The UK Investigatory Powers Act 2016 will start to come on stream with its ambitious objective of balancing extensive powers with extensive oversight. In principle, it might work (and could be a template for other countries), but the question is whether it will in practice. Will those who exercise these powers respect or abuse them?
We will also be keeping a close eye on Privacy Shield. Will its oversight mechanisms be effective, in particular the US State Department’s Ombudsperson Scheme? The first US/EU joint review of Privacy Shield will be very interesting and important, particularly if Model Clauses are invalidated (which seems possible as a result of the challenge launched in Ireland).
{b}{i}Ian De Freitas is a Partner at Berwin Leighton Paisner LLP
