back to article Home Office admits it's preparing to accept EU ruling on surveillance

The UK Home Office has acknowledged that it is preparing to accept a landmark EU ruling from last year which restated that access to retained data must only be given in cases of serious crime, unlike the range of cases provided for under the new Investigatory Powers Act. When the Court of Justice of the European Union (CJEU) …

  1. Doctor Syntax Silver badge

    "a new communications data independent authorising body"

    Looking at the tender this seems to be a very vague entity. Will it ever make it out of the still-thinking-about-it stage? Working on it will maybe keep the CJEU quiet until Brexit at which point they'll hope the problem goes away. Cynical? Moi?

    1. nuked

      "Cynical? Moi?"

      Reading this made me want to break something.

      Have a downvote.

    2. Warm Braw

      Re: "hope the problem goes away"

      Unfortunately, it won't if we hope to be able to exchange personal data with or sell communications services to the EU post-Brexit. I also very much doubt that we will be able to "free ourselves" from the CJEU as it will still have the final say on whether our vague entities are compatible with EU law for the purposes of our continuing trade.

  2. ArrZarr Silver badge
    Childcatcher

    "arresting criminals, prosecuting paedophiles and preventing terrorist attacks"

    So the information won't be used for prosecuting criminals other than paedophiles or were they just feeding the Daily Mail's headlines?

  3. Justicesays

    Serious Crimes Act 2017

    A "Serious Crime" is whatever we say it is.

    Also , suspicion that you might have committed a "Serious Crime" counts.

    Suspicion can be based solely on some guys opinion.

    We have some super suspicious and paranoid people lined up for doing all the spying.

    They suspect everyone.

    Regards

    Your prying government.

    1. Anonymous Coward
      Anonymous Coward

      Re: Serious Crimes Act 2017

      Does it count that I suspect Theresa May of sticking her cock in a pig?

      1. Aristotles slow and dimwitted horse

        Re: Serious Crimes Act 2017

        I'm not sure that counts as a "serious crime". Unless the poor aforementioned pig is still alive.

        1. BebopWeBop
          Devil

          Re: Serious Crimes Act 2017

          Heath and safety if it has already been coocked and is about to be eaten

        2. John Brown (no body) Silver badge
          Thumb Up

          Re: Serious Crimes Act 2017

          "Unless the poor aforementioned pig is still alive."

          Considering how vicious and violent a pig can be when still alive, and it's very nasty bite, especially when upset, I think I'd quite enjoy watching politicians placing their own body parts inside the mouths of live pigs.

    2. Anonymous Coward
      Anonymous Coward

      Re: Serious Crimes Act 2017

      Serious crimes such as computer misuse and hacking, paying offshore criminals to steal journalist's passwords etc? Data both retained, at rest and in transit. Gotta catch it all!

      https://www.theguardian.com/uk-news/2017/mar/21/ipcc-investigates-claims-police-used-hackers-to-read-protesters-emails-jenny-jones

  4. Captain Hogwash

    "Our guiding principle is keeping people, families and communities safe..."

    So safety always trumps freedom. Presumably eight out of ten cats who were never allowed to express a preference would agree this should be so? There are so many suitable icons that I couldn't decide which was most appropriate for this post.

    1. Anonymous Coward
      Anonymous Coward

      Re: "Our guiding principle is keeping people, families and communities safe..."

      For extra points, compare past commemorative speeches by politicians on the anniversary of VE day, or D-Day, etc with current ones. Has the language changed from "died for our freedom" to "died to keep us safe"?

  5. I_am_Chris

    All irrelevant anyway

    Once we're out of EU our lovely can go on ruining our civil liberties with nary a care...

    1. Anonymous Coward
      Anonymous Coward

      Re: All irrelevant anyway

      well not irrelevant at all, like Warm Braw said

      "Unfortunately, it won't if we hope to be able to exchange personal data with or sell communications services to the EU post-Brexit. I also very much doubt that we will be able to "free ourselves" from the CJEU as it will still have the final say on whether our vague entities are compatible with EU law for the purposes of our continuing trade."

      and this

      https://www.theguardian.com/law/2017/mar/22/uk-must-retain-link-with-european-court-of-justice-say-mps

      we may be leaving the EU but it seems we are staying in the CJEU

  6. John Smith 19 Gold badge
    Gimp

    "putting forward robust arguments"

    So another couple of £m of taxpayers money ending up in some briefs pockets.

    And I will be most surprised if this new approvals body is as much a rubber-stamping-n-cheerleading operation as the "Interception Commissioners" office seemed to be.

    1. Anonymous Coward
      Anonymous Coward

      Re: "putting forward robust arguments"

      I was at the plenary meeting, open widely to companies, consultants, representatives & hotel staff , when the ILETS representative, he/she/it said " toddle off home to your national police forces and make them use this retained data as we are embarrassed that after several years there's •nothing• to put in the tables"

      Presumably that was just initial teething troubles and the varied world plods will now be using the data. . .? (apart from its then & now technical illegality, of course)

      I do believe statewatch.org is less optimistic, reading the public documents that they have on DR, I'm all for data-sharing and arresting pedos by the way - there seem to be quite a few who allegedly own islands/counties/apes that were/are however immune?

  7. Roj Blake Silver badge

    Deja Vu

    Call me cynical, but the government will end up just ignoring any decision that goes against them, as they did with votes for prisoners and retention of DNA.

    1. BebopWeBop

      Re: Deja Vu

      And photos!

  8. Camilla Smythe

    Basically....

    They have just admitted that they do not have the technical capability to collect Internet Connection Records but are using the Judgement that says they are not allowed to do so in order to avoid admitting as much.

    Why... just last week I developed a Pure Fusion Weapon with Stark Trek Transportation Delivery Capability and someone said I was spouting shit. As things turn out it would be in violation of some nuclear proliferation treaty so I have decided not to implement it.

  9. Anonymous Coward
    Anonymous Coward

    "The government will vigorously defend the fundamental powers in the Investigatory Powers Act because they are vital to the police and intelligence agencies in arresting criminals, prosecuting paedophiles and preventing terrorist attacks, but much more importantly, controlling the UK population" the spokesperson added.

    TFTFY

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