Dissecting the emergency Data Retention and Investigatory Powers Bill

Cyberleagle: Dissecting the emergency Data Retention and Investigatory Powers Bill:

"DRIP, now with its accompanying provisional draft regulations which appeared on the Home Office website yesterday afternoon, has to square a circle.  Ideally it should make a plausible attempt to address the 15 or so fundamental rights grounds on which the ECJ held that the Data Retention Directive was invalid.  But at the same time DRIP has to deliver on Theresa May’s 10 July statement to the House of Commons that it maintains the status quo until 31 December 2016, when the sunset clause kicks in.

 In reality DRIP cannot square the circle. Indeed the newly published Impact Assessment recognises that the legislation does not overcome all the ECJ stumbling blocks, claiming only to address the ECJ judgment “where possible” and “to the extent practicable”.  It also acknowledges the “Risk of being perceived as ignoring the ECJ judgment”." 'via Blog this'