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This is done in the course of data retention duty, which is still present in several member states although the Data retention directive 2006/24/EC was nulled by the CJEU.
When the European court of justice struck down the data retention directive this rendered the UK's implementation of the directive unlawful.
Following the 7/7 bombings in London in 2005, the British shaped an EU data retention directive, adopted the following year, allowing the capture and storage of electronic communications.
The European court of justice has declared the data retention directive illegal, torpedoing UK government schemes for the so-called "snooper's charter" of wide-ranging collection of phone and internet data.
Butler said the government had been discussing the need for new legislation with the internet and phone companies ever since the European court of justice in April struck down the EU data retention directive.
Camilla Graham Wood, legal officer at Privacy International, said: "The UK, in enacting legislation that is almost identical to the European data retention directive which the [ECJ] ruled unlawful, is mandating data retention on a widespread, indiscriminate and untargeted basis.
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On the data retention side, the government is also facing several ongoing legal challenges to its surveillance regime under European law — and has lost multiple times including in December 2016 when Europe's top court dealt a major blow to "general and indiscriminate" data retention directives.
The highest court in Europe today ruled that "general and indiscriminate" data retention directives contravene European Union law — dealing a significant blow to governments and organizations who have been pushing for stronger surveillance and data collection, and giving a boost to privacy advocates in the process.
Dripa contains the same flaws as those identified in an EU directive on data retention that was overturned by the European court of justice (ECJ) last year in the case of Digital Rights Ireland, she told Lord Justice Bean and Mr Justice Collins.
It also wants EU data retention and intellectual property rights directives to be repealed.
On 14 December 2005, under the Britain's presidency of the EU council, an EU directive on mandatory data retention was adopted; an idea the UK had been promoting since 2001.
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