Data retention directive "invalid"
zenadsl6186 at zen.co.uk
Wed Apr 9 09:53:15 BST 2014
On 09/04/14 09:09, Francis Davey wrote:
> 2014-04-09 9:02 GMT+01:00 Roland Perry <lists at internetpolicyagency.com
> <mailto:lists at internetpolicyagency.com>>:
> The blog I linked to yesterday, written by a Brussels
> attorney/lobbyist with an impressive CV, seems to be saying there is
> no precedent for something like this.
> There's unlikely to be any precedent for *this* because, as far as I can
> remember, only one directive has ever been held invalid (at least since
> UK membership) and that was invalidated before it was transposed, so the
> question never arose.
I go with the invalid ab initio theory, but others might disagree.
However I don't think it actually matters much whether the Regulations
are invalid or whether they are technically still valid but you don't
have to obey them.
I haven't (yet) come across a credible theory which demands that they
still must be obeyed ...
-- Peter Fairbrother
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