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UK: Mandatory retention of telecommunications in UK "nodded" through parliament and comes into effect on 1 October 2007

01 September 2007

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Statutory Instruments 2007 No. 2199, Electronic Communications: The Data Retention (EC Directive) Regulations 2007 (pdf) After a perfunctory and ill-informed exchange, which just lasted a few minutes: House of Lords (pdf), no reference was made to the fact that the transposition of the existing "voluntary" agreement into a mandatory one would normally require primary legislation. See:Measure "not in need of "special attention" in parliament": Joint Committee on Statutory Instruments, 22nd Report (link)

As from October records all phone-calls, e-mails, faxes, mobile phone calls (including locations) have to be retained by service providers for access by law enforcement agencies. Within 18 months a further Statutory instrument will cover the retention of internet usage (sites visited etc and voice telephony via internet).

See: Statewatch analysis: Mandatory retention of telecommunications traffic to be "nodded" through in the UK (pdf) and
UK: Data retention and access consultation farce: Government to allow access for crime purposes to records which can only be held for "national security" (link)

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