UK Government Ignores European Court Ruling On Data Retention: Tells Telecom Companies To Carry On Spying

from the who-needs-laws?-just-do-as-we-say dept

One of the interesting issues arising out of the important ruling from the European Union Court of Justice that the EU's Data Retention Directive was invalid, is what the member states will now do as a result. The UK government, one of the principal cheerleaders for storing all this data in the first place, has no doubts about what it should do - it will completely ignore that judgment for the moment, as the Guardian reports:
despite the fact that the directive which mandated the creation of the [Data Retention (EC Direction) Act of 2009] was struck down, the UK government has not yet moved to invalidate the Act. Answering a parliamentary question from Liberal Democrat MP Julian Huppert the Home Office minister James Brokenshire revealed last week that the government had explicitly notified telecoms providers that "they should continue to observe their obligations as outlined in any notice", despite the ruling.
Here's why the UK government has told them to do that:
The Home Office added that "the retention of communications data is absolutely fundamental to ensure law enforcement have the powers they need to investigate crime, protect the public and ensure national security".
Of course, it offers absolutely zero evidence that this is true, and also ignores admissions by the Danish police that it is not. But then, the UK government always was a big fan of dogma-based policy, as the awful Digital Economy Act made so painfully clear.

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Reader Comments (rss)

(Flattened / Threaded)

  1.  
    icon
    That One Guy (profile), Jun 25th, 2014 @ 2:20am

    Between a rock and a hard place

    So companies comply, and risk being sued by people/groups that believe that the EU Court of Justice's ruling makes such actions illegal or at least of questionable legality, or they refuse, in which case they've got the UK government breathing down their necks and threatening them.

    A 'damned if you do, damned if you don't' situation to be sure, and one I expect will only really get tested once the matter is brought to court.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous, Jun 25th, 2014 @ 4:05am

    Re: Between a rock and a hard place

    I'm pretty certain that there is no questionable legality. The logging directive violates the CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION.

    The real question is, who can you sue?

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 4:06am

    UK to EU: We just put our fingers in our ears and go nananananana we're not listening.

     

    reply to this | link to this | view in thread ]

  4.  
    icon
    Chris-Mouse (profile), Jun 25th, 2014 @ 4:10am

    Since when is the "gotta collect it all!" crowd worried about minor things like obeying the law?

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 4:17am

    What's the difference between a fascist country and the UK?

    It's a trick question.

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Call me Al, Jun 25th, 2014 @ 4:44am

    Re:

    You might find this helpful.

    http://en.wikipedia.org/wiki/Fascism

    The UK's surveillance is disgusting but lets not get carried away just yet.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 5:00am

    So the UK is taking another step towards leaving the EU.

    Can't wait for Scotland to leave the UK and reenter the EU, because i am terribly disappointed about the current state of affairs in the UK.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Applesauce, Jun 25th, 2014 @ 6:30am

    Laws only apply to t he dirty masses

    Geo. Washington famously said: "Government is force."

    The inevitable corollary to that dictum is that governments can be above the law whenever they please. Laws are instituted for the people to obey their governments, not the other way around. We should now see that clearly.

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 7:39am

    Re: Re:

    To be fair, someone posted an extensive list of all the shit the UK has pulled.

    iirc, Police stormed some guy's house to force the owner to remove a "David Cameron is a wanker" poster.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 8:19am

    Re:

    More like putting up their middle finger (or in UK fashion, the V gesture).

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 8:55am

    I remember a time when I though the UK had strict privacy laws. Boy was I mistaken!

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Jun 25th, 2014 @ 8:56am

    Re: Re: Re:

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    BeS, Jun 25th, 2014 @ 9:03am

    Its okay the UK have got Rebekah Brooks legal team on it.....and the same firm had David Cameroon's brother working for it. Hmmmm.

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    Anonymous, Jun 25th, 2014 @ 3:37pm

    Who needs laws? Not me.

     

    reply to this | link to this | view in thread ]

  15.  
    identicon
    enlighted, Jun 26th, 2014 @ 7:21am

    Sweden has chosen to ignore the ruling as well, which isn't a huge surprise really.

     

    reply to this | link to this | view in thread ]

  16.  
    identicon
    rapnel, Jun 26th, 2014 @ 9:31am

    To wit

    Fuck the UK and will somebody, somewhere, please shoot that fucking horse.

     

    reply to this | link to this | view in thread ]

  17.  
    identicon
    Anonymous Coward, Jun 28th, 2014 @ 10:38am

    I didn't think the UK was a member of the EU.

     

    reply to this | link to this | view in thread ]


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