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Implications Of UK Voluntary Data Retention Code Under Scrutiny

by Robin Pilgrim, LawAndTax-News.com, London

09 May 2003

Speaking to legal publishers, Butterworths this week, Olswang media communications and technology partner, Simon Briskman warned that the implications of data retention proposals put forward by the UK's Home Office could be far-reaching, in terms of erosion of privacy.

The debate over the retention of telecoms data began raging in earnest in the aftermath of the September 11 terrorist attacks, and provisions contained within the Anti-terrorism, Crime and Security Act 2001 allow the Home Office to push for the retention of personal data, in order to track the users of telecommunication services if necessary.

According to Butterworths, the latest development was the introduction of a piece of draft legislation - entitled Code for the Voluntary Retention of Communications Data - allowing such information to be retained for up to 12 months.

Mr Briskman explained that:

'Communications data essentially means data relating to a subscriber and information about the use made of a telecoms or e-communications service. It does not include the content of any communication which can only lawfully [be] intercepted and accessed under the Regulation of Investigatory Powers Act 2000 (RIPA).'

He went on to suggest that the increased cost and compliance burden on UK telecommunications businesses resulting from the draft code is likely to prove problematic, and suggested that privacy concerns are also likely to provoke controversy:

'From a human rights angle, the shift to a blanket system of data retention certainly marks an erosion of privacy. There are concerns that a retention code could expose service providers to liability under the Human Rights Act, whether voluntary or mandatory.'

He concluded by warning that it the take-up of a voluntary initiative by telecoms companies is not deemed sufficient by the government, the Home Secretary can choose to impose mandatory data retention requirements on all such businesses.

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