Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 28 December 2015 – Secretary of State for the Home Department v David Davis, Tom Watson, Peter Brice, Geoffrey Lewis

(Case C-698/15)

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicant: Secretary of State for the Home Department

Defendants: David Davis, Tom Watson, Peter Brice, Geoffrey Lewis

Questions referred

Does the judgment of the Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger, ECLI:EU:C:2014:238 ("Digital Rights Ireland") (including, in particular, paragraphs 60 to 62 thereof) lay down mandatory requirements of EU law applicable to a Member State's domestic regime governing access to data retained in accordance with national legislation, in order to comply with Articles 7 and 8 of the EU Charter ("the EU Charter")?

Does the judgment of the Court of Justice in Digital Rights Ireland expand the scope of Articles 7 and/or 8 of the EU Charter beyond that of Article 8 of the European Convention of Human Rights ("ECHR") as established in the jurisprudence of the European Court of Human Rights ("ECtHR")?



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