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ECJ advised that forcing ISPs to hoover up personal data is illegal under European Law

Advocate general’s advice is advisory but likely to be followed by the European Court of Justice

MaBi   18 January 2020 - 15:23   categories: EU, UK, Legal, State surveillance   tags: ECJ, Investigatory Powers Act, Brexit

EU’s Advocate General Manuel Campos Sánchez-Bordona has advised the European Court of Justice that national security concerns should not override data privacy of citizens. ISP should not be forced to hand over personal information unless there is clear justification. If the Court agrees the UK will have a hard time reaching an agreement with the EU over data sharing after Brexit.

The case was sparked Privacy International’s legal challenge against the UK’s Investigatory Powers Act (IPA) and the French data retention law.

The Register: Top Euro court advised: Cops, spies yelling 'national security' isn’t enough to force ISPs to hand over massive piles of people's private data