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22/09/03
Home Office has ignored Industry’s concerns on Data Retention– says Intellect
Intellect believes that the UK’s place as a leading centre for eBusiness is being jeopardised by Home Office proposals on data retention.
Intellect, the association for the UK IT, telecommunications and electronics industries, expressed serious concern that the Home Office has ignored Industry calls for data preservation. These have remained constant throughout the recent consultation on the voluntary retention of communications data under the Anti Terrorism Crime and Security Act.
It feels that the Home Office has failed to present a satisfactory business case for data retention, either within the consultation paper, or directly to Industry. Intellect does, however, welcome Home Office moves to allay fears around the access of data under the Regulation of Investigatory Powers Act; with new measures to restrict the type of data public authorities can have access and who can request it.
John Higgins, Director General, Intellect said, “The Home Office has ignored Industry calls for data preservation and is planning to take forward data retention as part of the "emergency powers" first set out in the Anti Terrorism Crime and Security Act two years ago.”
He continued, “There is no evidence to show that the system of data retention will allow agencies to retrieve and interrogate the data necessary for investigations in an effective and timely manner. There is also a lack of certainty that data retention and access under such data retention will always be compatible with Data Protection and Human Rights legislation. This legislation threatens UK's aim to be the best place to do eBusiness - both in terms of diverting industry efforts and in terms of damaging consumer trust and confidence. It is disappointing that Government has consulted with Industry and yet continues to ignore our concerns”
Background information
The consultations by the Home Office on a Code of Practice for Voluntary Retention of Communications Data (under the Anti Terrorism Crime and Security Act 2001) and Access to Communications Data (under the Regulation of Investigatory Powers Act) followed the wave of negative press surrounding the legislation, which was dubbed “The Snoopers Charter”, in the summer of 2002.
Measures put in place by the Home Office to safeguard access to data by Public Authorities There is a senior named person in each public authority responsible for requesting data, what data each public authority can request has been made specific to needs, the Interception Commissioner has been given powers of oversight and a training mechanism has been put in place. However, as the Department of Work and Pensions has its own legislation under which to request data, there are still two regimes. The DWP will not be under the regulation of Regulation of Investigatory Powers Act and the double lock system will not apply, nor will training be mandatory in this department.
Consultation respondents views on data retention Of those who raised views on data retention, 64% were against the concept according to the Home Office consultation summary. However, it appears that this strength of feeling was overturned by the law enforcement and intelligence agencies. Under legislation, there will have to be a period of time to give voluntary retention of data a trial, but it is perceived that the majority of Communication Service Providers (CSP's) will not sign up and the legislation will go on to be mandatory.
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