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Chapter

Cover Information Technology Law

25. State surveillance and data retention  

This chapter examines the purpose and impacts of state surveillance in the digital environment. It considers the effects of the revelations brought to light by Edward Snowden and outlines the current legal framework for the interception of communications in the UK. The programmes of state surveillance, including by the NSA, GCHQ, and Prism are outlined. The retention and use of personal digital data is also discussed and its relation to the Investigatory Powers Act 2016 examined in detail. The chapter discusses the challenges to data interception in Liberty & Privacy International v GCHQ, Centrum För Rättvisa v Sweden, and Big Brother Watch v UK and against data retention in Tele2 Sverige.

Chapter

Cover Essential Cases: Public Law

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Information Technology Law

25. State surveillance and data retention  

This chapter examines the purpose and impacts of state surveillance in the digital environment. It considers the effects of the revelations brought to light by Edward Snowden and outlines the current legal framework for the interception of communications in the UK. The programmes of state surveillance, including by the NSA, GCHQ, and Prism are outlined. The retention and use of personal digital data is also discussed and its relation to the Investigatory Powers Act 2016 examined in detail. The chapter discusses the challenges to data interception in Liberty and Privacy International v GCHQ and against data retention in Tele2 Sverige.