Judgment Approved by the court for handing down. Davis & Ors v SSHD 7. The Secretary of State’s Detailed Grounds of Defence are thus correct in stating at paragraph 38 that “the test of validity of the Act [DRIPA] and the 2014 Regulations is whether they are compliant with Articles 7 and 8 of the EU Charter and/or Article 8 ECHR.” Data protection law has been within the scope of EU law for 20 years. The Data Protection Act 1998 was enacted to implement the Data Protection Directive (95/46/EC). The Explanations referred to in the Charter and printed in the Official Journal of the EU make it clear that Article 8 of the Charter was based on Article 286 of the Treaty establishing the European Community (as amended) and on the Data Retention Directive, among other sources. This is not a case in which any party has argued that Article 8 of the Charter lies outside the proper scope of EU law, although it will be seen that there is a dispute as to whether it covers access to data as well as retention. 8. Article 52(3) of the Charter provides:“In so far as this Charter contains rights which correspond to rights guaranteed by the [ECHR], the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.” 9. The Secretary of State prays in aid the first sentence; the Claimants the second. As to the second, Mr Eadie submitted that it does not entitle the CJEU (or this court) to hold that the scope of anyone’s rights has been extended by virtue of the Charter, since it was not intended to give fresh rights but to consolidate existing rights. This approach, he submitted, is confirmed by Protocol 30 to the EU Treaties, negotiated by the UK and Poland, which provides:“The Charter does not extend the ability of the Court of Justice, or any court or tribunal of Poland or of the UK, to find that the laws, regulations or administrative provisions or action of Poland or of the UK are inconsistent with the fundamental rights, freedoms and principles that it reaffirms. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable for Poland or the UK except in so far as Poland or the UK has provided for such rights in the national law.” [Title IV is not relevant in this case] 10. The precise scope of Protocol 30 is far from clear, since it only precludes the extension by the CJEU or domestic courts of their existing powers to find that UK laws are not in accordance with the Charter. It cannot be used to prevent the court from defining the extent of rights contained in the Charter which set out provisions within the material scope of EU law. 11. The extent of the State’s powers to require the retention of communications data and to gain access to such retained data are matters of legitimate political controversy both in the UK and elsewhere. The Queen’s Speech opening the new Parliament on 27 May 2015 indicated that “new legislation will modernise the law on communications data”. To take one example from abroad, on 2 June 2015 the US Congress passed one