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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.
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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.
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.
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.
Digital rights activists, such as Germany's Chaos Computer Club, argued there was no evidence that data retention would be of actual use in the fight against terrorism: in Austria, where the data retention directive was implemented, they said the law was purely used to fight minor crimes such as theft.
The Data Retention (EC Direction) Act of 2009 was implemented by the last Labour government in response to the 2006 EU data retention directive, which required member states to store citizens' telecoms data for a minimum of six months and a maximum of 24 months.
DRIP does water down the prior European data retention directive retention period from up to two years, to up to one year.
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