Despite Security Minister Ben Wallace’s attempts to downplay it, the Court of Appeal’s ruling in the Watson case continues the drip of cases finding the Government’s draconian attempt to access bulk communications data (BCD) unlawful. Concerning the now expired sections 1 and 2 of Data Retention and Investigatory Powers Act 2014 (DRIPA), the ruling impacts Part 4 of the Investigatory Powers Act 2016. Although amendments are already tabled, the upcoming judicial review brought by Liberty means the Government should heed the court’s warning. Watson and related cases centre on the state’s power to retain and access bulk communications data and privacy and communications rights. In this knotty area three key lessons can be found.
Source: The DRIP(A) of Watson – SCRIPTed