Data retention directive "invalid"
Caspar Bowden (lists)
lists at casparbowden.net
Tue Apr 8 18:23:25 BST 2014
On 08/04/14 19:06, Francis Davey wrote:
> 2014-04-08 16:52 GMT+01:00 Roland Perry
> <lists at internetpolicyagency.com <mailto:lists at internetpolicyagency.com>>:
> From another list:
> "There is no automatic annulment of the national legislation on data
> retention, it is up to the member states to abrogate or modify their
> But uninteresting to our discussion. It is discussing whether _as a
> matter of EU law_ transposition measures are void after the finding of
> invalidity of a directive they transpose.
> But the effect of UK or English law is likely to be more important.
> This is because the regulations were made under s.2(2) powers. As far
> as I can see this means that the invalidity of the directive means
> that the regulations are invalid ab initio. If (on the other hand) the
> rules on data retention had been made by UK Act of Parliament, then
> they would not have depended on a directive to be valid and so would
> not be void in the same way.
> (Of course - and this is a different discussion - the UK might be
> prevented by other laws, such as the data protection directive or the
> CFR, from passing such an Act and then it might be possible to have it
> disapplied under the Factortame principle).
> Someone pointed me to: http://dare.uva.nl/document/102647 which comes
> to the same conclusion.
This likely relevant but not a quick or easy read
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