[ILUG] 1984 [Fwd: Regulation of Investigatory Powers Act]

[Paul Jakma]

On Fri, 27 Apr 2001 anton.mckee at broadcom.ie wrote:

> EU laws are only enforceable where an EU directive has been made.

indeed..

> The ECU is only the higher court when the law that is the issue
> of proceedings is one of European in origin.

ok... ie law here being a member states legislation which falls under
a EU directive?

There are indeed directives concerning data privacy. (see last
debate on this.) their original purpose was to place a responsibility
upon public bodies to respect data.

[snip]

v. interesting. i agree the eu court of justice (that's the proper
name then i take it?) is the last resort only for a very few cases
that raise a clear issue.

not an easy path, but it is there.

> The HR act also allows the government to deride the individuals right
> in matters of state security etc, so this is a possible way around the
> Hr Act for the RIP Act.

it's a grey area, isn't it?

i'd imagine that what is needed is for a case to come up where the
UK authorities use their powers under RIP against a blameless
individuals privacy to such an excess that it becomes interesting and
neccessary to resolve it in the higher courts of the EU.

if the UK on the other hand tread softly, then probably it will never
come up.

> Aj

regards,
-- 
Paul Jakma	paul at clubi.ie	paul at jakma.org
PGP5 key: http://www.clubi.ie/jakma/publickey.txt
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