The
Regulations will apply to phone providers by September of this
year, subject to Parliament's approval. To comply with last year's
EU Directive on Data Retention, these rules must be extended or new
rules passed to mandate the retention of internet data, including
Voice over Internet Protocol (VoIP) data, by 15th March 2009.
The Regulations propose that phone companies retain information
on calls made, though not the content of calls, for 12 months, the
same length of time for which some companies currently keep data
under a voluntary code.
That voluntary code also applies to ISPs and suggests a
retention period of six months for internet data. The mandatory
retention period to be introduced for internet data is still
unknown.
Data retention is a crime fighting measure, and each EU country
can choose a period of between six months and two years for which
companies must keep information. They can also choose which law
enforcement bodies have access to the data.
The data retention laws will mean that across Europe police
forces will have access to records showing what telephone calls
were made from a particular number, when and for what duration. In
the case of mobile phone calls they will also have the information
about where the call was made, which the network can provide based
on what 'cell' of the network is used.
The
proposed Regulations give the Home Office a discretionary power to
pay for data retention and retrieval costs. "The Secretary of State
may reimburse any expenses incurred by a public communications
provider in complying with these Regulations," they state. "Such
reimbursement may be conditional on the expenses having been
notified to the Secretary of State and agreed in advance."
The Home Office's consultation process will run until 11th June,
and the Directive stipulates that the mobile and fixed line phone
rules must be in place by 15th September.
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