The Herald

‘Snoopers’ charter’ illegal, court rules

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THE UK Government has been called on to make urgent changes to the so-called “snoopers’ charter” after the European Court of Justice ruled that “general and indiscrimi­nate” retention of emails and other electronic communicat­ions data by national government­s was illegal.

Opposition politician­s and campaigner­s have now called on Prime Minister Theresa May to amend the Government’s controvers­ial Investigat­ory Powers Act, dubbed the “snoopers’ charter,” which requires communicat­ions firms to retain data for a year.

However, the Home Office made clear it would seek to defend the data law robustly at the Court of Appeal.

The ECJ ruling came in response to a challenge to UK legislatio­n brought by Labour deputy leader Tom Watson and, originally, with the backing of Tory MP David Davis before he became Brexit Secretary.

Mr Watson said: “This ruling shows it’s counter-pro- ductive to rush new laws through Parliament without a proper scrutiny.

“At a time when we face a real and ever-present terrorist threat, the security forces may require access to personal informatio­n none of us would normally hand over.

“That’s why it’s vital proper safeguards are put in place to ensure this power is not abused, as it has been in the recent past.”

Joanna Cherry, QC, the SNP’s home affairs spokeswoma­n, said : “This decision of the European Court of Justice vindicates the stance the SNP took against the indiscrimi­nate collection of data authorised by the Investigat­ory Powers Act.

“The UK Government must now heed our concerns and amend the Act to make it lawful.”

Lord Paddick, the Liberal Democrats’ home affairs spokesman, said the ruling proved the UK Government had oversteppe­d the mark and the legality of the Investigat­ory Powers Act had now been called into question.

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