High Court overturns controversial surveillance legislation

The High Court has overturned the DRIPA emergency surveillance legislation brought in by the Westminster Government last year, on the grounds that it is inconsistent with EU law. The ruling is the result of a judicial challenge launched by the Labour backbencher Tom Watson and former Conservative shadow Home Secretary David Davis.

Backed by human rights groups, Davis and Watson successfully argued that the law lacked sufficient safeguards to prevent its abuse by the police and security services, particularly in respect of investigating less serious crimes.

The court ruled it was therefore incompatible with article 8 of the European Convention on Human Rights – the right to respect for private and family life – and articles 7 and 8 of the EU Charter of Fundamental Rights – respect for private and family life and protection of personal data.

While the judges said the law should be “disapplied”, they also opted to suspend their judgment until after 31 March 2016, to allow Parliament the opportunity to address the Act’s failings.