22 Dec 2016

Facebook, Google, Twitter and Yahoo snooping is lawful just because we clicked “yes” to their Terms and Conditions which we never read anyway

7574722_s.jpgThe UK government is told it would be unlawful to create a law that requests internet service providers to retain user’s data for 12 months across the board. On Wednesday 21 December 2016, the Court of Justice of the European Union (CJEU) ruled that it would be unlawful for the UK to enact laws that “provide for general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to all means of electronic communication” in order to help fight crime.

The court disallowed national laws that compel data preservation, “as a preventive measure” even if the purpose of the law is to fight “serious crime”.

The European court also said that there must be a specific reason for data retention requests and that it was unlawful for the UK to create general data retention laws simply as a preventative measure.

Fortunately, our safety is not entirely in the hands of European judges so this ruling is unlikely to make much of a difference to the high level of government snooping that is going on in this country.

Under the Investigatory Powers Act, UK authorities, such as intelligence agencies and law enforcement bodies were authorized to require the help of telecoms companies in tackling serious crime and protecting the UK’s economic interests, among other priorities listed in the legislation.

The Act permitted the security agencies to order internet service providers to retain data, disclose it, intercept communications, or assist with equipment interference. The Act was brought in, in addition to their already existing powers to have a qualified right to obtain personal datasets in bulk for national security reasons under warrants that would be issued by UK ministers.

The Investigatory Powers Act was intended to regulate and place limits on the powers of the UK security agencies and to bring their activities within a closer scrutiny of Parliament.

The ruling by the CJEU, effectively rendered the Investigatory Powers Act unlawful which means that the security agencies will continue to request data retention and disclosures outside the Act of Parliament and under the qualified right to obtain personal datasets in bulk and other emergency warrants, which means their activities will remain far less accountable.

This of course means less privacy to UK citizens rather than more but who really cares? After all, Facebook, Google, Twitter and Yahoo snooping is lawful just because we clicked “yes” to their Terms and Conditions which most of us never read anyway. The security services on the other hand don’t have an App or Terms and Conditions in small print but at least their snooping is done for the purpose of keeping us safe and secure. I say, let them do their job and let our Parliament keep them under control.

Bulk Personal Datasets collected by UK government includes solicitor client privileged information

remove_google_legal_advice.png

Upcoming Events

May 2020

The Internet Law Leadership Summit 2020

14 May 2020  -  15 May 2020

The annual gathering of the most prominent internet law lawyers and attorneys from across the world

From 09:00 until 17:00

At Aria Hotel, Las Vegas

Find out more...

April 2020

The Data Protection Practitioners' Conference 2020

06 Apr 2020

The annual ICO conference with Information Commissioner, Elizabeth Denham CBE

From 08:30 until 17:00

At Manchester Central Convention Complex

Find out more...

    A “MUST SEE” NEW VIDEO RELEASE:

    Pornhub is complicit in the sex trafficking and rape of women and children. It’s time for Pornhub to be shut down and it’s executives held accountable.

    **Share this video** and tell the world the truth about Pornhub. #Traffickinghub

    This podcast investigation was conducted by @AlexiMostrous and features the important work of attorney Yair Cohen @CyberLawExpert to hold sexual abusers and corporations who profit from sexual abuse accountable.

    The sadistic UK #gay website #DominatedMen.net shuts down after owner confronted with evidence of exploitation of vulnerable men. Victims of the #gayporn site whose videos are on #YouPurn, should get in touch for help #Traffickinghub @CEASEorgUK.. https://youtu.be/anZcvH1a3GI

    “A Chinese woman found a video of herself on Pornhub. The woman came close to taking her own life after learning about the non-consensual footage. Now she is fighting for justice.” #Traffickinghub https://www.scmp.com/week-asia/people/article/3141469/chinese-woman-found-video-herself-pornhub-her-new-app-aims-help

    Load More...