Furious ministers lash out as EU court rules parts of Snooper’s Charter are unlawful – as Europe gripped by terror crisis
The European Court of Justice ruled that the Government can't collect and keep the internet records of every UK citizen
FURIOUS ministers have lashed out at euro judges for ruling key new eavesdropping powers illegal even as Europe is gripped by a fresh terror crisis.
The European Court of Justice found GCHQ spies’ blanket data retention against European law, in a potentially devastating verdict for national security.
The Luxembourg court also staggered security chiefs by ordering MI5 and police to tip off suspects when their data has been investigated – threatening serious damage to any future probes on them.
The ruling sparked immediate warnings that lives could be at risk if it was enforced.
Any dilution of the new powers – authorised by the landmark Investigatory Powers Bill for which spy chiefs have pleaded for years – would make Britain more vulnerable to attack, it is feared.
Ex-spy MI5 chief Lord Evans said damaging spying operations could “leave us more vulnerable to attacks such as those we have seen only too frequently in recent months elsewhere in Europe, including that in Berlin”.
Slamming the court for attempting “a massive power creep”, one minister also told The Sun: “While people across Europe are being butchered by terrorists, the ECJ is crippling our law enforcement agencies ability to protect our citizens.
“They have no jurisdiction on national security – this is a massive power creep, while people are dying.
“They are out of touch and out of date.”
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The government will challenge the ruling at the Court of Appeal in January.
But it has already emerged that it cannot be ignored just because Britain is leaving the EU soon.
In a deep embarrassment for the PM personally, the legal claim was originally brought by a current Cabinet minister – Brexit Sectretary David Davis – against Theresa May while she was still Home Secretary.
Civil liberties campaigner Mr Davis allied with Labour’s Deputy Leader Tom Watson to launch the battle against the powers, but withdrew his name from this case when he joined the government in July.
The data in question refers to details such as the time and data of a phone call being made or an email being sent - but not its contents.
Mr Watson said: “Most of us can accept that our privacy may occasionally be compromised in the interests of keeping us safe, but no one would consent to giving the police the power to arbitrarily seize our phone records or emails to use as they see fit”.
But former terror laws reviewer Lord Carlile QC said: “There is a delusional view that the security forces spend all their time snooping on our communications.
“That’s just not true - in fact, it is slander.”
A Home Office spokeswoman said: “We are disappointed with the judgment from the European Court of Justice and will be considering its potential implications.
“It will now be for the Court of Appeal to determine the case. The Government will be putting forward robust arguments about the strength of our existing regime for communications data retention and access.
“Given the importance of communications data to preventing and detecting crime, we will ensure plans are in place so that the police and other public authorities can continue to acquire such data in a way that is consistent with EU law and our obligation to protect the public.”
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