West may resist UK cyber surveillance lead

Subject

Trends in online surveillance laws.

Significance

The European Court of Justice (ECJ) ruled on December 21 against the UK government's Data Retention and Investigatory Powers Act on the grounds that the legislation required the general and indiscriminate retention of communications data. Intelligence agencies and police forces in liberal democracies have been upgrading their powers regarding online surveillance, but none have gone as far as the United Kingdom in requiring communication companies to retain all users' browsing histories for a year.

Impacts

• The court ruling -- and its likely application by the UK Court of Appeal -- will make a challenge to this year's legislation very likely.
• The UK government will have to reconsider its plans for data retention or be in breach of EU law.
• Brexit may enable the United Kingdom to retain the law.
• Maintenance of a different surveillance regime in the United Kingdom would jeopardise data transfers between it and the EU.