ABSTRACT
This chapter starts by examining the European Union's (EU) constitutional and legal influence on the UK legislature, specifically with regard to data protection and the rule of law. Applying this criterion specifically to Investigatory Power Act (IPA), the chapter illustrates that having been tested by the Court of Justice of the European Union’s (CJEU), the initial bulk interception powers may be constrained. It aims to assess if IPA strikes the right balance between individual privacy and collective security in the digital age, and stands up to CJEU and European Court of Human Rights (ECtHR) judicial scrutiny. The data protection principle relates to security, and it states that 'appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data'. The EU adopted a framework decision aimed at providing similar legislative protection, but focused primarily on police and judicial cooperation when dealing in criminal matters.
