Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors European Court of Human Rights, which usually asks whether there has been a violation of an applicant’s rights on the particular facts of the case before it. As Lord Bingham of Cornhill said in Brown v Stott [2003] 1 AC 681, at 704: “The case law shows that the court has paid very close attention to the facts of particular cases coming before it, giving effect to factual differences and recognising differences of degree.” 61. We also accept the submission made in particular by Mr Sharland QC, on behalf of the Surveillance Camera Commissioner, that what is in issue in this appeal is the local deployment of AFR within the area of SWP. This appeal is not concerned with possible use of AFR in the future on a national basis. As Mr Sharland submits, it is wellestablished in the caselaw of the European Court of Human Rights that local policies can be relevant to satisfy the requirement of “in accordance with the law”. Such policies do not necessarily have to be at a national level. He cited the decision of the European Court of Human Rights in Munjaz v United Kingdom [2012] MHLR 351, at [83]-[95]. In that case what was in issue was the policy on seclusion of patients at a “special hospital”, Ashworth, which was a high security hospital. The European Court of Human Rights concluded that the hospital’s policy of seclusion did give sufficient indication of the scope of discretion which the hospital enjoyed and that the manner of that discretion was exercised with sufficient clarity to protect the applicant against arbitrary interference with his Article 8 rights. 62. Particular reliance was placed by Mr Facenna QC, on behalf of the Information Commissioner, on the decision of the Court of Justice of the European Union in Tele2 Sverige AB v Post-och telestyrelsen and R (Watson) v Secretary of State for the Home Department (joint cases C-203/15 and C-698/15) [2017] QB 771. That case, so far as it concerned the UK, concerned the compatibility of the Data Retention and Investigatory Powers Act 2014 with EU law, including the Charter of Fundamental Rights. Article 7 of that Charter contains a guarantee which is similar to Article 8 of the Convention. The legislation empowered the Secretary of State to issue a “retention notice” on a public telecommunications operator to retain “relevant communications data” if the Secretary of State considered that the requirement was necessary and proportionate for one or more of the purposes specified in the legislation. This in effect permitted the large scale and indiscriminate retention of electronic communications data of members of the public. Although this did not include the content of communications, it did include much other personal data, sometimes called “metadata”: it would be possible, for example, to trace and identify the source of a communication; the date, time, duration and type of communication; and the location of mobile communications equipment (see [98]). 63. The Court of Justice laid down a series of strict and detailed conditions for the compatibility of such intrusive legislation with EU law: see [102]-[122]. For example, at [120], the Court said that what was required in that context, except in cases of urgency, was “a prior review carried out either by a court or by an independent administrative body”. 64. We consider, however, that the Court’s reasoning was principally directed to the question of proportionality rather than the requirement that an interference with rights must be in accordance with the law. Secondly, it was concerned with the specific