Investigatory Powers Tribunal finds legislative regime for collection of bulk communications data incompatible with EU law


Photo by Markus Spiske on Unsplash

On Thursday 22 July 2021 the Investigatory Powers Tribunal (Singh LJ (President), Edis LJ and Lieven J) gave its judgment following a reference that the Tribunal had made for the preliminary ruling of the Court of Justice of the European Union.

In the light of the judgment of the CJEU, the Tribunal declared that section 94 of the Telecommunications Act 1984 Act was incompatible with EU law. Section 94 of the Telecommunications Act 1984 provided for directions to be given by the Secretary of State for the acquisition of bulk communications data with European Union law.  The consequences of the declaration will be determined by the Tribunal at a later date.

Jonathan Glasson QC and Sarah Hannett QC acted as Counsel to the Tribunal in this case.

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