Judgment Approved by the court for handing down. Davis & Ors v SSHD 73. We have already noted that it has not been (and could not sensibly be) argued that data protection falls outside the proper scope of EU law. Mr Eadie, however, placed reliance on the jurisprudence of the European Court of Human Rights (ECtHR), which he submitted is required to be applied under EU law and which has approved the UK’s regime for access to communications data under RIPA. 74. Mr Eadie’s starting point was Recital (2) to the e-Privacy Directive, which states:“This Directive seeks to respect the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights set out in Article 7 and 8 of that Charter.” 75. Clearly Article 7 of the Charter corresponds to Article 8 of the ECHR, and ECtHR jurisprudence is therefore directly material in interpreting it. Mr Eadie cited a number of cases from the ECtHR which concerned telephone tapping, retention of data or access to communications, starting with Malone v. UK (1985) 7 EHRR 14. As is the custom in ECtHR judgments, subsequent cases restate the applicable principles; so it is not necessary to refer in this judgment to all of them. 76. The most recent is the decision of a Chamber of the ECtHR in Kennedy v. UK (2011) 52 EHRR 4. The claimant had been convicted (he asserted wrongly) of manslaughter. Following his release from prison after serving his sentence, he had involved himself in campaigning against miscarriages of justice. The case before the ECtHR concerned the lawfulness of the use of the RIPA regime to intercept his communications. The Act required all warrants for such interception to have been issued (or, in cases of urgency, authorised) by the Secretary of State personally. 77. In paragraphs 151 to 154 the Court set out the relevant principles:“151. The requirement that any interference must be “in accordance with the law” under Article 8 § 2 will only be met where three conditions are satisfied. First, the impugned measure must have some basis in domestic law. Second, the domestic law must be compatible with the rule of law and accessible to the person concerned. Third, the person affected must be able to foresee the consequences of the domestic law for him (see, among many other authorities, Rotaru v. Romania, cited above, § 52; Liberty and Others, cited above, § 59; and Iordachi and Others, cited above, § 37). 152. The Court has held on several occasions that the reference to “foreseeability” in the context of interception of communications cannot be the same as in many other fields (see Malone, cited above, § 67; Leander v. Sweden, 26 March 1987, § 51, Series A no. 116; Association for European Integration, cited above, § 79; and Al-Nashif, cited above, § 121). In its admissibility decision in Weber and Saravia, cited above, §§ 93 to 95, the Court summarised its case-law on the requirement of legal “foreseeability” in this field: