i)
the conclusions of the Grand Chamber in Watson in respect of DRIPA have
no effect, even by extension or analogy, upon BCD acquired and used for the
purposes of national security, which requires separate consideration:
ii)
if it were of application to matters of national security, the Watson judgment
would not comply with the TEU, as being inconsistent with the provisions of
TEU Articles 4 and 5 (set out below), and with previous decisions of the
Grand Chamber.
iii)
the safeguards of ECHR Article 8 are sufficient to control the activities of the
States and the SIAs, and achieve a sufficient balance between the protection of
the public and the privacy of the individual, and the Watson Requirements do
not or should not apply to BCD.
EU Law
21.
The relevant EU provisions are as follows:
i)
TEU/TFEU
Article 4 TEU
“1.
In accordance with Article 5, competences not conferred upon the
Union in the Treaties remain with the Member States.
2.
The Union shall respect the equality of Member States before the
Treaties as well as their national identities, inherent in their
fundamental structures, political and constitutional, inclusive of
regional and local self government. It shall respect their essential
State functions, including ensuring the territorial integrity of the
State, maintaining law and order and safeguarding national
security.
In particular, national security remains the sole
responsibility of each Member State.
. . .”
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