The Queen on the Application of David Davis MP, Tom Watson MP v. Secretary of State for the Home Department,  EWHC 2092 (Admin.) (High Ct. of Justice Q.B. Division)
In response to the invalidation of the EU Data Retention Directive of 2006 by the European Court of Justice (CJEU) in Joined Cases C-293/12 & C-594/12, Digital Rights Ireland and Seitlinger and Others (Apr. 8, 2014), the Data Retention and Investigatory Powers Act (DRIPA) was rushed through the UK Parliament in three days in July 2014. On July 22, 2014, Conservative Member of Parliament (MP) David Davis and Labor MP Tom Watson gave the Home Office seven days’ notice of their intent to seek judicial review.
This challenge, brought by Liberty on behalf of the MP’s, contends that DRIPA, which requires telecommunications companies to retain internet and telephony metadata for a period of 12 months to be provided to the police and security services if necessary, contains the same flaws as the CJEU identified in the EU Data Retention Directive. According to the MP’s, DRIPA is incompatible with the right to respect for private and family life in the UK Human Rights Act, Article 8 of the European Convention on Human Rights and Article 7 of the EU Charter on Fundamental Rights, and also contravenes the right to protection of personal data in the Human Rights Act and Article 8 of the EU Charter. In accord with the Human Rights Act, the MPs asked the High Court to invalidate DRIPA on the ground that it violates individuals’ rights under the European Convention and EU Charter or, in the alternative, to return the legislation to Parliament for further consideration.
A hearing before the High Court in London was held on June 4 and 5, 2015. The Law Society of England and Wales, Privacy International and the Open Rights Group intervened on the MPs’ behalf.
On July 17, 2015, the High Court issued a Judgment holding that Section 1 of DRIPA was contrary to EU law and could therefore not be applied in the UK. Application of the Judgment was suspended, however, until March 31, 2016.