1. Exquisite Tweets from @StevePeers

    PreoccupationsCollected by Preoccupations

    Waiting for more from ECJ today on trade, FOI & immigration
    In the meantime some thoughts on the Watson/Tele2 ruling on data retention 1/x

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    StevePeers

    Steve Peers

    2/x ECJ confirms national data retention law falls within scope of EU law. Cue "I told you so" klaxon: eulawanalysis.blogspot.co.uk/2014/04/are-na…

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    Steve Peers

    3/x ECJ seems to rule out mass surveillance of metadata per se (paras 82-112), before it addresses issues of safeguards.

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    Steve Peers

    4/x This confirms what I thought the Court had said in the @DRIalerts judgment - which it refers to frequently here.

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    Steve Peers

    5/x Tele2/Watson, contd: Also there are references to recent ECtHR rulings (Szabo, Zakharov) - showing link between two courts on this issue

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    Steve Peers

    6/x Next, ECJ looks at safeguards. *Usually* there must be a close link to serious crime (para 119) and prior review (para 120)

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    Steve Peers

    7/x Also subjects of surveillance must be notified after the fact (para 121) and security measures taken (para 122).

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    Steve Peers

    8/x ECJ confirms (para 122) retained data can't leave EU. @YvetteCooperMP should be asking ministers re post-Brexit implications

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    Steve Peers

    9/x Tele2/Watson contd: Must also be independent review by national data protection authorities.

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    Steve Peers

    10/x Finally, specific question in UK case: did prior case go beyond ECHR scope? ECJ declines to answer, but in dismissive tones

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    StevePeers

    Steve Peers

    11 Overall: bad news for mass surveillance; bad news for data transfers to US or post-Brexit; good news for privacy. Merry Xmas!

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    StevePeers

    Steve Peers