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Since the Investigatory Powers Act (IPA) first came into being Entanet has expressed its concern about how the legislation nicknamed ‘The Snoopers’ Charter’, which grants wide ranging surveillance to the Government, could ever possibly co-exist with European data protection laws.

Without saying ‘I told you so’ it seems the latest ruling by the The Court of Appeal following a challenge from the human rights group Liberty would agree with our long standing view.

The outcome, which backed the 2016 judgement by the Court of Justice of the European Union (ECJ) that the mass retention of data was illegal and that violating people’s privacy could only be justified by the objective of fighting serious crime, chimes exactly with our long standing view.

The ECJ ruling also said that access to data should be subject to prior review by a court or independent body and despite the Government’s response that this latest legal outcome doesn’t change the way the authorities could detect and disrupt crimes it would seem that major changes to the law will now be required for GDPR (General Data Protection Regulations) and the IPA to live together in perfect harmony.

In November, the Government launched a seven week consultation on amends to the IPA and a ‘communications data code of practice’ following the ECJ’s initial ruling but the latest legal CPA verdict will shed further uncertainty on whether these changes go far enough.

With the government also promising to defend its legislation in further legal proceedings there is certain to be much more to play out on this one, we will of course keep you fully updated on further developments!

Have your say!

Can the IPA  and GDPR ever live happily together? Share your thoughts by leaving us a comment below.

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