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Post-och Telestyrelsen and Watson and the Investigatory Powers Act 2016

Will R Mbioh

DOI https://doi.org/10.21552/edpl/2017/2/24



Joined Cases C-203/15 and C-698/15 Tele2 Sverige AB v Post-och telestyrelsen and Secretary of State for the Home Department v Tom Watson and Others, Court of Justice of the European Union (Grand Chamber), 21 December 2016, ECLI:EU:C:2016:970
In Post-och Telestyrelsen and Watson, the Court of Justice of the European Union (CJEU) clarified EU law on data retention. The Court established mandatory requirements for measures that allow for the retention of personal data and its accessing by public bodies to combat serious crime. This commentary provides the legal background to the case, along with the key legal issues that the CJEU had to address. It then explains its significance for the Investigatory Powers Act 2016 and identifies areas where the Act may not be compatible with mandatory requirements listed in the case. The commentary then suggests how the Act could be amended and made consistent with these requirements.

Dr Will R Mbioh, Associate Lecturer, University of Kent. For correspondence: <mailto:W.R.Mbioh@kent.ac.uk>.DOI: 10.21552/edpl/2017/2/24

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