Traffic data include the time and duration of phone calls, the
numbers dialled, e-mail addresses, the location of mobile phones
and web site logs. The actual contents of communications are not
part of the traffic data.
According to the ICC, differing national policies on the
retention of communications traffic data will create disadvantages
for communications providers operating in countries with stricter
requirements, and an "impossible compliance burden" for those with
operations in many different jurisdictions.
In its statement, the ICC also urges lawmakers and governments
not to define traffic data too broadly so as to include any data
related to a communication. That, said the ICC, would increase the
cost and technical capability burden on telcos, create uncertainty
as to their legal obligations, and also damage public confidence in
the privacy of electronic communications.
The ICC recommends in its statement that governments should
favour targeted data preservation over data retention regimes. Data
preservation, in contrast with data retention, involves the storage
or "freezing" of a limited set of data following a specific
government request.
Such preservation is only for a brief period of time, during
which an order for disclosure of the data to law enforcement
agencies can be obtained.
The ICC concludes: "Any traffic data storage requirements
imposed by governments should be focused, narrow, publicly funded,
limited to the measures absolutely necessary to protect society,
and balance the interests of government, business and users."
The ICC's policy statement is available as a 6-page PDF
from:
www.iccwbo.org/home/news_archives/2002/stories/trafficdata.pdf
