DRIPA web snooping law faces judicial challenge

[Aerosol]

The UK High Court has approved a judicial hearing over the Data Retention and Investigatory Powers Act (DRIPA), which was rushed into force this summer by the government.

DRIPA was challenged almost as soon as it was announced and ratified by the government.

MPs Tom Watson and David Davis, and the Open Rights Group and Liberty, launched challenges, and will now be allowed to enter more negative evidence about the legislation.

The ORG welcomed the court's decision.

"After the Court of Justice of the EU [CJEU] declared the Data Retention Directive invalid, the UK government had the opportunity to design new legislation that would protect human rights," said ORG legal director Elizabeth Knight.

"It chose instead to circumvent the decision of the CJEU by introducing DRIPA, which is almost identical to the Data Retention Directive.

"Through our submission, we hope to help demonstrate that DRIPA breaches our fundamental human right to privacy and does not comply with human rights and EU law."

Loz Kaye, leader of the UK Pirate Party, welcomed the review, adding that the hastily introduced rules demanded scrutiny.

"It's vital that the DRIPA travesty is challenged. Whatever the government and the Labour Party say, the CJEU was crystal clear that blanket snooping is a violation of the right to a private life," he said.

"Either we believe in human rights or we don't. We don't just get to pick and choose as it suits the powers that be."

The Home Office, which is responsible for DRIPA, told V3 it does not comment on ongoing litigation. V3 has also asked Watson and Liberty for their responses.

The Internet Service Providers Association also criticised the government last week for not heeding the industry when it comes to regulation.

It is sticking to this stance, and said that service providers need a legal framework that they can count on.

"It is important that the communications data framework and obligations passed on CSPs are legally compliant and it is for the Home Office to ensure that this is the case," said Nicholas Lansman, ISPA secretary general in a statement to V3.co.uk.

"DRIPA was fast tracked through Parliament, as have new IP resolution powers, so ISPA is calling on Government to commit to no further extension of communications data capabilities until a full and comprehensive review has taken place in the next Parliament."

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