This week, the CJEU issued a ruling that could spring a leak and potentially sink adequacy negotiations between the U.K. and EU.
CJEU ruled to restrict surveillance activities on phone and internet data by EU member states but specifically to regimes in Belgium, France and the U.K. The decision means governments have limited grounds for mass data retention unless they face a “serious threat to national security.” Additionally, access to phone and internet data, as well as the duration of that access, should be determined based on necessity.
The U.K. is chief among those affected by the court’s ruling as the clock winds down on its Brexit transition period, which is set to expire with or without an adequacy decision from the EU December 31. Doubts about an adequacy agreement already loomed, but the latest CJEU ruling further clouds a potential deal.