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
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…
3/x ECJ seems to rule out mass surveillance of metadata per se (paras 82-112), before it addresses issues of safeguards.
4/x This confirms what I thought the Court had said in the @DRIalerts judgment - which it refers to frequently here.
5/x Tele2/Watson, contd: Also there are references to recent ECtHR rulings (Szabo, Zakharov) - showing link between two courts on this issue
6/x Next, ECJ looks at safeguards. *Usually* there must be a close link to serious crime (para 119) and prior review (para 120)
7/x Also subjects of surveillance must be notified after the fact (para 121) and security measures taken (para 122).
8/x ECJ confirms (para 122) retained data can't leave EU. @YvetteCooperMP should be asking ministers re post-Brexit implications
9/x Tele2/Watson contd: Must also be independent review by national data protection authorities.
10/x Finally, specific question in UK case: did prior case go beyond ECHR scope? ECJ declines to answer, but in dismissive tones