in one form or another.
We will just have to wait and see what happens once it goes to appeal, but it’s a promising start that the plans are at least on hold and are potentially being reconsidered. Whilst we completely understand the Government’s commitment to monitoring communications to ensure the UK’s safety and security, we have also argued all along that such widespread retention has severe implications on UK citizen’s rights to privacy and places a significant burden on ISPs.
Have your say!
Do you think the IPA should and will be amended to comply with EU legislation or do you think the appeal will be successful and the IPA will continue in its current form? Even if the IPA is amended do you think it will be re-strengthened following the completion of Brexit? Share your thoughts by leaving us a comment below.
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