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privacy law





#David Cameron s spying powers are inconsistent with the law, High Court rules

Powers given to police and security services to spy on people do not include proper safeguards, the High Court ruled today.

Tory MP David Davis and Labour's Tom Watson took the government to court over emergency laws which they claimed were 'fatally flawed'.

Today they won a ruling from two judges in London that the Data Retention and Investigatory Powers Act (Dripa) is 'inconsistent with EU law'.

Security Minister John Hayes said: 'We disagree absolutely with this judgment and will seek an appeal.'

Tory MP David Davis (right) and Labour's Tom Watson took the government to court over emergency laws which they claimed were 'fatally flawed'

The law was rushed through in July last year after the European Court of Justice struck down existing powers available to intelligence services.

David Cameron secured the backing of all the main parties to pass the legislation in a single day.

The law forces communication companies to keep phone and email records which can be accessed by security forces.

But the MPs said they wanted to protect the confidentiality of their contacts with constituents and other members of the public - including whistleblowers - who might approach them with sensitive information.

The government argued that provisions contained in the new data retention laws, combined with those already found in the Regulation of Investigatory Powers Act 2000 (Ripa), provided adequate safeguards and made the scheme compatible with EU law.

But the judges declared the legislation 'does not lay down clear and precise rules providing for access to and use of communications data retained pursuant to a retention notice to be strictly restricted to the purpose of preventing and detecting precisely defined serious offences, or of conducting criminal prosecutions relating to such offences'.




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