Davis and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 17 Jul 2015

The applicants said that section 1 of the 2014 Act was unlawful in that it went against decisions of the European Court.
Held: Section 1 was indeed inconsistent with European Union Law. Section 1, of the Act should be disapplied: (1) insofar as access to and use of communications data retained pursuant to a retention notice is permitted for purposes other than the prevention and detection of serious offences or the conduct of criminal prosecutions relating to such offences; and
(2) insofar as access to the data is not made dependent on a prior review by a court or an independent administrative body whose decision limits access to the use of the data to what is strictly necessary for the purpose of attaining the objective pursued.

Bean LJ, Collins J
[2015] WLR(D) 318, [2015] EWHC 2092 (Admin)
Bailii, WLRD
Charter of Fundamental Rights of the European Union 7 88, Directive 97/66/EC, Directive 2002/58/EC, Directive 2006/24/EC, Data Retention and Investigatory Powers Act 2014 1
CitedDigital Rights Ireland v The Minister for Communications, Marine and Natural Resources etc ECJ 8-Apr-2014
ECJ Grand Chamber – Electronic communications – Directive 2006/24/EC – Publicly available electronic communications services or public communications networks services – Retention of data generated or processed . .
CitedThe Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .

Cited by:
Appeal fromSecretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .

Lists of cited by and citing cases may be incomplete.

Constitutional, Police, Information, European, Human Rights

Updated: 02 January 2022; Ref: scu.550378