Emergency phone and internet data laws to be passed

Emergency legislation to ensure that UK law enforcement and intelligence agencies can maintain their ability to access the telecommunications data they need to investigate criminal activity and protect the public was announced on the 10 July 2014 by the UK government. The initiative had cross party agreement.

The UK government said it was taking the action following two recent developments. First, the European Court of Justice (ECJ) had struck down in April 2014 regulations enabling Communications Service Providers (CSPs) to retain communications data for law enforcement purposes for up to 12 months.

Secondly, some companies were calling for a clearer legal framework to underpin their cooperation with law enforcement and intelligence agencies to intercept what terrorists and serious criminals are saying to each other. This is the ability to access content with a warrant signed by a Secretary of State.

Some MPs and civil liberties organisations were shocked and opposed to the new bill and the way the emergency measure was to be rushed through parliament in one week. Steve Peers wrote that 'the government’s intention, as manifested by the Bill, to reinstitute mass surveillance of telecoms traffic data is a clear breach of the EU Charter of Fundamental Rights'.

The NSA whistleblower Edward Snowden said in an interview with The Guardian that it 'defies belief' that the bill must be rushed through after government ignored the issue for a year.

• Primary Source

The Guardian, 10.07.14: Surveillance law wins cross-party support but critics claim stitch-up http://www.theguardian.com/world/2014/jul/10/surveillance-legislation-commons-support-critics-stitch-up

ESO: Background information: EU court scraps data surveillance law http://www.europeansources.info/record/eu-court-scraps-data-surveillance-law/

UK: GOV.UK: Home Office: Speeches, 10.07.14: Home Secretary's oral statement about the use of communications data and interception https://www.gov.uk/government/speeches/communications-data-and-interception

The Guardian, 10.07.14: [Comment]: Why the emergency surveillance law has united Westminster http://www.theguardian.com/commentisfree/2014/jul/10/emergency-surveillance-laws-united-westminster

UK: GOV.UK: Prime Minister's Office: Press Release, 10.07.14: PM and Deputy PM to announce emergency security legislation https://www.gov.uk/government/news/pm-and-deputy-pm-to-announce-emergency-security-legislation

Blog: EU Law Analysis, 10.07.14: Does the UK’s new data retention bill violate the EU Charter of Fundamental Rights? http://eulawanalysis.blogspot.co.uk/2014/07/does-uks-new-data-retention-bill.html

UK: Bill: Data Retention and Investigatory Powers Bill, 2014 (via Statewatch) http://www.statewatch.org/news/2014/jul/uk-bill-data-ret.pdf

UK: Bill: Data Retention and Investigatory Powers Bill, 2014: Explanatory Memorandum (via Statewatch) http://www.statewatch.org/news/2014/jul/uk-bill-data-ret-em.pdf

Euronews, 10.07.14: UK to pass emergency measures to collect phone and internet data http://www.euronews.com/2014/07/10/uk-to-pass-emergency-measures-to-collect-phone-and-internet-data/

The Guardian, 13.07.14: Edward Snowden condemns Britain's emergency surveillance bill http://www.theguardian.com/world/2014/jul/13/edward-snowden-condemns-britain-emergency-surveillance-bill-nsa

Deutsche Welle, 14.07.14: UK to fast-track controversial surveillance bill http://dw.de/p/1Ccs2

The Conversation, 15.07.14: Data retention bill goes even further than politicians would have you believe https://theconversation.com/data-retention-bill-goes-even-further-than-politicians-would-have-you-believe-29235?utm_medium=email&utm_campaign=Latest+from+The+Conversation+for+16+July+2014+-+1781&utm_content=Latest+from+The+Conversation+for+16+July+2014+-+1781+CID_e25e9fefae63c37655e059076b307256&utm_source=campaign_monitor_uk&utm_term=was%20being%20rushed%20through%20parliament

BBC News, 15.07.14: Commons passes emergency data laws despite criticism http://www.bbc.co.uk/news/uk-28305309

Blog: EU Law Analysis, 15.07.14: Open letter on the UK's Data Retention and Investigatory Powers Bill http://eulawanalysis.blogspot.co.uk/2014/07/open-letter-on-uks-data-retention-and.html

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