U.K. Surveillance Powers Are 'Illegal', Rules E.U.'s Highest Court

The European Union's highest court has ruled that the "general and indiscriminate retention" of electronic communications by governments is illegal, in a direct challenge to the U.K.'s recently passed Investigatory Powers Act, the so-called "Snooper's Charter" (via The Guardian).

The U.K. bill requires that internet service providers retain a record of all websites visited by citizens for 12 months at a time, but today's decision by the European Court of Justice (ECJ) in Luxembourg ruled that the collection of data in such a manner puts citizens under "constant surveillance" and enables governments to draw "very precise conclusions" about their private lives.

european_court_of_justice-4f451e1-intro

The European Court of Justice

The interference by national legislation that provides for the retention of traffic data and location data with that right must therefore be considered to be particularly serious. The fact that the data is retained without the users of electronic communications services being informed of the fact is likely to cause the persons concerned to feel that their private lives are the subject of constant surveillance. Consequently, only the objective of fighting serious crime is capable of justifying such interference.

It's unclear at this point whether the ruling can be used to overturn the United Kingdom's surveillance laws. The U.K.'s Home Office has said it will appeal the ruling, which could eventually prove academic once the country has withdrawn from the E.U. and the ECJ loses judicial authority over the U.K.

Martha Spurrier, director of the human rights group Liberty, said the ruling "upholds the rights of ordinary British people not to have their personal lives spied on without good reason or an independent warrant."

The government must now make urgent changes to the Investigatory Powers Act to comply with this. This is the first serious post-referendum test for our government's commitment to protecting human rights and the rule of law. The UK may have voted to leave the EU – but we didn't vote to abandon our rights and freedoms."

Apple has long opposed the U.K.'s Investigatory Powers bill, which originally required companies to build anti-encryption backdoors into their software, before an amendment to the wording meant that companies aren't required to do so when a government agency requests it, unless taking such an action "is technically feasible and not unduly expensive". The exact definition of those terms are set to be left to the decision-making of a British judge on a case-by-case basis.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

Apple Logo Zoomed

Tim Cook Teases Plans for Apple's Upcoming 50th Anniversary

Thursday February 5, 2026 12:54 pm PST by
Apple turns 50 this year, and its CEO Tim Cook has promised to celebrate the milestone. The big day falls on April 1, 2026. "I've been unusually reflective lately about Apple because we have been working on what do we do to mark this moment," Cook told employees today, according to Bloomberg's Mark Gurman. "When you really stop and pause and think about the last 50 years, it makes your heart ...
wwdc sans text feature

Apple Rumored to Announce New Product on February 19

Thursday February 5, 2026 12:22 pm PST by
Apple plans to announce the iPhone 17e on Thursday, February 19, according to Macwelt, the German equivalent of Macworld. The report, citing industry sources, is available in English on Macworld. Apple announced the iPhone 16e on Wednesday, February 19 last year, so the iPhone 17e would be unveiled exactly one year later if this rumor is accurate. It is quite uncommon for Apple to unveil...
Finder Siri Feature

Why Apple's iOS 26.4 Siri Upgrade Will Be Bigger Than Originally Promised

Friday February 6, 2026 3:06 pm PST by
In the iOS 26.4 update that's coming this spring, Apple will introduce a new version of Siri that's going to overhaul how we interact with the personal assistant and what it's able to do. The iOS 26.4 version of Siri won't work like ChatGPT or Claude, but it will rely on large language models (LLMs) and has been updated from the ground up. Upgraded Architecture The next-generation...
iOS 26

iOS 26.3 and iOS 26.4 Will Add These New Features to Your iPhone

Tuesday February 3, 2026 7:47 am PST by
While the iOS 26.3 Release Candidate is now available ahead of a public release, the first iOS 26.4 beta is likely still at least a week away. Following beta testing, iOS 26.4 will likely be released to the general public in March or April. Below, we have recapped known or rumored iOS 26.3 and iOS 26.4 features so far. iOS 26.3 iPhone to Android Transfer Tool iOS 26.3 makes it easier...
iphone 17 pro dark blue 1

iPhone 18 Pro Max Rumored to Deliver Next-Level Battery Life

Friday February 6, 2026 5:14 am PST by
The iPhone 18 Pro Max will feature a bigger battery for continued best-in-class battery life, according to a known Weibo leaker. Citing supply chain information, the Weibo user known as "Digital Chat Station" said that the iPhone 18 Pro Max will have a battery capacity of 5,100 to 5,200 mAh. Combined with the efficiency improvements of the A20 Pro chip, made with TSMC's 2nm process, the...

Top Rated Comments

niun Avatar
119 months ago
Steady now E.U.
The people of England (outside of major cities) have spoken and decided we'd like to become a soviet style snooper state that banishes basic human rights.
Score: 43 Votes (Like | Disagree)
niun Avatar
119 months ago
When will the remoaners give it a rest? Still don't think May even wants out and it will be a wishy washy exit not what we voted for but that will be the end of them.
What did you vote for exactly?

£350 million a week going to the NHS?
Border Control?
Not having to pay any cash to the EU?
A few less immigrants taking all the jobs that nobody wanted to do in the first place?

All of that was complete bollox.
Score: 34 Votes (Like | Disagree)
576316 Avatar
119 months ago
Sometimes I f**king hate this stupid country and it's ridiculous government. I didn't vote for Brexit and I didn't vote for Theresa May...what part of this is democracy?
Score: 32 Votes (Like | Disagree)
VulchR Avatar
119 months ago
One of the things that will get left behind after Brexit will be civil liberties. It's sad.
Score: 24 Votes (Like | Disagree)
robeddie Avatar
119 months ago
Never mind, not long now and we can introduce it anyway once we've left the dictatorship EU.

With all the terrorists being harboured in the UK this is a good idea. No one moans about being filmed several times a day by CCTV.

No doubt the remoaners will complain.....
So this is how it works, put some fear into peole and they'll throw away their rights at the blink of an eye. Again, not trying to get cliche here, but tens of thousands of people fought and died to protect those rights (think WW2) and now, since youre a little nervous about terrorists, you want to throw away what they fought so hard for.
Your great grandparents are probably rolling over in their graves right now.
Score: 21 Votes (Like | Disagree)
Stella Avatar
119 months ago
The UK can re-introduce this after they've exited the EU.

Must be great - living the book of 1984!
Score: 19 Votes (Like | Disagree)