MPs' legal challenge to government surveillance to be heard at High Court

Data Retention and Investigatory Powers Act, rushed through Parliament in three days, to face judicial review

The High Court is to rule on a legal challenge to the government's emergency surveillance laws, which were fast-tracked through Parliament last July.

The challenge has been brought by Tom Watson, currently deputy chairman of the Labour Party, and former Conservative minister David Davis, who resigned to force a by-election on government surveillance and other powers in 2008. The judicial review will be heard today.

The Data Retention and Investigatory Powers (DRIP) Act 2014 was rushed through Parliament in just three days in July last year. It enabled the UK's security services to continue to have access to phone and internet records of individuals following a repeal of these rights by the Court of Justice of the European Union.

It enables GCHQ and other intelligence agencies to legally gather and retain information about phone calls, text messages and online communications, including email. It required internet service providers and other internet companies to retain this information for at least 12 months. The government argued that it required such powers in order to combat the threat of terrorism.

The DRIP Act was supported by the three main parties - Conservative, Labour and Liberal Democrats - and will be followed up this year with a new Investigatory Powers Bill, based on the Communications Data Bill.

Davis and Watson, however, argue that the DRIP Act is incompatible with the Human Rights Act, which supposedly guarantees a "Right to a private and family life", while human rights charity Liberty argues that it also contravenes article eight of the EU Charter of Fundamental Rights, covering protection of personal data.

The judicial review is expected to last two days and will be heard by Lord Justice Bean and Mr Justice Collins at the Royal Courts of Justice.

Tom Watson said: "The government's decision to use emergency powers to enable it to spy on citizens shows the rights of the individual need to be strengthened to ensure the state can't act with impunity."

He continued: "Even MPs are powerless to prevent such powers being enacted. The Human Rights Act allows us to challenge those powers in the courts but the Tory government is intent on tearing up the act and doing away with the limited legal protection it affords. It is vital that we fight for it to be retained."