ISPs Urged To Reject UK's Draft Retention Of Communications Data Code

by Robin Pilgrim, LawAndTax-News.com, London

22 September 2003

The UK's Internet Services Providers' Association (ISPA UK) has urged ISPs to reject the government's draft Retention of Communications Data (Code of Practice) Order 2003, which went before Parliament earlier this month. The UK authorities have warned that if ISPs fail to sign up to this voluntary code of conduct with regard to the retention of customer data, a mandatory one may be imposed.

Speaking last week, Jessica Hendrie-Liano, chair of the ISPA Council, welcomed the fact that some of the body's concerns, such as the establishment of a uniform procedure for all designated agencies seeking to access communications data, and the necessity for checks on public bodies accessing such information by an independent commissioner, had been acknowledged and addressed.

However, she expressed concern that various agencies seem unwilling to give up powers to access subscriber details, billing information, personal details of users, and mobile telephone records that they retain under legislation other than the Regulation of Investigatory Powers Act (2000) and the Anti-Terrorism, Crime and Security Act.

She also went on to explain that:

'ISPA lacks convincing evidence from law enforcement that the data retained by ISPs at the request of the Home Office will be of use to law enforcement. Moreover, ISPA believes the voluntary code of practice may cause ISPs legal problems due to conflicts with the Data Protection Act and Human Rights legislation.'

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