MPs Win Surveillance Powers Legal Challenge, but Government to Appeal 1

In a land mark case two MPs, David Davis and Tom Watson, have won a High Court judgement that the Data Retention and Investigatory Powers Act (DRIPA) is incompatible with human rights (see this BBC News article here).

Legislation is normally subject to significant Parliamentary scrutiny, but the MPs claimed that because DRIPA was rushed through in days, there was no time for proper parliamentary scrutiny, hence the need for the unusual step of judicial review.   The MPs argued before the court that DRIPA was incompatible with the right to a private and family life, and data protection, under both the Human Rights Act and the European Union Charter of Fundamental Rights.  An argument that the court accepted.

In the judgement the court has ruled that the unlawful sections of DRIPA can stay in force until the end of March 2016, to allow time for the government to compose new legislation.  However,  the Government is planning an appeal against the judgement according to a report on The Register website.

One thought on “MPs Win Surveillance Powers Legal Challenge, but Government to Appeal

  • cloudstarer

    They won’t bother appealing.

    They’ll just ram the snoopers charter through secure in the knowledge that after Graylings attack on Judicial Review they’ll be out of office before it’s declared illegal.

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