Could Brexit lead to UK citizens being 2nd class in the UK ?

(1 Post)
LurkingHusband Tue 19-Jul-16 16:12:00

www.theguardian.com/world/2016/jul/19/bulk-data-collection-can-only-be-used-to-fight-serious

Retaining data from telephone calls and emails is legal only if law enforcement agencies use it to tackle serious crime, the EU’s highest court has indicated.

(contd)

As the UK is an EU member, this ruling is enforceable against the UK government.

The article notes:

At issue was whether there are EU standards on data retention that need to be respected by member states in their domestic legislation. The result, though significant in the short term, may eventually prove academic once the UK has withdrawn from the EU and the ECJ no longer has judicial authority over the UK.

So we have a possible scenario where the UK has left the EU, and sticks deux doights upto the ECJ. So far so good. However, the likely response from the EU will be "fine, if you don't protect our citizens data, you can't have it" - meaning the UK can forget about selling anything into Europe.

Now I am not a lawyer, but I'm curious as to whether this could lead to a future where UK citizens data is fair game, but the UK law has to extend EU protections to EU citizens - including those resident in the UK - but can happily ignore the rights of pure-UK citizens (who will be unable to complain to their EU government who could act on their behalf).

Of course the UK could try to ignore EU data protection. But it would have to ignore EU trade too.

We're back to Norway again.

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