Project Fear or Project Reality about Brexit continues and while risks to banking, air travel, radio-therapy and the pan-European integrated manufacturing supply chains are all making the headlines, there is also a serious problem with maintaining data flows particularly of personal data, which underpins both secondary & tertiary sector industries. This article looks at the threat to trade involving data flows posed by Brexit and looks at the likely shape of US/EU data flow and privacy regulation.
Tag Archives: CJEU
I went to the Labour Campaign for Human Rights meeting in the Commons yesterday, the keynote speaker was Kier Starmer, the Labour Brexit spokesman. He opened his speech stating he had voetd “Remain” based on jobs and rights and woke up on 27th June asking what world we live in. He argued that now we needed to accept democracy and that UK’s politics is about the new relationship with the EU. He argues we need to re-root our rights in UK law! (What like the Human Rights Act?) Labour is proposing a new Law to transcribe the EU’s rights and protections into UK law, but under the Tories this will be weak since the Tories are not planning to bring the “Fundamental Charter of Rights” across into UK law.
Earlier this week, the Court of Justice of the European Union delivered its judgement on the legality of the UK & Swedish data retention and surveillance laws. They confirmed their ruling from 2015 that general monitoring is illegal, that retention must be specific and is only allowed to combat serious crimes, that access to surveillance records must be authorised by independent authorities and that EU data subjects must be have access to legal remediation if their rights to privacy are breached. The Guardian report on it here, the Independent here ,the Register here and even the Daily Mash comments here. The UK’s Investigatory Powers Act also gives the government the right to mandate backdoors in UK operated communications products; these powers may also fall foul of the prohibition on general monitoring and the need for independent review. While the ruling is specific to the UK’s DRIPA law, which has now been replaced by the Investigatory Powers Act, it poses a clear challenge to the legality of the new Law.
The highest levels of international judiciary have been busy over the last week, I report and comment on the Microsoft vs. FBI on linkedin Pulse, in an article called “Citizens Win”. It was quite simple in the end, the law under which the FBI was seeking search warrant powers was not on of the post 911 laws, but an earlier one and the US District Court says that the law grants no power of inspection abroad. The spooks are going to have to apply for an Irish warrant. In Europe however, Tom Watson’s & David Davies’s judicial review on DRIPA have reached the Advocate General. This reported by Tom Watson here, and by Glyn Moody here. Watson writes about the need for strong judicial review of the search warrants, and Moody brings up that mass surveillance can only be used in the fight against serious crime.
Last month the Court of Justice of the European Union ruled the US Safe Harbour treaty to be insufficient for European data protection law purposes. How important this is, is subject to debate. One of the principles of European Data Protection law is that personal and confidential data must be “adequately protected”. The CJEU has stated that the US Safe Harbour agreement offers insufficient and uncertain protection to European personal data.
An exciting day in many ways yesterday! The European Court have confirmed the European Commission’s fine on Microsoft for ant-competitive activities. The Guardian have reported it with the head line “European appeal court opens Windows to the world and shakes the superdominant“.