Secretary 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 mandatory requirements of EU law with which the national legislation of Member States must comply?
(2) Did the CJEU in Digital Rights Ireland intend to expand the effect of Articles 7 and/or 8, EU Charter beyond the effect of Article 8 ECHR as established in the jurisprudence of the ECtHR?

Patten, Lloyd Jones, Vos LJJ
[2015] EWCA Civ 1185, [2016] HRLR 1
Data Retention and Investigatory Powers Act 2014 1, Charter of Fundamental Rights of the European Union, Directive 95/46/EC, Directive 2002/58/EC
England and Wales
Appeal fromDavis 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 . .
CitedBritish Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills Admn 20-Apr-2011
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to . .
CitedBritish Telecommunications Plc, Regina (on The Application of) v BPI (British Recorded Music Industry) Ltd and Others CA 6-Mar-2012
Appeal against an order made by Kenneth Parker J in judicial review proceedings relating to the compatibility of the online infringement of copyright provisions . .
CitedIreland v Parliament and Council ECJ 10-Feb-2009
ECJ (Approximation of laws) Action for annulment – Directive 2006/24/EC – Retention of data generated or processed in connection with the provision of electronic communications services – Choice of legal basis . .
CitedKlass And Others v Germany ECHR 6-Sep-1978
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
CitedRotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
CitedKennedy v United Kingdom ECHR 18-May-2010
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
CitedTelegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands ECHR 22-Nov-2012
The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of . .

Cited by:
ReferenceSecretary of State for The Home Department v Watson MP and Others CA 30-Jan-2018
Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with . .
Reference fromTele2 Sverige v Post-och telestyrelsen,
and Secretary of State for the Home Department
ECJ 21-Dec-2016
ECJ Judgment – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Confidentiality of electronic communications – Protection – Directive 2002/58/EC – Articles 5, 6 and 9 . .

Lists of cited by and citing cases may be incomplete.

European, Information, Human Rights

Updated: 01 November 2021; Ref: scu.554785