The Government said before summer that it would create
new communications legislation that would make the recording of the
fact of communications, though not their content, compulsory.
It has emerged that that law had been planned for the end of
this year but will now be postponed until next year following
consultation.
Government sources have told reporters that one option is to
create a single, Government-operated database of call and web use
records but that there would be a public consultation on measures
before the law is passed.
The Government has announced that any law would extend the
powers of communications logging so that they could track the use
of communications through websites such as social networking
sites.
Law enforcement agencies can currently gain access to records
kept by telecoms providers about which number or computer contacted
which other number or computer, for how long and when as well as
any location data that the operator has.
Providers are compensated by the state for the costs of
providing such information. One current Home Office proposal,
sources have told reporters, is that a single public database would
track and provide that information.
Home Secretary Jacqui Smith told think-tank the Institute for
Public Policy Research yesterday that the Government would act on
communications surveillance and would extend the reach into new
forms of communication.
"Our ability to intercept communications and obtain
communications data is vital to fighting terrorism and combating
serious crime, including child sex abuse, murder and drugs
trafficking," said Smith.
"Communications Data – that is, data about calls, such as the
location and identity of the caller, not the content of the calls
themselves – is used as important evidence in 95% of serious crime
cases and in almost all Security Service operations since
2004."
"But the communications revolution has been rapid in this
country and the way in which we intercept communications and
collect communications data needs to change too. If it does not we
will lose this vital capability that we currently have and that we
all take for granted," she said.
Authorities' use of information on phone calls and web use is
possible because companies track usage data for billing purposes.
That is not true of alternative messaging systems such as
internet-based phone technology or social networking messaging and
the Government is said to be keen to track such use.
The changes will be part of the Data Communications Bill, which
will also transpose into UK law the EU's Data Retention Directive.
This asks member states to make it a legal requirement that
communications records are kept for between six and 24 months,
though it does not require that the information be kept on a
Government database.
Privacy watchdog the Information Commissioner's Office (ICO)
said earlier this year that it opposed the creation of a new single
database containing communications records.
‘If the intention is to bring all mobile and internet records
together under one system, this would give us serious concerns and
may well be a step too far," said Jonathan Bamford, assistant
Information Commissioner. "We are not aware of any justification
for the state to hold every UK citizen’s phone and internet
records."
Smith said that a consultation on the new law would take place
in the New Year.
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