Security News > 2020 > October > UK, French, Belgian blanket spying systems ruled illegal by Europe’s top court

Mass surveillance programs run by the UK, French and Belgian governments are illegal, Europe's top court has decided in a huge win for privacy advocates.

The European Court of Justice announced on Tuesday that legislation passed by all three countries that allows the government to demand traffic and location data from internet and mobile providers in "a general or indiscriminate way" breaks EU data privacy laws - even when national security concerns are invoked.

The court specifically notes that "The general and indiscriminate retention of traffic data and location data... constitute particularly serious interferences with the fundamental rights guaranteed by the Charter, where there is no link between the conduct of the persons whose data is affected and the objective pursued by the legislation at issue." The result is that the decision should, in theory at least, mean the end of mass surveillance in Europe.

Government ministers have repeatedly noted that the UK will retain its current systems and doesn't have to listen to Europe now that the UK has left the European Union.

If the UK does insist on retaining surveillance programs now found to be illegal under European law, it will almost certainly result in a similar situation to the ongoing battle with the US over transatlantic data flows.

News URL

https://go.theregister.com/feed/www.theregister.com/2020/10/07/eu_privacy_ruling/