Full Article Details
Article Date: 21/06/2007
Article Title: Implementation of Data
The Home Office’s consultation paper on the implementation of the Data Retention Directive (2006/24/EC) ("the Directive") into English law was launched on 27 March 2007.
The Directive deals with the retention of data generated or processed in connection with the provision of publicly available electronic communications services or public communications networks. The Directive specifically applies to data generated or processed as a consequence of a communication or a communication service, but not ‘content’.
It was felt that the anomalies between the EU Member States’ as regards the legal requirements relating to the retention of communications data (i.e. caller identity, time of call, communication method), was hampering efforts in the prevention, investigation, detection of serious crime. It is envisaged that the Directive, and its subsequent implementation into Member States’ national law will help to harmonise provisions relating to the retention of communication data.
Key points concerning the draft regulations:
• the agreed version of the regulation must come into force by 15 September 2007.
• it will apply to all public electronic communications network or public electronic communications service providers.
• communication data generated or processed via the Internet will not initially be caught by the Directive, as the UK has opted to postpone the application of this part of the Directive until 15 March 2009.
• there will be a 12 month retention period.
• Providers will need to ensure that they have appropriate technical and organisational security measures in place.
• Providers will need to deal with data requests promptly, and so will need to ensure that adequate retrieval systems are in place.
• expenses incurred by the Providers in complying with their obligations may be reimbursed by the Home Office (insofar as such expenses have been notified and agreed in advance).
A copy of the consultation paper can be found at http://www.homeoffice.gov.uk/documents/cons-eur-dir-comm.pdf. The consultation is due to finish on 11 June 2007.
Claire Royal,
Solicitor
Tel: +44 (0) 845 497 3831
www.eversheds.com
Click here to view all news articles